In re Foreign Exchange Benchmark Rates Antitrust Litigation
Plaintiff: Peter Rives, Robert Miller, Casey Sterk, Izee Trading Company, Value Recovery Fund LLC, John Nypl, Tiberius OC Fund, Ltd., Augustus International Master Fund, L.P., The City of Philadelphia, Board of Pensions and Retirement, Systrax Corporation, State-Boston Retirement System, Newport News Employees' Retirement Fund, Syena Global Emerging Markets Fund, LP, Thomas Gramatis, Employees' Retirement System of Puerto Rico Electric Power Authority, Mark Miller, Marc G. Frederighi, J. Paul Antonello, Michael J. Smith, Doug Harvey, Richard Preschern dba Preschern Trading, John Kerstein, Haverhill Retirement System and Aureus Currency Fund, L.P.
Defendant: Settling Defendants, Morgan Stanley & Co. International plc, Merrill Lynch, Pierce, Fenner & Smith Inc., BNP Paribas Securities Corp., Morgan Stanley & Co. LLC, Bank of Tokyo-Mitsubishi UFJ Ltd., Citicorp, Morgan Stanley, JPMorgan Chase & Co., The Goldman Sachs Group, Inc., UBS Group AG, RBS Securities, Inc., Bank of America, N.A., Standard Chartered Bank, Goldman, Sachs & Co., UBS AG, Deutsche Bank AG, UBS Securities LLC, Credit Suisse AG, Citigroup, Inc., Barclays Bank PLC, Credit Suisse Securities (USA) LLC, RBC Capital Markets, LLC, Societe Generale S.A., Deutsche Bank Securities Inc., Credit Suisse Group AG, Barclays Capital Inc., Bank Of America Corporation, JPMorgan Chase Bank National Association, Goldman Sachs & Co. LLC, Standard Chartered PLC, Citigroup, N.A. and Royal Bank of Scotland Group, PLC
Petitioner: Fresno County Employees Retirement Association
Not Classified By Court: Quinn Emanuel Urquhart & Sullivan, LLP, Keith Kornell, Gregory Galan, U.S. Department of Justice, Crown and Korn, Parris Girves and New York State Department of Financial Services
Consolidated Plaintiff: Nasser Bakizada, Robert Charles Class A, L.P., Jeffrey Sterk, City of Providence, Rhode Island, Michael Melissinos, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Robert L. Teel and Kimberly Sterk
Consolidated Defendant: Citibank N.A., Citigroup Global Markets, Inc., Credit Suisse Group AP, BNP Paribas North America, Morgan Stanley & Co., LLC, BNP Paribas Securities, Inc., HSBC Securities (USA) Inc., BNP Paribas Prime Brokerage, Inc., BNP Paribas Group, Credit Suisse International, Scotland Group Plc, The Royal Bank of Scotland Group PLC and The Royal Bank of Scotland PLC
Interested Party: Donna S. Lucas, Neil Taylor, Doris Sue Allen, Hedy L. Anselman, Dana Kellen, Steve Leaven, Oklahoma Firefighters Pension and Retirement System, John Burnside, Eduardo Negrete, Jonathan G. Axelrod, Timothy R. Garrett, Warren J. Pepicelli, John A. Boardman, Employees' Retirement System of the Government of the Virgin Islands, ERISA Allocation Counsel and Gervasio Negrete
Alternative Dispute Resolution (Adr) Provider: HSBC Bank plc, HSBC Bank USA, N.A., HSBC North America Holdings, Inc. and HSBC Holdings plc
Consolidated Counter Defendant: BNP Paribas North America, Inc.
Claimant: FXDirectDealer, LLC (FXDD), Forex Capital Markets, LLC, Lucid Markets LLP, Mapleridge Capital, Virtu Financial LLC, TG Capital Fund LP, Contrarian Capital Management LLC and NWI Management, L.P.
Case Number: 1:2013cv07789
Filed: November 1, 2013
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Lorna G Schofield
Nature of Suit: Anti-Trust
Cause of Action: 15 U.S.C. § 1 Antitrust Litigation (Monopolizing Trade)
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 5, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 28, 2023 Opinion or Order Filing 2056 MEMO ENDORSEMENT: on re: #2055 Letter filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Thomas Gramatis, State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, Casey Sterk, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller. ENDORSEMENT: The Clerk of Court is respectfully directed to close this case. (Signed by Judge Lorna G. Schofield on 4/28/2023) (ama)
April 27, 2023 Opinion or Order Filing 2055 JOINT LETTER addressed to Judge Lorna G. Schofield from Plaintiffs and Defendants dated April 27, 2023 re: Notice of Appeal and Bill of Costs. Document filed by J. Antonello, Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
March 28, 2023 Opinion or Order Filing 2054 ORDER AND FINAL JUDGMENT: IT IS HEREBY ORDERED: Judgment is entered in favor of the Credit Suisse Defendants and against Plaintiffs on the Fourth Amended Complaint; and The Clerk of Courts is directed to enter this judgment and close this case. The Clerk of Court is respectfully directed to enter judgment accordingly and to close the case. SO ORDERED. (Signed by Judge Lorna G. Schofield on 3/28/2023) (ama) Modified on 3/29/2023 (ama).
March 27, 2023 Opinion or Order Filing 2053 FOURTH AMENDED COMPLAINT amending #1409 Amended Complaint,,,,,,,, against BNP Paribas Group, BNP Paribas North America, BNP Paribas Prime Brokerage, Inc., BNP Paribas Securities Corp., Bank Of America Corporation, Bank of America, N.A., Bank of Tokyo-Mitsubishi UFJ Ltd., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citicorp, Citigroup Global Markets, Inc., Citigroup, Inc., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Deutsche Bank Securities Inc., Goldman, Sachs & Co., HSBC Bank USA, N.A., HSBC Bank plc, HSBC Holdings plc, HSBC North America Holdings, Inc., HSBC Securities (USA) Inc., JPMorgan Chase & Co., JPMorgan Chase Bank National Association, Merrill Lynch, Pierce, Fenner & Smith Inc., Morgan Stanley, Morgan Stanley & Co. International plc, Morgan Stanley & Co. LLC, RBC Capital Markets, LLC, RBS Securities, Inc., Royal Bank of Scotland Group, PLC, Societe Generale S.A., Standard Chartered Bank, The Goldman Sachs Group, Inc., UBS AG, UBS Group AG, UBS Securities LLC with JURY DEMAND.Document filed by Michael J. Smith, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Michael Melissinos, Oklahoma Firefighters Pension and Retirement System, Izee Trading Company, J. Paul Antonello, Value Recovery Fund LLC, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, State-Boston Retirement System, Casey Sterk, Employees' Retirement System of Puerto Rico Electric Power Authority, Peter Rives, Robert Miller, John Kerstein, Haverhill Retirement System, Thomas Gramatis, Mark Miller, Marc G. Frederighi, Richard Preschern dba Preschern Trading, Doug Harvey, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Systrax Corporation. Related document: #1409 Amended Complaint,,,,,,,,. (Attachments: #1 Appendix 1 - Glossary, #2 Appendix 2 - Currency abbreviations, #3 Appendix 3 - Euromoney market shares).(Burke, Christopher)
March 24, 2023 Opinion or Order Filing 2052 STIPULATION AND ORDER: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the Parties the following: 1. By March 27, 2023, pursuant to Rule 15(a)(2) of the Federal Rules of Civil Procedure, Plaintiffs shall file a Fourth Consolidated Amended Class Action Complaint ("Fourth Amended Complaint") that removes the Exchange Plaintiffs and their claims. A [Proposed] Fourth Amended Complaint is attached hereto as Exhibit A. A redline comparing the Proposed Fourth Amended Complaint with the TAC is attached hereto as Exhibit B. 2. Following the filing of the Fourth Amended Complaint, the parties agree that the Court can and should enter final judgment in Credit Suisse's favor consistent with this Court's October 24, 2022, Order for Judgment (ECF No. 2017) because all litigation in the District Court as to the remaining claims has concluded. So Ordered. ( Amended Pleadings due by 3/27/2023.) (Signed by Judge Lorna G. Schofield on 3/24/2023) (tg) Transmission to Orders and Judgments Clerk for processing.
March 23, 2023 Opinion or Order Filing 2051 JOINT LETTER addressed to Judge Lorna G. Schofield from Plaintiffs and Defendants dated March 23, 2023 re: Stipulation and Entry of Final Judgment. Document filed by J. Paul Antonello, Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A - Redline Comparison, #2 Exhibit B - Proposed Order and Final Judgment).(Burke, Christopher)
March 23, 2023 Opinion or Order Filing 2050 ORDER AUTHORIZING PAYMENTS FOR SETTLEMENT ADMINISTRATION EXPENSES FROM SETTLEMENT FUNDS: NOW, THEREFORE, IT IS HEREBY ORDERED: All terms in initial capitalization used in this Order shall have the same meanings as set forth in the Settlement Agreements and the Preliminary Approval Orders, unless otherwise defined herein. The Court authorizes Class Counsel to pay up to an additional $3,000,000 (for atotal of $45,500,000) from the settlement funds for reasonable Settlement Administration Expenses. Any such expenses in excess of $45,500,000 may be paid from the settlement funds only with the approval of the Court. IT IS SO ORDERED. (Signed by Judge Lorna G. Schofield on 3/23/2023) (ama)
March 23, 2023 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #2049 Proposed Order was reviewed and approved as to form. (km)
March 22, 2023 Opinion or Order Filing 2049 PROPOSED ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Hausfeld, Michael) Proposed Order to be reviewed by Clerk's Office staff.
March 22, 2023 Opinion or Order Filing 2048 LETTER addressed to Judge Lorna G. Schofield from Michael D. Hausfeld & Christopher M. Burke dated 03/22/2023 re: Authorization for additional disbursements. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A - Settlement Administration Expenses Paid and Incurred to Date).(Hausfeld, Michael)
March 21, 2023 Opinion or Order Filing 2047 PROPOSED STIPULATION AND ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A - Proposed Fourth Consolidated Amended Class Action Complaint, #2 Exhibit B - Redline Comparison).(Burke, Christopher)
March 20, 2023 Opinion or Order Filing 2046 MEMO ENDORSEMENT: on re: #2045 Response filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, Casey Sterk, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller. ENDORSEMENT: Application GRANTED. By March 21, 2023, the parties shall file the stipulation and amended complaint described above, and by March 23, 2023, the parties shall file a joint letter motion seeking entry of final judgment that (1) attaches a redline copy of the amended complaint showing changes from the last operative complaint, (2) attaches a proposed form of order and (3) addresses whether the claims omitted from the amended complaint will be claim-precluded by entry of final judgment on the remaining claims or whether Plaintiffs otherwise are "disclaiming an intent to revive" the omitted claims, "converting it to a dismissal with prejudice, for reasons of estoppel," in order to seek an immediate appeal. Alix v. McKinsey & Co., Inc., 23 F.4th 196, 203 (2d Cir. 2022) (internal quotation marks omitted)., ( Amended Pleadings due by 3/21/2023., Motions due by 3/23/2023.) (Signed by Judge Lorna G. Schofield on 3/20/2023) (ama)
March 17, 2023 Opinion or Order Filing 2045 RESPONSE to Court's March 9, 2023 Order. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
March 9, 2023 Opinion or Order Filing 2044 MEMO ENDORSEMENT: on re: #2043 Response to Motion, filed by Credit Suisse AG, Credit Suisse Securities (USA) LLC, Credit Suisse Group AG. ENDORSEMENT: By March 17, 2023, Plaintiffs shall file a letter showing cause why their remaining claims should not be dismissed for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). SO ORDERED. (Signed by Judge Lorna G. Schofield on 3/09/2023) (ama)
March 8, 2023 Opinion or Order Filing 2043 LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Herbert S. Washer dated March 8, 2023 re: #2039 LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Michael D. Hausfeld & Christopher M. Burke dated 03/02/2023. . Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
March 3, 2023 Opinion or Order Filing 2042 ORDER with respect to #2039 Letter Motion for Conference re: #2039 LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Michael D. Hausfeld & Christopher M. Burke dated 03/02/2023. Defendants shall file a response by March 8, 2023. So Ordered. The Clerk of Court is respectfully directed to close the duplicative letter motions at Dkt. Nos. 2040 and 2041. (Signed by Judge Lorna G. Schofield on 3/3/2023) (jca)
March 3, 2023 Opinion or Order Set/Reset Deadlines: Responses due by 3/8/2023 (jca)
March 2, 2023 Opinion or Order Filing 2041 FILING ERROR - DUPLICATE DOCKET ENTRY - LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Michael D. Hausfeld & Christopher M. Burke dated 03/02/2023. Document filed by Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Hausfeld, Michael) Modified on 3/3/2023 (lb).
March 2, 2023 Opinion or Order Filing 2040 FILING ERROR - DUPLICATE DOCKET ENTRY - LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Michael D. Hausfeld & Christopher M. Burke dated 03/02/2023. Document filed by Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Hausfeld, Michael) Modified on 3/3/2023 (lb).
March 2, 2023 Opinion or Order Filing 2039 LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Michael D. Hausfeld & Christopher M. Burke dated 03/02/2023. Document filed by Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Hausfeld, Michael)
February 16, 2023 Opinion or Order Filing 2038 OPINION AND ORDER: re: #2022 MOTION for New Trial filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, Casey Sterk, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller. For the foregoing reasons, Plaintiffs' motion for a new trial is DENIED.The Clerk of Court is respectfully directed to close the motion at Docket Number 2022. (Signed by Judge Lorna G. Schofield on 2/16/2023) (ama)
February 10, 2023 Opinion or Order Filing 2037 NOTICE OF CHANGE OF ADDRESS by Patrick Joseph Coughlin on behalf of J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. New Address: Scott+Scott Attorneys at Law LLP, 600 W. Broadway, Suite 3300, San Diego, California, United States 92101, 6192334565..(Coughlin, Patrick)
February 10, 2023 Opinion or Order Filing 2036 NOTICE OF CHANGE OF ADDRESS by Carmen A. Medici on behalf of J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. New Address: Scott+Scott Attorneys at Law LLP, 600 W. Broadway, Suite 3300, San Diego, California, USA 92101, 619-233-4565..(Medici, Carmen)
January 19, 2023 Opinion or Order Filing 2035 STIPULATION AND ORDER DISMISSING PLAINTIFF TIBERIUS OC FUND, LTD.: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among Plaintiffs' Class Counsel, Tiberius and the Credit Suisse Defendants, as follows: 1.All claims by Tiberius in this Action are dismissed with prejudice pursuant to Fed. R. Civ. P. 41(a)(2). 2. Tiberius shall bear no costs or expenses in connection with its participation in this litigation. 3. The claims of the other Plaintiffs and members of the Plaintiffs' Class are not impacted by this stipulation of dismissal. So Ordered. Tiberius OC Fund, Ltd. terminated. (Signed by Judge Lorna G. Schofield on 1/19/2023) (mml)
January 18, 2023 Opinion or Order Filing 2034 PROPOSED STIPULATION AND ORDER. Document filed by Tiberius OC Fund, Ltd...(Entwistle, Andrew)
December 8, 2022 Opinion or Order Filing 2033 NOTICE OF CHANGE OF ADDRESS by Kate Lv on behalf of J. Paul Antonello, Augustus International Master Fund, L.P., Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. New Address: Korein Tillery, PC, 707 Broadway, Suite 1410, San Diego, California, U.S. 92101, 619-625-5620..(Lv, Kate)
December 7, 2022 Opinion or Order Filing 2032 REPLY MEMORANDUM OF LAW in Support re: #2022 MOTION for New Trial . . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
November 29, 2022 Opinion or Order Filing 2031 ORDER granting #2030 LETTER MOTION for Extension of Time to File Response/Reply as to #2028 Memorandum of Law in Opposition to Motion For New Trial addressed to Judge Lorna G. Schofield from Christopher M. Burke dated 11/28/2022. Application GRANTED. Plaintiffs shall file their reply in further support of their motion for new trial by December 7, 2022. Replies due by 12/7/2022. (Signed by Judge Lorna G. Schofield on 11/29/2022) (mml)
November 28, 2022 Opinion or Order Filing 2030 LETTER MOTION for Extension of Time to File Response/Reply as to #2028 Memorandum of Law in Opposition to Motion For New Trial addressed to Judge Lorna G. Schofield from Christopher M. Burke dated 11/28/2022. Document filed by Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
November 23, 2022 Opinion or Order Filing 2029 DECLARATION of Herbert S. Washer in Opposition re: #2022 MOTION for New Trial .. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit 1: Excerpts from the Trial Transcripts, #2 Exhibit 2: PTX1373A, #3 Exhibit 3: PTX1822A, #4 Exhibit 4: PTX0070A, #5 Exhibit 5: PTX0933A, #6 Exhibit 6: DTX318-0009, #7 Exhibit 7: DTX315-0002, #8 Exhibit 8: DTX316-0007, #9 Exhibit 9: DTX272, #10 Exhibit 10: DTX2026, #11 Exhibit 11: DTX2028, #12 Exhibit 12: DTX2011, #13 Exhibit 13: Excerpt from Sept. 15, 2022 Hal J. Singer Deposition Transcript, #14 Exhibit 14: Excerpt from Plaintiffs' Updated Witness List, #15 Exhibit 15: Excerpt from Plaintiffs' Proposed Special Verdict Form).(Washer, Herbert)
November 23, 2022 Opinion or Order Filing 2028 MEMORANDUM OF LAW in Opposition re: #2022 MOTION for New Trial . . Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
November 22, 2022 Opinion or Order Filing 2027 NOTICE of Notice of Change of Law Firm Affiliation and Entry of Appearance. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Noss, Walter)
November 21, 2022 Opinion or Order Filing 2026 NOTICE of Notice of Change of Law Firm Affiliation and Entry of Appearance re: #2025 Letter,,,,. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
November 21, 2022 Opinion or Order Filing 2025 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke dated 11/21/2022 re: Change of Firm Affiliation. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
November 10, 2022 Opinion or Order Filing 2024 DECLARATION of Christopher M. Burke in Support re: #2022 MOTION for New Trial .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit 1 - Excerpts from the Trial Transcripts, #2 Exhibit 2 - Summary of Excerpted Chats (the "Chat Summary"), #3 Exhibit 3 - PTX2995, #4 Exhibit 4 - Excerpts from the New York Department of Financial Services/Credit Suisse Consent Order).(Burke, Christopher)
November 10, 2022 Opinion or Order Filing 2023 MEMORANDUM OF LAW in Support re: #2022 MOTION for New Trial . . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
November 10, 2022 Opinion or Order Filing 2022 MOTION for New Trial . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
November 9, 2022 Opinion or Order Filing 2021 MEMO ENDORSEMENT on re: #2019 Letter, filed by Credit Suisse AG, Credit Suisse Securities (USA) LLC, Credit Suisse Group AG. ENDORSEMENT: Application GRANTED. The exhibit at Dkt. No. 2020-5 shall remain under seal with access limited to the parties and counsel listed in Appendix C. The document sought to be sealed was not material to the Court's decision on the motion for which it originally was filed, nor was it offered at trial, so it is entitled to a relatively weak presumption of public access. That presumption is overcome by the interest in maintaining the confidentiality of private information about a non-party's employment, including compensation. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 11920 (2d Cir. 2006) (internal quotation marks omitted); see also Nixon v. Warner Commc'ns., Inc., 435 U.S. 589, 599 (1978). (Signed by Judge Lorna G. Schofield on 11/9/2022) (mml)
November 8, 2022 Opinion or Order Filing 2020 ***SELECTED PARTIES*** LETTER addressed to Judge Lorna G. Schofield from Jason M. Hall dated November 8, 2022 re: Sealing of ECF No. 1769-6, the Separation Agreement Between Peter Little and Barclays (the Agreement) (Little_FX_000001). Document filed by Credit Suisse Group AG, Michael J. Smith, Michael Melissinos, Oklahoma Firefighters Pension and Retirement System, Izee Trading Company, Value Recovery Fund LLC, J. Paul Antonello, Newport News Employees' Retirement Fund, State-Boston Retirement System, Settling Defendants, Casey Sterk, Employees' Retirement System of Puerto Rico Electric Power Authority, Goldman Sachs & Co. LLC, Peter Rives, Tiberius OC Fund, Ltd., Robert Miller, Haverhill Retirement System, John Kerstein, Credit Suisse AG, Thomas Gramatis, Mark Miller, Marc G. Frederighi, Aureus Currency Fund, L.P., John Nypl, Richard Preschern dba Preschern Trading, Doug Harvey, Syena Global Emerging Markets Fund, LP, Citigroup, N.A., The City of Philadelphia, Board of Pensions and Retirement, Credit Suisse Securities (USA) LLC, Augustus International Master Fund, L.P., Systrax Corporation. (Attachments: #1 Appendix A-1: Materials Where Sealing Requests Were Denied, #2 Appendix A-2: Materials Where Sealing Requests Were Granted but Materials Were Trial Exhibits and Parties Have Filed the Trial Exhibits, #3 Appendix B: Reason Offered for Filing of Exhibit 54 Under Seal, #4 Appendix C: List of All Parties and Attorneys Who Should Have Access to Sealed Document, #5 Exhibit 54: Dkt. No. 1769-6, Exhibit 8-6 to Washer Decl. MIL 8 (Termination Letter))Motion or Order to File Under Seal: #2018 .(Hall, Jason)
November 8, 2022 Opinion or Order Filing 2019 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Jason M. Hall dated November 8, 2022 re: October 25, 2022 Order (ECF No. 2018) Granting and Denying Motions to Seal. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Appendix A-1: Materials Where Sealing Requests Were Denied, #2 Appendix A-2: Materials Where Sealing Requests Were Granted but Materials Were Trial Exhibits and Parties Have Filed the Trial Exhibits, #3 Appendix B: Reason Offered for Filing of Exhibit 54 Under Seal, #4 Appendix C: List of All Parties and Attorneys Who Should Have Access to Sealed Document, #5 Exhibit 1: Exhibit 7-2 to Washer Decl. MIL 7 (BARC-FX-CIV_00458465), #6 Exhibit 2: Exhibit 7-3 to Washer Decl. MIL 7 (CS-FXLIT-00000023), #7 Exhibit 3: Exhibit 7-4 to Washer Decl. MIL 7 (HBEU-FXLITIG-00049082), #8 Exhibit 4: Exhibit 7-5 to Washer Decl. MIL 7 (JPMC-CIVIL-0000132864), #9 Exhibit 5: Exhibit 7-6 to Washer Decl. MIL 7 (RBS_IN_RE_FX_LITIG_00004877), #10 Exhibit 6: Exhibit 7-7 to Washer Decl. MIL 7 (HBEU-FXLITIG-00007258), #11 Exhibit 7: Memorandum of Law in Support of Plaintiffs' Daubert Motion to Exclude Credit Suisse's Proposed Expert Opinions, #12 Exhibit 8: Ex. 1 to Hausfeld Decl. (Excerpt from Report), #13 Exhibit 9: Ex. 2 to Hausfeld Decl. (Excerpt from Report), #14 Exhibit 10: Ex. 5 to Hausfeld Decl. (Excerpt from Report), #15 Exhibit 11: Ex. 6 to Hausfeld Decl. (Excerpt from Report), #16 Exhibit 12: Ex. 7 to Hausfeld Decl. (Excerpt from Report), #17 Exhibit 13: Ex. 8 to Hausfeld Decl. (Excerpt from Report), #18 Exhibit 14: Ex. 10 to Hausfeld Decl. (Excerpt from Report), #19 Exhibit 15: Ex. 12 to Hausfeld Decl. (Excerpt from Report), #20 Exhibit 16: Ex. 13 to Hausfeld Decl. (Excerpt from Report), #21 Exhibit 17: Exhibit 1 to Washer Decl. (Expert Report of Robin Poynder on Bank Chats), #22 Exhibit 18: Exhibit 6 to Washer Decl. (Merits Reply Report of Eric Robin), #23 Exhibit 19: DE 19 to Washer Decl. (Excerpts of Expert Report of Michael Melvin, Ph.D.), #24 Exhibit 20: DE 22 to Washer Decl. (Excerpts of Expert Report of Divya Mathur, Ph.D.), #25 Exhibit 21: Exhibits to Declaration of Michael Melvin, Ph.D., #26 Exhibit 22: Exhibit 7 to Joint Submission FX-BOFA-0003919, #27 Exhibit 23: Exhibit 8 to Joint Submission FX-BOFA-0003947, #28 Exhibit 24: Exhibit 9 to Joint Submission FX-BOFA-0003932, #29 Exhibit 25: Exhibit 9-1 to Washer Decl. MIL 9 (BARC-FX-CIV_00059110), #30 Exhibit 26: Exhibit 9-3 to Washer Decl. MIL 9 (GS-FX-CIVIL-02165095), #31 Exhibit 27: Exhibit O to Burke Opp. Decl. (January 4, 2017 Excerpts of Plea Agreement, United States v. Katz (S.D.N.Y.)), #32 Exhibit 28: Exhibit P to Burke Opp. Decl. (January 13, 2017 Excerpts of Plea Agreement, United States v. Cummins (S.D.N.Y.)), #33 Exhibit 29: Exhibit JJ to Burke Opp. Decl. (BARC-FX-CIV_00098338-347), #34 Exhibit 30: Exhibit 5-1 to Washer Decl. Pls. MIL 5 (HBEU-FXLITIG-00034487), #35 Exhibit 31: Exhibit 5-5 to Washer Decl. Pls. MIL 5 (BARC-FX-CIV_00202050), #36 Exhibit 32: Exhibit 14 to Washer Decl. (CS-FXLIT-10242496), #37 Exhibit 33: Exhibit 2 to Burke Decl. (BARC-FX-CIV_00048598-8606 (Trader Deposition Exhibit 13)), #38 Exhibit 34: Exhibit 3 to Burke Decl. (UBS ZINC CIV 000097095-7118 (Trader Deposition Exhibit 15)), #39 Exhibit 35: Exhibit 4 to Burke Decl. (BARC-FX-CIV 00203215-3225 (Trader Deposition Exhibit 7)), #40 Exhibit 36: Exhibit 5 to Burke Decl. (CITI-FX-CIVIL_00167036-7049 (Trader Deposition Exhibit 7)), #41 Exhibit 37: Exhibit 6 to Burke Decl. (GS-FX-CIVIL-02375942-5944 (Trader Deposition Exhibit 8)), #42 Exhibit 38: Exhibit 7 to Burke Decl. (CITI-FX-CIVIL_00573406-3407 (Trader Deposition Exhibit 9)), #43 Exhibit 39: Exhibit 9 to Burke Decl. (HBEU-FXLITIG-00030309-0312 (Trader Deposition Exhibit 37)), #44 Exhibit 40: Exhibit 10 to Burke Decl. (BARC-FX-CIV_00461078-1092)), #45 Exhibit 41: Exhibit 11 to Burke Decl. (CS-FXLIT-12004325-4349), #46 Exhibit 42: Exhibit 2 to Joint Submission BARC-FX-CIV_00022281, #47 Exhibit 43: Exhibit 4 to Joint Submission CITI-FX-CIVIL_00065492, #48 Exhibit 44: Exhibit 5 to Joint Submission CS-FXLIT-00695321 (Altadonna 12), #49 Exhibit 45: Exhibit 6 to Joint Submission CS-FXLIT-13301126, #50 Exhibit 46: Exhibit 13 to Joint Submission DB-0457528, #51 Exhibit 47: Exhibit 14 to Joint Submission CS-FXLIT-12293619, #52 Exhibit 48: Exhibit 15 to Joint Submission SCB-FXLITIG-00016267, #53 Exhibit 49: Exhibit 16 to Joint Submission CS-FXLIT-13149654, #54 Exhibit 50: Exhibit 17 to Joint Submission BARC-FX-CIV_00098338, #55 Exhibit 51: Exhibit 18 to Joint Submission HBEU-FXLITIG-00044417, #56 Exhibit 52: Exhibit 19 to Joint Submission CS-FXLIT-12511219, #57 Exhibit 53: Exhibit 20 to Joint Submission SCB-FXLITIG-00016329, #58 Exhibit 54: [Sealed] Dkt. No. 1769-6, Exhibit 8-6 to Washer Decl. MIL 8 (Termination Letter)).(Hall, Jason)
October 25, 2022 Opinion or Order Filing 2018 ORDER granting in part and denying in part #1709 Letter Motion to Seal; granting in part and denying in part #1762 Letter Motion to Seal; granting in part and denying in part #1791 Letter Motion to Seal; granting in part and denying in part #1844 Letter Motion to Seal; granting in part and denying in part #1854 Letter Motion to Seal; granting in part and denying in part #1874 Letter Motion to Seal; granting in part and denying in part #1895 Letter Motion to Seal; granting in part and denying in part #1904 Letter Motion to Seal; granting in part and denying in part #1921 Letter Motion to Seal; granting in part and denying in part #1941 Letter Motion to Seal. ORDERED that the motions to seal are GRANTED in part. With the exceptions listed below, the documents listed in Appendices A to the parties' letters (Dkt. Nos. 1709-1, 1762, 1791-1, 1844-1, 1854-1, 1874-1, 1895-1, 1904-1, 1921-1, 1941-1) shall remain sealed, and only the parties and individuals identified in Appendices B to the parties' letters (Dkt. Nos. 1709-2, 1762, 1791-2, 1844-2, 1854-2, 1874-2, 1895-2, 1904-2, 1921-2, 1941-2) may have access. Although "[t]he common law right of public access to judicial documents is firmly rooted in our nations history," this right is not absolute, and courts "must balance competing considerations against" the presumption of access. Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 11920 (2d Cir. 2006) (internal quotation marks omitted); see also Nixon v. Warner Commc'ns., Inc., 435 U.S. 589, 599 (1978) ("[T]he decision as to access is one best left to the sound discretion of the trial court, a discretion to be exercised in light of the relevant facts and circumstances of the particular case."). Filing the documents with redactions is necessary to prevent unauthorized dissemination of personal information, including personal information pertaining to individuals subject to foreign data privacy regimes. Filing the deposition transcripts under seal is necessary to prevent the disclosure of confidential business information that was not relied upon by any party or the Court and thus is subject to a weaker presumption of public access, but is included in the exhibits only because it is adjacent to the relevant portions. The relevant portions are, at a minimum, described in the publicly-filed letters and memoranda of law, and the transcripts of all portions of depositions that were presented to the jury have been filed on ECF as Court Exhibits 6A through 6O (Dkt. No. 1998-6). Filing the excerpts under seal rather than in redacted form is necessary to avoid speculation and misleading inferences about what might be redacted, particularly because the public will have access to descriptions of any relevant material in the parties' memoranda of law and the Court's Opinion and Order. It is further ORDERED that the motions to seal are DENIED in part without prejudice as follows. Plaintiffs' motion to seal at Dkt. No. 1844 seeks to maintain under seal redacted excerpts of deposition testimony and documentary evidence quoted in the memorandum of law at Dkt. No. 1849 solely on the grounds that they were marked Confidential or Highly Confidential, which is not controlling or sufficient to maintain documents under seal. Those excerpts are directly relevant to the parties' arguments on Plaintiffs' Daubert motion, and the presumption of public access to such judicial documents is strong. Plaintiffs' motion offers a similar rationale for redaction of quoted material in the expert reports at Dkt. Nos. 1850-1, 1850-2, 1850-5, 1850-6, 1850-7, 1850-12 and 1850-13, as well as the entirety of the exhibits at Dkt. Nos. 1850-8, 1850-10, which is similarly inadequate on its face to overcome the presumption of public access. Credit Suisse's motion to seal at Dkt. No. 1895 asserts that the expert reports at Dkt. Nos. 1899-3, 1899-5 and 1900-1 contain analyses based on non-party data designated Highly Confidential. Confidentiality designations do not control whether information may be filed under seal, and absent further support via an affidavit, the information underlying these analyses appears to be sufficiently stale that it is no longer competitively sensitive, even if it once was. The parties' joint motion to seal at Dkt. No. 1941 asserts that the internal bank policies at Dkt. Nos. 1942-8, 1942-9 and 1942-10 constitute highly sensitive business information, but those policies all appear to be almost a decade old or more. Credit Suisse's motion to seal at Dkt. No. 1854 asserts the same about excerpts contained within the expert reports at Dkt. Nos. 1861-1 and 1861-5, and Credit Suisse's motion to seal at Dkt. No. 1709 asserts the same about the policies and discussions about policies at Dkt. Nos. 1763-1, 1763-2, 1763-3, 1763-3, 1763-4, 1763-5, 1763-6, and one additional document at Dkt. No. 1769-6. Absent further support in the form of an affidavit, those policies appear to be too stale to be competitively sensitive and warrant sealing. It is further ORDERED that the parties' motions to seal are DENIED in part to the extent that any of the instant ten motions seeks to seal documents that ultimately were admitted into evidence at trial. No trial exhibits shall be redacted to any greater extent than they were at trial. By November 8, 2022, the parties shall file a letter either consenting to file the above documents publicly and attaching unredacted copies (or more lightly redacted copies), or renewing their motions to seal with additional evidentiary support. The parties' letter shall identify all trial exhibits implicated by the ten sealing motions addressed in this order and shall attach them in the same form in which they were submitted to the jury. The Clerk of Court is respectfully directed to close the motions at Dkt. Nos. 1709, 1762, 1791, 1844, 1854, 1874, 1895, 1904, 1921 and 1941. (Signed by Judge Lorna G. Schofield on 10/25/2022) (mml)
October 24, 2022 Opinion or Order Transmission to Orders and Judgments Clerk. Transmitted re: #2017 Judgment to the Orders and Judgments Clerk..(jcs)
October 24, 2022 Opinion or Order Filing 2017 ORDER FOR JUDGMENT: It is hereby ORDERED that: 1. Judgment is entered in favor of the Credit Suisse Defendants and against Plaintiffs on the Section 1 claims in the Third Consolidated Amended Class Action Complaint. 2. This Court retains jurisdiction over any matter pertaining to this Judgment. (Signed by Judge Lorna G. Schofield on 10/24/2022) (mml)
October 21, 2022 Opinion or Order Filing 2016 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 10/20/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
October 21, 2022 Opinion or Order Filing 2015 TRANSCRIPT of Proceedings re: TRIAL held on 10/20/2022 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Raquel Robles, (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 11/14/2022. Redacted Transcript Deadline set for 11/21/2022. Release of Transcript Restriction set for 1/19/2023..(McGuirk, Kelly)
October 21, 2022 Opinion or Order Filing 2014 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 10/19/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
October 21, 2022 Opinion or Order Filing 2013 TRANSCRIPT of Proceedings re: TRIAL held on 10/19/2022 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Rebecca Forman, (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 11/14/2022. Redacted Transcript Deadline set for 11/21/2022. Release of Transcript Restriction set for 1/19/2023..(McGuirk, Kelly)
October 21, 2022 Opinion or Order Filing 2012 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 10/18/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
October 21, 2022 Opinion or Order Filing 2011 TRANSCRIPT of Proceedings re: TRIAL held on 10/18/2022 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Rebecca Forman, (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 11/14/2022. Redacted Transcript Deadline set for 11/21/2022. Release of Transcript Restriction set for 1/19/2023..(McGuirk, Kelly)
October 21, 2022 Opinion or Order Filing 2010 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 10/17/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
October 21, 2022 Opinion or Order Filing 2009 TRANSCRIPT of Proceedings re: TRIAL held on 10/17/2022 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Raquel Robles, (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 11/14/2022. Redacted Transcript Deadline set for 11/21/2022. Release of Transcript Restriction set for 1/19/2023..(McGuirk, Kelly)
October 21, 2022 Opinion or Order Filing 2008 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 10/14/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
October 21, 2022 Opinion or Order Filing 2007 TRANSCRIPT of Proceedings re: TRIAL held on 10/14/2022 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Rebecca Forman, (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 11/14/2022. Redacted Transcript Deadline set for 11/21/2022. Release of Transcript Restriction set for 1/19/2023..(McGuirk, Kelly)
October 21, 2022 Opinion or Order Filing 2006 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 10/13/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
October 21, 2022 Opinion or Order Filing 2005 TRANSCRIPT of Proceedings re: TRIAL held on 10/13/2022 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Raquel Robles, (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 11/14/2022. Redacted Transcript Deadline set for 11/21/2022. Release of Transcript Restriction set for 1/19/2023..(McGuirk, Kelly)
October 21, 2022 Opinion or Order Filing 2004 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 10/12/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
October 21, 2022 Opinion or Order Filing 2003 TRANSCRIPT of Proceedings re: TRIAL held on 10/12/2022 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Raquel Robles, (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 11/14/2022. Redacted Transcript Deadline set for 11/21/2022. Release of Transcript Restriction set for 1/19/2023..(McGuirk, Kelly)
October 21, 2022 Opinion or Order Filing 2002 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 10/11/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
October 21, 2022 Opinion or Order Filing 2001 TRANSCRIPT of Proceedings re: TRIAL held on 10/11/2022 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Raquel Robles, (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 11/14/2022. Redacted Transcript Deadline set for 11/21/2022. Release of Transcript Restriction set for 1/19/2023..(McGuirk, Kelly)
October 21, 2022 Opinion or Order Filing 2000 OPINION: WHEREAS, on August 26, 2022, Plaintiffs moved to exclude at trial certain proposed testimony of the Credit Suisse Defendants' ("Credit Suisse") experts Michael Melvin, Ph.D., Divya Mathur, Ph.D., Allan W. Kleidon, Ph.D., and Professor Justin McCrary. The parties subsequently resolved Plaintiffs' challenges to Professor McCrary and part of Dr. Kleidon's testimony, discussed at II.D and III of Plaintiffs' memorandum of law, and those portions of Plaintiffs' motion are DENIED as moot. On September 30, 2022, the Court issued a short Order resolving the remainder of Plaintiff' motion and stating that the reasoning for those decisions would be forthcoming in a separate Order (Dkt. No. 1944). The reasons for the Order at Dkt. No. 1944 are below. All references to Rules are to the Federal Rules of Evidence, as further set forth. Plaintiffs' application to preclude Dr. Kleidon's sensitivity analysis of Dr. Singer's regression analysis was granted. Plaintiffs persuasively argued that Dr. Kleidon's sensitivity analysis used an unreliable method and was applied unreliably. Further discussion is unnecessary because Dr. Singer did not offer any regression analysis at trial. Because Defendants elected not to present any of Dr. Kleidon's other opinions that they were permitted to offer, Plaintiffs' application to preclude those opinions is moot. (Signed by Judge Lorna G. Schofield on 10/21/2022) (mml)
October 20, 2022 Opinion or Order Filing 1999 OPINION: For the foregoing reasons, Plaintiffs' motion was granted in part and denied in part with respect to both Dr. Singer and Mr. Robin's testimony. (Signed by Judge Lorna G. Schofield on 10/20/2022) Filed In Associated Cases: 1:13-cv-07789-LGS et al. (ama)
October 20, 2022 Opinion or Order Filing 1998 COURT EXHIBITS. (Attachments: #1 Court Exhibit No. 1 - Jury Selection Handout, #2 Court Exhibit No. 2 - Plaintiffs' Challenges, #3 Court Exhibit No. 3 - Defendants' Challenges, #4 Court Exhibit No. 4 - Proposed Limiting Instruction, #5 Court Exhibit No. 5 - Parties' Uncontested Facts, #6 Court Exhibit No. 6 (A - O) - Witness Testimony Transcripts, #7 Court Exhibit No. 7 - Jury Charge (Annotated), #8 Court Exhibit No. 8 - Jury Charge (Non-Annotated)).(jcs)
October 20, 2022 Opinion or Order Filing 1997 JURY VERDICT..(jcs)
October 20, 2022 Opinion or Order Minute Entry for proceedings held before Judge Lorna G. Schofield: Jury Trial completed on 10/20/2022. Jury deliberations conclude. Jury reached a verdict. Court Reporters Present. See Verdict. (jcs)
October 19, 2022 Opinion or Order Minute Entry for proceedings held before Judge Lorna G. Schofield: Jury Trial held on 10/19/2022. Defendants' 10th Witness: Divya Mathur (continued). All parties rest. Jury Charged-in-part. Plaintiffs' summation held. Defendants' summation held. Plaintiffs' rebuttal summation held. Jury Charge completed. Jury deliberations begin. Court Reporters Present. (jcs)
October 18, 2022 Opinion or Order Minute Entry for proceedings held before Judge Lorna G. Schofield: Jury Trial held on 10/18/2022. Defendants' 8th Witness: Niall Condie. Defendants' 9th Witness: Brian Walker. Defendants' 10th Witness: Divya Mathur. Court Reporters Present. (jcs)
October 18, 2022 Opinion or Order Filing 1996 LETTER addressed to Judge Lorna G. Schofield from Anirudh Bansal dated October 18, 2022 re: single versus multiple jury instruction. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Bansal, Anirudh)
October 17, 2022 Opinion or Order Filing 1995 NOTICE OF CHANGE OF ADDRESS by Solomon B. Cera on behalf of Aureus Currency Fund, L.P.. New Address: Cera LLP, 201 California Street, Suite 1240, San Francisco, California, United States 94111, (415) 777-2230..(Cera, Solomon)
October 17, 2022 Opinion or Order Filing 1994 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 10/17/2022 re: Exclusion of Exhibits DTX2026-2030. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A).(Burke, Christopher)
October 17, 2022 Opinion or Order Filing 1993 LETTER addressed to Judge Lorna G. Schofield from Edward Moss dated October 17, 2022 re: Exhibits. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Moss, Edward)
October 17, 2022 Opinion or Order Filing 1992 ORDER: It is hereby ORDERED that Plaintiffs' application to preclude the testimony of Braden Howarth (Dkt. No. 1984) is DENIED. It is further ORDERED that Defendants direct examination of Mr. Howarth is limited to one hour and to the topics disclosed to the Court on the record today. It is further ORDERED that Plaintiffs shall have one additional hour of trial time in which to present either additional cross-examination or a rebuttal case. (Signed by Judge Lorna G. Schofield on 10/14/2022) (mml)
October 17, 2022 Opinion or Order Filing 1991 MEMO ENDORSEMENT on re: #1990 Letter, filed by Credit Suisse AG, Credit Suisse Securities (USA) LLC, Credit Suisse Group AG. ENDORSEMENT: Plaintiffs' application to preclude testimony from Dr. Kleidon regarding Dr. Singer's regression model is GRANTED. Slides 3, 6, 7, 8 and 9 in Docket No. 1989-1 are precluded. These slides critique a regression analysis about which Dr. Singer did not testify. Any reference to the fact that Dr. Singer performed a regression analysis, that Defendants found fault with it, or that it was precluded in part by the Court, is excluded pursuant to Federal Rule of Evidence 403. The probative value of criticism of Dr. Singer's regression analysis is minimal because that analysis was not presented to the jury. Plaintiffs elected not to offer quantitative evidence of actual effects on spreads, and Defendants have argued and may argue that Plaintiffs' have not done so and that the evidence offered is insufficient to meet Plaintiffs' burden of proof. Defendants may not imply, however, that Plaintiffs were required to show that spreads were widened. The Court intends to instruct the jury in substance that, in order to prove a conspiracy, Plaintiffs are not required to show that the alleged conspiracy was successful or that spreads were actually widened. In light of other evidence and argument available to show that there was no conspiracy, the minimal probative value of criticism of Dr. Singer's regression analysis is substantially outweighed by the risk of confusing the jury and by the unfair prejudice to Plaintiffs from advising the jury, directly or indirectly, that Dr. Singer's analysis was excluded by the Court. Slide 4 is precluded because it suggests an inaccurate or misleading statement of the law: "What matters is that spreads were, in fact, inflated by the Challenged Conduct." Whether spreads were widened is at most one form of circumstantial evidence of a conspiracy, on which Plaintiffs do not rely. The jury will be instructed that actual widening of spreads is not required. Slide 4 and testimony that the impact of the alleged conspiracy on spreads is "what matters" are excluded under Rules 401, 402, 403 and 702. Slide 5 is similarly precluded. It quotes Dr. Singer as stating that his model showing the widening of spreads "speaks to the viability of the conspiracy." To the extent the statement references Dr. Singer's regression analysis, it is precluded under Rule 403 for the reasons stated above. If Defendants have an independent evidentiary basis, they may argue that the alleged conspiracy was not "viable" and therefore unlikely, but Defendants may not imply that "viability" is required in order to prove a conspiracy. So Ordered. (Signed by Judge Lorna G. Schofield on 10/16/2022) (mml)
October 17, 2022 Opinion or Order Minute Entry for proceedings held before Judge Lorna G. Schofield: Jury Trial held on 10/17/2022. Defendants' 4th Witness: Michael Melvin. Defendants' 5th Witness: Ian Drysdale. Defendants' 6th Witness: Braden Howarth. Defendants' 7th Witness: James Witt. Court Reporters Present. (jcs)
October 16, 2022 Opinion or Order Filing 1990 LETTER addressed to Judge Lorna G. Schofield from Edward Moss dated October 16, 2022 re: Response to Plaintiffs' Letter [ECF 1989]. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit A - January 2020 Dr. Singer Merits Report, #2 Exhibit B - August 2020 Dr. Singer Merits Report, #3 Exhibit C - July 2022 Dr. Singer Expert Report, #4 Exhibit D - September 2022 Deposition Transcript, #5 Exhibit E - February 2020 Deposition Transcript, #6 Exhibit F - Plaintiffs' Updated Witness List, #7 Exhibit G - March 2020 Dr. Kleidon Merits Report).(Moss, Edward)
October 15, 2022 Opinion or Order Filing 1989 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 10/15/2022 re: Dr. Kleidon Testimony. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit 1).(Burke, Christopher)
October 14, 2022 Opinion or Order Filing 1988 LETTER addressed to Judge Lorna G. Schofield from Herbert S. Washer dated October 14, 2022 re: Response to Plaintiffs' Letter [ECF 1984]. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
October 14, 2022 Opinion or Order Filing 1987 STIPULATION AND ORDER: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between counsel for the Parties, as follows: No Party shall seek to admit a summary exhibit under FRE 1006; No Party shall call or seek to depose the creator of any FRE 1006 summary exhibits that have been put on any Exhibit List as of October 13, 2022; For the avoidance of doubt no Party shall seek to admit DTX 605 (or any versions of Dr. Singer's Appendix of chats), DTX 1000-1046, PTX 2986 and PTX 2987; All Parties retain their right to create and use any demonstratives based on the documents and testimony in evidence and reserve their rights to object to such demonstratives as contemplated by the Joint Trial Procedures Stipulations; For the avoidance of doubt, neither Party shall seek to admit into evidence DTX1000-1046, PTX 2986 and PTX 2987 as demonstrative exhibits, but the Parties reserve their rights to seek to admit into evidence any other demonstratives. SO ORDERED. (Signed by Judge Lorna G. Schofield on 10/14/2022) (ama)
October 14, 2022 Opinion or Order Minute Entry for proceedings held before Judge Lorna G. Schofield: Jury Trial held on 10/14/2022. Plaintiffs' 8th Witness: Hal Singer. (continued) Defendants' 1st Witness: Steven Yanez. Plaintiffs' 9th Witness: Stuart Dunn. Plaintiffs' 10th Witness: Natalie Williams. Plaintiffs' 11th Witness: Angus Greig. Plaintiffs' 12th Witness: Rohan Ramchandani. Plaintiffs' 13th Witness: Daniel Wise. Plaintiffs' 14th Witness: Edward Pinto. Plaintiffs' 15th Witness: Mitesh Parikh. Plaintiffs' 16th Witness: Joseph Landes. Defendants' 2nd Witness: Andrew Gordon. Defendants' 3rd Witness: Andre Katz. (Court Reporters Present) (jcs)
October 13, 2022 Opinion or Order Filing 1986 LETTER addressed to Judge Lorna G. Schofield from Herbert S. Washer dated October 13, 2022 re: Response to Letter ECF #1983 . Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
October 13, 2022 Opinion or Order Filing 1985 PROPOSED STIPULATION AND ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Hausfeld, Michael)
October 13, 2022 Opinion or Order Filing 1984 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 10/13/2022 re: Howarth. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
October 13, 2022 Opinion or Order Filing 1983 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 10/13/2022 re: Evidentiary issue. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
October 13, 2022 Opinion or Order Minute Entry for proceedings held before Judge Lorna G. Schofield: Jury Trial held on 10/13/2022. Plaintiffs' Fourth Witness: Peter Little (continued). Plaintiffs' Fifth Witness: Jason Katz. Plaintiffs' Sixth Witness: Matthew Gardiner. Plaintiffs' Seventh Witness: Christopher Cummins. Plaintiffs' Eighth Witness: Hal Singer. Court Reporters Present. (jcs)
October 12, 2022 Opinion or Order Filing 1982 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Herbert S. Washer dated October 12, 2022 re: Exhibits. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
October 12, 2022 Opinion or Order Filing 1981 AMENDED STIPULATION AND ORDER: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between counsel for the Parties, as follows: FIFTH AMENDMENT TESTIMONY 1. At the conclusion of the testimony of Daniel Wise, Mitesh Parikh, Edward Pinto, Rohan Ramchandani, and Joseph Landes, the Parties agree that Plaintiffs may read the following paragraph to the jury: The following 21 FX traders asserted their Fifth Amendment rights under the United States Constitution and refused to testify about FX trading conduct during the Class Period, including multibank chats involving FX traders from competitor banks where bidask spreads were discussed. Plaintiffs will then read the names the 21 traders (identified on Attachment A) and the bank or banks at which they worked during the Class Period. 2. All other aspects of the original stipulation in ECF No. 1947 continue to apply. SO ORDERED. (Signed by Judge Lorna G. Schofield on 10/12/2022) (mml)
October 12, 2022 Opinion or Order Filing 1980 AMENDED STIPULATION OF FACTS: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between counsel for the Parties, as follows: 9. Plaintiff Oklahoma Firefighters Pension and Retirement System and Plaintiff Board of Pensions and Retirement, Employees' Retirement System of the Government of the Virgin Islands traded with Credit Suisse and one or more of the other 15 alleged co- conspirators. 10. There were 1,491 trading days during the Class Period. SO ORDERED. (Signed by Judge Lorna G. Schofield on 10/12/2022) (va)
October 12, 2022 Opinion or Order Minute Entry for proceedings held before Judge Lorna G. Schofield: Jury Trial held on 10/12/2022. Plaintiffs' First Witness: Eric Robin. Plaintiffs' Second Witness: Jamie Lawes. Plaintiffs' Third Witness: Christopher Hatton. Plaintiffs' Fourth Witness: Peter Little. Court Reporters Present. (jcs)
October 11, 2022 Opinion or Order Filing 1979 JOINT LETTER addressed to Judge Lorna G. Schofield from Herbert S. Washer dated October 11, 2022 re: Exhibits. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
October 11, 2022 Opinion or Order Filing 1978 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/3/2022 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: 1:13-cv-07789-LGS et al..(McGuirk, Kelly)
October 11, 2022 Opinion or Order Filing 1977 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/3/2022 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Lisa Picciano Franko, (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 11/1/2022. Redacted Transcript Deadline set for 11/14/2022. Release of Transcript Restriction set for 1/9/2023.Filed In Associated Cases: 1:13-cv-07789-LGS et al..(McGuirk, Kelly)
October 11, 2022 Opinion or Order Filing 1976 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/19/2022 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: 1:13-cv-07789-LGS et al..(McGuirk, Kelly)
October 11, 2022 Opinion or Order Filing 1975 TRANSCRIPT of Proceedings re: CONFERNECE held on 9/19/2022 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Khristine Sellin, (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 11/1/2022. Redacted Transcript Deadline set for 11/14/2022. Release of Transcript Restriction set for 1/9/2023.Filed In Associated Cases: 1:13-cv-07789-LGS et al..(McGuirk, Kelly)
October 11, 2022 Opinion or Order Filing 1974 ORDER: In general, portions of the documents at issue that provide context should not be redacted. References to any monetary penalties actually paid should be redacted. Defendants challenges to Plaintiffs' redactions regarding specific conduct not at issue in this case are denied. In plea allocution transcripts, fragments of colloquy that are unrelated to the substance for which the transcript is offered should be redacted. If any party wishes for the Court to give a limiting instruction, including those that the Court has previously agreed to give, the parties shall confer and jointly propose an instruction, showing any language on which they disagree during a break in advance of the Court's delivering the instruction. The requesting party shall request the instruction during trial when it is to be delivered. (Signed by Judge Lorna G. Schofield on 10/10/2022) (ama)
October 11, 2022 Opinion or Order Filing 1973 ORDER: denying #1960 Letter Motion to Continue. It is unfortunate that defense counsel has tested positive for COVID, but the circumstances warrant proceedingwith the trial as scheduled. This case has been pending since 2013, and the Court's next available trial date is in the second quarter of 2023. Defense counsel's firm has six lawyers designated to try the case and ample additional resources. Counsel who is ill is responsible for only four of the twelve-to-fourteen live witnesses. Great effort and expense would have to be duplicated to prepare anew for trial in several months, even assuming the availability of lawyers and witnesses. For all of these reasons, the application is DENIED.. (Signed by Judge Lorna G. Schofield on 10/10/2022) (ama)
October 11, 2022 Opinion or Order Filing 1972 MEMO ENDORSEMENT: on re: #1962 Letter filed by Credit Suisse AG, Credit Suisse Securities (USA) LLC, Credit Suisse Group AG. ENDORSEMENT: Plaintiffs' application to preclude is GRANTED with respect to DTX 1032 through 1041 because a summary "must be 'based upon and fairly represent competent evidence already before the jury.'" Fagiola v. Nat'l Gypsum Co. AC & S., Inc., 906 F.2d 53, 57 (2d Cir. 1990); United States v. Ray, No. 20 Crim. 110, 2022 WL 558146, at *21 (S.D.N.Y. Feb. 24, 2022). Whether or not Dr. Singer's Appendix might be admissible under an exception to the hearsay rule, it is not "already before the jury" since Defendants have not sought to admit it. Plaintiffs' application to preclude is GRANTED with respect to DTX 1046 because it will be misleading to the jury given the distorted scale on the y-axis and the apparently arbitrary choice of time-period on the x-axis. Plaintiffs' application to preclude is DENIED with respect to DTX 1041 through 1045, which "fairly represent" the chat evidence to be admitted on Plaintiffs' exhibit list. Id. Plaintiffs argue that the chats it will offer are not intended to be exhaustive, but as the Court has already ruled, both sides can argue to the jury what inferences should be drawn about chats not in evidence. Any risk of juror confusion over whether a "magicnumber" of chats or co-conspirators in chats is required to prove a conspiracy can be addressed with jury instructions (which the parties must request). There is no requirement that the documents underlying a summary be "complete nor randomly selected." Id.; accord United States v. Miller, 954 F.3d 551, 565 (2d Cir. 2020), cert. denied sub nom. Mack v. United States, 210 L. Ed. 2d 934, 141 S. Ct. 2806 (2021). That Defendants have performed simple arithmetic to summarize the evidence does not render the summaries impermissibly argumentative. See Fagiola, 906 F.3d at 58 ("[A] quintessential summary[ is] used to facilitate the jury's deliberations and to avoid forcing the jury to examine boxes of documents in order to make simple calculations."). Nor does that kind of operation render these summaries impermissible expert testimony because they did not require "scientific, technical, or other specialized knowledge." United States v. Lebedev, 932 F.3d 40, 50 (2d Cir. 2019) (distinguishing summary testimony from expert testimony). Defendants made available the original documents underlying the summaries. Fed. R. Evid. 1006. Defendants disclosed the bases for the summaries sufficiently in advance of trial, given that the source is Plaintiffs' own exhibit list. Defendants' missing the deadline imposed by the Court's Order is excusable because Defendantwas responding to late changes in Plaintiffs' presentation. In light of their representations about her anticipated testimony, Defendants' choice of witness is not improper for substantially the reasons stated by Defendants above. (Signed by Judge Lorna G. Schofield on 10/10/2022) (ama)
October 11, 2022 Opinion or Order Filing 1971 MEMO ENDORSEMENT: on re: #1964 Letter filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, Casey Sterk, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller. ENDORSEMENT: Application DENIED in part and GRANTED in part. To the extent that Defendants have previously designated deposition testimony, for which objections were solicited and provided by Plaintiff, any portion not objected to may be played during Defendants' opening statement. Any other deposition testimony (i.e., not previously designated, or no clear waiver by Plaintiffs of any objection) may not be presented during Defendants' opening statement. (Signed by Judge Lorna G. Schofield on 10/10/2022) (ama)
October 11, 2022 Opinion or Order Filing 1970 MEMO ENDORSEMENT: on re: #1963 Letter filed by Credit Suisse AG, Credit Suisse Securities (USA) LLC, Credit Suisse Group AG. ENDORSEMENT: Defendant's Objection to Plaintiff's Slide 76 is OVERRULED. Plaintiffs are free to say intheir opening statement what they expect the evidence will show, and in summation may argue why the jury may infer that the evidentiary chats are examples. Defendants are free to say in their opening statement or summation that Plaintiffs have overpromised or misstated. (Signed by Judge Lorna G. Schofield on 10/10/2022) (ama)
October 11, 2022 Opinion or Order Filing 1969 ORDER: denying #1959 Motion in Limine. Credit Suisse's application is DENIED. Testimony on the topic at issue is fairly within the scope of Mr. Robin'spreviously disclosed opinions for substantially the reasons stated below by Plaintiffs. (Signed by Judge Lorna G. Schofield on 10/10/2022) (ama)
October 11, 2022 Opinion or Order Filing 1968 ORDER: granting #1957 Letter Motion for Discovery. The Court previously held that evidence of closing or prohibiting chat rooms or barring the sharing ofspreads is inadmissible to prove culpable conduct under Rule 407 as subsequent remedial measures. The Court also held that such evidence could be admissible if offered for "impeachment" as contemplated by Rule 407. Credit Suisse seeks a ruling that its intended argument -- that "spread discussions served legitimate business purposes" and not conspiratorial agreement to widen spreads -- will not open the door to such impeachment evidence. The application is GRANTED. Evidence of subsequent measures closing or prohibiting chat rooms is precluded under Rule 407 as this evidence is too attenuated to warrant admission to impeach the Credit Suisse argument that spread discussions served legitimate business purposes. Evidence of subsequent measures prohibiting specifically the sharing of spreads, while potentially admissible as impeachment evidence under Rule 407, see Pitasi v. Stratton Corp., 968 F.2d 1558 (2d Cir. 1992), is precluded under Rule 403. Particularly in light of the Court's recent rulings concerning evidence of long-standing bank policies against spread-sharing, the incremental probative value of this subsequent remedial-measure evidence is minimal, since plaintiffs have abundant other evidence to achieve the same end. That limited probative value is substantially outweighed by the risk of prejudice, confusing the jury and wasting time. The unspoken inference or even an explicit instruction that the evidence may not be considered to prove "culpable conduct" but may be considered "for impeachment" under Rule 407, may be too fine a distinction for a jury to make, resulting in confusion and prejudice to Credit Suisse. In addition, if the evidence were admitted, Credit Suisse would be forced to provide evidence of alternative explanations leading to wasted time on ancillary issues. Cf. id. at 1561 (Because Pitasi was unable to introduce theremedial measures into evidence, it was impossible for him to rebut defendant's argument.... The probative value of this evidence clearly outweighed its prejudicial effect....). (Signed by Judge Lorna G. Schofield on 10/08/2022) (ama)
October 11, 2022 Opinion or Order Filing 1967 MEMO ENDORSEMENT: on re: #1955 Letter filed by Credit Suisse AG, Credit Suisse Securities (USA) LLC, Credit Suisse Group AG. ENDORSEMENT: PTX 64 is admissible as redacted in Exhibit 1 to the parties' joint letter at Dkt. No. 1955. Nothing in the chat suggests that the trader was stating a new policy rather than an old one that he had discussed with lawyers or compliance personnel. The statement in the chat about banks "scanning chats now for evidence of information sharing" indicates that restrictions on information sharing were longstanding, though banks had stepped up enforcement. Plaintiffs shall redact the clauses that reference banks starting to scan chats and the trader's meeting with lawyers and compliance, as those passages indicate that the bank took subsequent remedial measures by increasing enforcement of or training on its existing policy. The remainder of the document, which discusses an apparently long-standing policy and not a subsequent remedial measure, is admissible. PTX 751 is excluded under Rule 407 because the statement that the trader could not share spreads "anymore" strongly suggests a subsequent remedial measure. Plaintiffs represent that that trader is referring to the samelong-standing policy as in PTX 64, but that is not clear from the chat itself.PTX 976 is excluded under Rule 407 because the limited portion Plaintiffs seek to introduce, beginning with "we are OK," appears to references changes in the way chatrooms can be used, which is a subsequent remedial measure. PTX 2508 is admissible. The Bank of America trader's reference to learning of the rule against sharing spreads in a "meeting" does not imply the rule is new, only at most that it was newly known or reinforced to that trader. The fact that the CS trader shares a spread immediately after being told not to do so is an example of spread-sharing continuing after the purported remedial measures were implemented. Defendants' point is well-taken that this chat may have occurred "subsequent" to wrongdoing by the BoA trader. But that this conduct was prohibited while members of the alleged conspiracy continued to engage in it is highly probative and not subject to Rule 407. PTX 2686 is excluded under Rule 407 because it discusses potential future subsequent remedial measures, including new policies and closing chatrooms. SO ORDERED. (Signed by Judge Lorna G. Schofield on 10/07/2022) (ama)
October 11, 2022 Opinion or Order Minute Entry for proceedings held before Judge Lorna G. Schofield: Jury Trial begun on 10/11/2022. Jury Selection Held. Plaintiffs' Opening Statements held. Defendants' Opening Statements held. Court Reporters Present. (Court Reporter Present) (jcs) Modified on 10/14/2022 (jcs).
October 10, 2022 Opinion or Order Filing 1966 PROPOSED STIPULATION AND ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
October 10, 2022 Opinion or Order Filing 1965 PROPOSED STIPULATION AND ORDER. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Hall, Jason)
October 10, 2022 Opinion or Order Filing 1964 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 10/10/2022 re: Plaintiffs' Objection to CS Opening Statement. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
October 10, 2022 Opinion or Order Filing 1963 LETTER addressed to Judge Lorna G. Schofield from Jason M. Hall dated October 10, 2022 re: Objections to a portion of Plaintiffs' slide deck. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit A - Slide 76).(Hall, Jason)
October 10, 2022 Opinion or Order Filing 1962 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Herbert S. Washer dated October 10, 2022 re: Admissibility of 1006 Summary Exhibits. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
October 10, 2022 Opinion or Order Filing 1961 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 10/10/2022 re: Defense request for adjournment. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
October 9, 2022 Opinion or Order Filing 1960 LETTER MOTION to Continue ; Letter Motion to Adjourn Trial addressed to Judge Lorna G. Schofield from Anirudh Bansal dated October 9, 2022. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Bansal, Anirudh)
October 9, 2022 Opinion or Order Filing 1959 JOINT MOTION in Limine Regarding Certain Offered Expert Testimony. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit A: Excerpt from Eric Robin's Report).(Hall, Jason)
October 9, 2022 Opinion or Order Filing 1958 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Anirudh Bansal dated 10/09/2022 re: redactions to exhibits relating to criminal materials and Barclays NYDFS consent order. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Hausfeld, Michael)
October 7, 2022 Opinion or Order Filing 1957 JOINT LETTER MOTION for Discovery ; Request for Clarification of the Court's October 3, 2022 Order Regarding the Use of Impeachment Evidence (ECF No. 1946) addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Jason M. Hall dated October 7, 2022. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Hall, Jason)
October 7, 2022 Opinion or Order Filing 1956 ORDER AUTHORIZING PAYMENTS FOR SETTLEMENT ADMINISTRATION EXPENSES FROM SETTLEMENT FUNDS: NOW, THEREFORE, IT IS HEREBY ORDERED: 1. All terms in initial capitalization used in this Order shall have the same meanings as set forth in the Settlement Agreements and the Preliminary Approval Orders, unless otherwise defined herein. 2. The Court authorizes Class Counsel to pay up to an additional $3,000,000 (for a total of $42,500,000) from the settlement funds for reasonable Settlement Administration Expenses. 3. Any such expenses in excess of $42,500,000 may be paid from the settlement funds only with the approval of the Court. IT IS SO ORDERED. (Signed by Judge Lorna G. Schofield on 10/7/2022) (mml)
October 7, 2022 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #1954 Proposed Order was reviewed and approved as to form. (km)
October 6, 2022 Opinion or Order Filing 1955 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Jason M. Hall dated October 6, 2022 re: Admissibility of Chats Subject to the Court's Oct. 3, 2022 Order. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit 1: PTX 64 - Plaintiffs' Proposed Redactions).(Hall, Jason)
October 6, 2022 Opinion or Order Filing 1954 PROPOSED ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. Related Document Number: #1953 ..(Burke, Christopher) Proposed Order to be reviewed by Clerk's Office staff.
October 6, 2022 Opinion or Order Filing 1953 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated October 6, 2022 re: Authorization to Pay Claims Administrator. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A - Settlement Administration Expenses Paid and Incurred to Date).(Burke, Christopher)
October 5, 2022 Opinion or Order Filing 1952 ORDER granting #1939 Motion for Gary D. Foster to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
October 4, 2022 Opinion or Order Filing 1951 ORDER APPROVING THE FOURTH DISTRIBUTION OF THE SETTLEMENT FUND granting #1935 Motion to Approve. NOW, THEREFORE, IT IS HEREBY ORDERED THAT: 1. This Order incorporates by reference the definitions in the Stipulations and Agreements of Settlement filed in this Action (ECF No. 481, Exs. 1-9; ECF No. 822, Exs. 1-5; ECF No. 877, Ex. 1) (the "Settlements"), and all capitalized terms, unless otherwise defined herein, shall have the same meanings as set forth in the Settlements or the Marr Declaration. 2. The Court has jurisdiction over the subject matter of the Action and over all the parties to the Action, including all Settlement Class Members. 3. Plaintiffs' plan for the fourth distribution of the Settlement Fund to Authorized Claimants is APPROVED. Accordingly, a. The administrative recommendations of the Court-appointed Claims Administrator, Epiq Systems, Inc. ("Epiq"), to accept or accept in part the Authorized Claims set forth in Exhibits 1, 2, and 3 to the Marr Declaration are approved. b. Epiq shall conduct a "Fourth Distribution" of the Net Settlement Fund as follows: i. Authorized Claimants listed in Exhibit 1 to the Marr Declaration shall be paid $15. These Authorized Claimants will receive no additional funds in any subsequent distributions. ii. Authorized Claimants listed in Exhibit 2 to the Marr Declaration shall be paid $150. These Authorized Claimants will receive no additional funds in any subsequent distributions. iii. Authorized Claimants listed in Exhibit 3 to the Marr Declaration shall be paid their respective pro rata shares, subject to a 40% holdback on all claims exceeding $150, which will be held in reserve (the "Reserve") until the participation rate by volume and amount of the Net Settlement Fund are determined. The Reserve may also be used to address any contingencies that may arise after the distribution with respect to claims (including any appeals) and/or to pay for any Court-authorized future fees or expenses incurred in connection with administering the Settlements. To the extent the Reserve is not depleted, the remainder will be distributed in a subsequent distribution(s) to Authorized Claimants receiving pro rata payments. c. Epiq shall distribute payments to Authorized Claimants entitled to a de minimis payment ($15), automatic payment ($150), and a single pro rata payment below $1,000 (i.e., not part of a bulk submission or multiple payments going to a single filer) by check; Epiq shall distribute payments to Authorized Claimants entitled to pro rata payments of $1,000 or more in the form of check or wire. Authorized Claimants who provide deficient wire instructions shall receive a check. d. In order to encourage Authorized Claimants to promptly deposit their distribution checks, and to avoid or reduce future expenses relating to unpaid distribution checks, all distribution checks will bear a notation "CASH PROMPTLY; VOID AND SUBJECT TO RE-DISTRIBUTION IF NOT NEGOTIATED BY [DATE 90 DAYS AFTER ISSUE DATE]." e. Authorized Claimants who do not negotiate their funds within the time allotted will be presumed to forfeit any recovery for their respective Claim Forms from the Settlement Fund. Any forfeited recoveries will become available for re-distribution as part of subsequent distribution(s), and Authorized Claimants who do not negotiate their funds will not be eligible to participate in any subsequent distribution(s). 4. This Court retains jurisdiction to consider any further applications concerning the administration of the Settlements, and such other further relief as this Court deems appropriate. IT IS SO ORDERED. (Signed by Judge Lorna G. Schofield on 10/4/2022) (mml)
October 3, 2022 Opinion or Order Minute Entry for proceedings held before Judge Lorna G. Schofield: Final Pretrial Conference held on 10/3/2022. (Court Reporter Present) (jcs)
October 3, 2022 Opinion or Order Filing 1950 LETTER addressed to Judge Lorna G. Schofield from Anirudh Bansal dated October 3, 2022 re: Individuals to be Introduced to the Venire During Jury Selection. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Bansal, Anirudh)
October 3, 2022 Opinion or Order Filing 1949 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 10/3/2022 re: List of names for trial. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
October 3, 2022 Opinion or Order Filing 1948 STIPULATION AND ORDER: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between counsel for the Parties, as follows: 1. Neither Party will call Oklahoma Firefighters and/or Virgin Islands (or any other named Plaintiff) as witnesses at trial; and 2. That Oklahoma Firefighters and Virgin Islands traded FX during the Class Period with Credit Suisse and one or more of the other 15 settling Defendants is an undisputed fact that will be presented to the jury before trial. SO ORDERED. (Signed by Judge Lorna G. Schofield on 10/3/2022) (mml)
October 3, 2022 Opinion or Order Filing 1947 STIPULATION AND ORDER NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between counsel for the Parties, as follows: FIFTH AMENDMENT TESTIMONY 1. Plaintiffs shall be allowed to use up to, but no more than, 70 minutes of their allotted trial time to present Fifth Amendment testimony; 2. Plaintiffs must present their Fifth Amendment testimony in one continuous block of time; 3. Plaintiffs may choose to present their single block of Fifth Amendment testimony at any point in their case-in-chief and such block may start at the end of one trial day and continue until the next; 4. Plaintiffs shall be allowed to present testimony from Daniel Wise, Mitesh Parikh, Edward Pinto, Rohan Ramchandani, and Joseph Landes; 5. Plaintiffs shall be allowed to call Mr. Landes live, or in the event that he is unavailable, by video deposition designation; 6. Plaintiffs shall call the remaining four witness by video deposition testimony, which shall be provided to the Credit Suisse Defendants in accordance with the Court's order on deposition designations; 7. Credit Suisse reserves all rights to object to specific questions of each witness in accordance with the Courts order on deposition designation or at trial in the case of the live witness; and 8. At the conclusion of the testimony of the five aforementioned witnesses, the Parties agree that Plaintiffs may read the following paragraph to the jury: The following 21 FX traders asserted their Fifth Amendment rights under the United States Constitution and refused to testify about their conduct as FX traders during the Class Period, including their participation in multibank chats with FX traders from competitor banks where bid-ask spreads were discussed. Plaintiffs will then read the names of the 21 traders (identified on Attachment A) and the bank or banks at which they worked during the Class Period. SO ORDERED. (Signed by Judge Lorna G. Schofield on 9/22/2022) (jca)
October 3, 2022 Opinion or Order Filing 1946 MEMO ENDORSEMENT on re: 1942 Letter. ENDORSEMENT: References in chats to policies against the sharing of spreads among competitors are, for the most part, admissible for many of the same reasons that Defendants' Seventh Motion in Limine was denied in part. See Dkt. No. 1880. Chats that reference existing (not subsequent remedial) policies against information-sharing among competitors, which traders were informed prohibited sharing spreads, are admissible. Other chats that reference new or pre-existing policies and discuss continuing to share spreads despite those policies are admissible; even if some policies constitute remedial measures, they were not implemented "subsequent" to the ongoing conduct of defying or circumventing those policies. References to policy changes that prohibit spread discussions -- and do not reference ongoing efforts to circumvent those policies -- are excluded under Rule 407. References to the closure or prohibition of interbank chatrooms are excluded under Rule 407, because those policies were implemented subsequent to most of the alleged misconduct. Excluded references to policy changes and chatroom closures may become admissible for "impeachment" if Defendants open the door. Fed. R. Evid. 407; see Pitasi v. Stratton Corp., 968 F.2d 1558, 1560-1561 (2d Cir. 1992) ("[T]estimony concerning subsequent remedial measures is... admissible to rebut a defense...."); Hirsch v. Citibank, N.A., No. 12 Civ. 1124, 2014 WL 2745187, *16 n.21 (S.D.N.Y. June 10, 2014); see generally 2 Weinstein's Federal Evidence 407.07 (2021). For example, if Defendants offer evidence that the sharing of spreads was a routine or legitimate practice among FX dealers, such testimony could be impeached by evidence that the practice later was banned. Or if Defendants offer evidence that the sharing of information in chatrooms was undertaken for the benefit of customers rather than for the benefit of the participants, such testimony could be impeached by evidence that traders believed closing chatrooms would harm profitability and attempted to find workarounds. The parties shall meet and confer in an effort to agree on which chats are admissible, subject to redaction, or excluded based on the guidance above. The parties shall raise any outstanding disputes by October 6, 2022. If during trial Plaintiffs believe Defendants have opened the door, Plaintiffs shall seek a ruling from the Court before or after the trial day or during a break, when the jury is not present, on whether otherwise inadmissible evidence can be offered for impeachment. So Ordered. (Signed by Judge Lorna G. Schofield on 10/3/2022) (mml)
October 1, 2022 Opinion or Order Filing 1945 PROPOSED STIPULATION AND ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
September 30, 2022 Opinion or Order Filing 1944 ORDER granting in part and denying in part #1846 Motion in Limine; granting in part and denying in part #1855 Motion re: #1846 MOTION in Limine to Exclude Credit Suisses Proposed Expert Opinions, #1855 MOTION to Exclude Plaintiffs' Proposed Expert Opinions . It is hereby ORDERED that Plaintiffs motion to exclude Professor McCrary's testimony and part of Dr. Kleidons testimony, discussed at II.D and III of Plaintiffs' memorandum of law, are DENIED as moot in light of the parties' resolution of those challenges. It is further ORDERED that Defendants' motion is GRANTED only to the following extent and otherwise is DENIED: Dr. Singer shall not interpret chats or opine on whether specific chats involve the sharing of price information among competitors, nor shall Dr. Singer read excessive numbers of chats into the record. Neither Dr. Singer nor Mr. Robin shall opine about guilty pleas or regulatory settlements. Dr. Singer shall not opine that the Conduct coefficient produced by his regression analysis measures the average difference in spreads between the entire conspiracy period and the post-conspiracy period he analyzed. Dr. Singer may, however, opine that his analysis measures the average difference in spreads between the second half of 2013 (the last six months of the alleged conspiracy period) and the first half of 2014. Counsel may argue whatever reasonable inferences may be drawn from such opinion. The parties may not directly or indirectly reference the Court's ruling as the reason for Dr. Singer's opinion being revised to comply with this Order. It is further ORDERED that Plaintiffs' motion is DENIED, except that Dr. Kleidon shall not opine on the sensitivity of Dr. Singer's regression model to the inclusion of an additional control variable for implied FX volatility. A short opinion explaining the foregoing rulings will be issued. The Clerk of Court is respectfully directed to close the motions at Docket Numbers 1846 and 1855. (Signed by Judge Lorna G. Schofield on 9/30/2022) (mml) Modified on 9/30/2022 (mml).
September 30, 2022 Opinion or Order Filing 1943 LETTER addressed to Judge Lorna G. Schofield from Michael D. Hausfeld and Christopher M. Burke dated 09/30/2022 re: Jury Instruction. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Hausfeld, Michael)
September 30, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #1939 MOTION for Gary D. Foster to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26748359. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
September 29, 2022 Opinion or Order Filing 1942 ***SELECTED PARTIES***JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld and Herbert S. Washer dated September 29, 2022 re: Parties Respective Submissions as to Remaining 10 Exhibits Subject to Objections. Document filed by Credit Suisse Group AG, Haverhill Retirement System, Credit Suisse AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit 1A, #2 Exhibit 1B, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20)Motion or Order to File Under Seal: #1941 .(Burke, Christopher)
September 29, 2022 Opinion or Order Filing 1941 JOINT LETTER MOTION to Seal Portions of their Joint Letter regarding Parties Respective Submissions as to Remaining 10 Exhibits Subject to Objections addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld and Herbert S. Washer dated September 29, 2022. Document filed by Haverhill Retirement System. (Attachments: #1 Appendix A, #2 Appendix B).(Burke, Christopher)
September 29, 2022 Opinion or Order Filing 1940 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld and Herbert S. Washer dated September 29, 2022 re: Parties Respective Submissions as to Remaining 10 Exhibits Subject to Objections. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit 1A, #2 Exhibit 1B, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20).(Burke, Christopher)
September 29, 2022 Opinion or Order Filing 1939 MOTION for Gary D. Foster to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26748359. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System. (Attachments: #1 Exhibit 1 - Certificate of good standing, #2 Affidavit /Declaration, #3 Text of Proposed Order re PHV).(Foster, Gary)
September 28, 2022 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #1938 Proposed Order was reviewed and approved as to form. (nb)
September 27, 2022 Opinion or Order Filing 1938 PROPOSED ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. Related Document Number: #1935 ..(Burke, Christopher) Proposed Order to be reviewed by Clerk's Office staff.
September 27, 2022 Opinion or Order Filing 1937 DECLARATION of Charles Marr in Support re: #1935 MOTION to Approve Fourth Distribution of Settlement Fund .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
September 27, 2022 Opinion or Order Filing 1936 MEMORANDUM OF LAW in Support re: #1935 MOTION to Approve Fourth Distribution of Settlement Fund . . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
September 27, 2022 Opinion or Order Filing 1935 MOTION to Approve Fourth Distribution of Settlement Fund . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
September 22, 2022 Opinion or Order Filing 1934 STIPULATION AND ORDER: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between counsel for the Parties, as follows: FIFTH AMENDMENT TESTIMONY 1. Plaintiffs shall be allowed to use up to, but no more than, 70 minutes of their allotted trial time to present Fifth Amendment testimony; 2. Plaintiffs must present their Fifth Amendment testimony in one continuous block of time; 3. Plaintiffs may choose to present their single block of Fifth Amendment testimony at any point in their case-in-chief and such block may start at the end of one trial day and continue until the next, as further set forth herein. (Signed by Judge Lorna G. Schofield on 9/22/2022) (mml)
September 22, 2022 Opinion or Order Filing 1933 MEMO ENDORSEMENT on MOTION TO WITHDRAW granting #1928 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. The Clerk of Court is respectfully directed to terminate Robert L. King's receipt of ECF notifications.. (Signed by Judge Lorna G. Schofield on 9/22/2022) Attorney Robert L. King terminated (ks)
September 22, 2022 Opinion or Order Filing 1932 MEMO ENDORSEMENT on MOTION TO WITHDRAW granting #1928 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. The Clerk of Court is respectfully directed to terminate Robert L. King's receipt of ECF notifications.. (Signed by Judge Lorna G. Schofield on 9/22/2022) Attorney Robert L. King terminated (ks)
September 22, 2022 Opinion or Order Filing 1931 MEMO ENDORSEMENT on MOTION TO WITHDRAW granting #1928 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. The Clerk of Court is respectfully directed to terminate Robert L. King's receipt of ECF notifications.. (Signed by Judge Lorna G. Schofield on 9/22/2022) Attorney Robert L. King terminated (ks)
September 22, 2022 Opinion or Order Filing 1930 ORDER denying #1892 Motion for Reconsideration re #1892 MOTION for Reconsideration re; #1872 Memorandum & Opinion,,,,,,,,,,,,,,, Motion for Reconsideration in Part of the Court's Order on Defendants' Motion in Limine No. 3. filed by Credit Suisse AG, Credit Suisse Securities (USA) LLC, Credit Suisse Group AG. It is hereby ORDERED that Defendants' motion for reconsideration at Dkt. No. 1892 is DENIED.. (Signed by Judge Lorna G. Schofield on 9/22/2022) (ks)
September 22, 2022 Opinion or Order Filing 1929 PROPOSED STIPULATION AND ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
September 21, 2022 Opinion or Order Filing 1928 MOTION for Robert L. King to Withdraw as Attorney for Plaintiff Haverhill Retirement System. Document filed by Haverhill Retirement System..(King, Robert)
September 21, 2022 Opinion or Order Filing 1927 NOTICE OF APPEARANCE by Reena A. Gambhir on behalf of Haverhill Retirement System..(Gambhir, Reena)
September 21, 2022 Opinion or Order Filing 1926 NOTICE OF APPEARANCE by Jose Roman Lavergne on behalf of Haverhill Retirement System..(Lavergne, Jose)
September 21, 2022 Opinion or Order Filing 1925 NOTICE OF APPEARANCE by Ian J Engdahl on behalf of Haverhill Retirement System..(Engdahl, Ian)
September 21, 2022 Opinion or Order Filing 1924 NOTICE OF APPEARANCE by Timothy S. Kearns on behalf of Haverhill Retirement System..(Kearns, Timothy)
September 20, 2022 Opinion or Order Filing 1923 ***SELECTED PARTIES***DECLARATION of Christopher M. Burke in Opposition re: #1892 MOTION for Reconsideration re; #1872 Memorandum & Opinion,,,,,,,,,,,,,,, Motion for Reconsideration in Part of the Court's Order on Defendants' Motion in Limine No. 3.. Document filed by Michael J. Smith, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Michael Melissinos, Oklahoma Firefighters Pension and Retirement System, Izee Trading Company, J. Paul Antonello, Value Recovery Fund LLC, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, State-Boston Retirement System, Casey Sterk, Employees' Retirement System of Puerto Rico Electric Power Authority, Peter Rives, Tiberius OC Fund, Ltd., Robert Miller, Haverhill Retirement System, John Kerstein, Thomas Gramatis, Mark Miller, Marc G. Frederighi, Aureus Currency Fund, L.P., Richard Preschern dba Preschern Trading, Doug Harvey, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Systrax Corporation, Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit 1 - Excerpts of July 19, 2019 Deposition Transcript of Trader [Filed Under Seal], #2 Exhibit 2- Excerpts of Trader Chat, BARC-FX- CIV_00048598-8606 (Trader Deposition Exhibit 13) [Filed Under Seal], #3 Exhibit 3 - Excerpts of Trader Chat, UBS ZINC CIV 000097095-7118 (Trader Deposition Exhibit 15) [Filed Under Seal], #4 Exhibit 4 - Excerpts of Trader Chat, BARC-FX-CIV 00203215-3225 (Trader Deposition Exhibit 7) [Filed Under Seal], #5 Exhibit 5 - Excerpts of Trader Chat, CITI-FX-CIVIL_00167036-7049 (Trader Deposition Exhibit 7) [Filed Under Seal], #6 Exhibit 6 - Trader Chat, GS-FX-CIVIL-02375942-5944 (Trader Deposition Exhibit 8) [Filed Under Seal], #7 Exhibit 7 - Trader Chat, CITI-FX-CIVIL_00573406-3407 (Trader Deposition Exhibit 9) [Filed Under Seal], #8 Exhibit 8 - Trader Chat, Transcription of Citi-FX-CIVIL-Audio_00003325.wav (Trader Deposition Exhibit 10T) [Filed Under Seal], #9 Exhibit 9 - Excerpts of Trader Chat, HBEU- FXLITIG- 00030309-0312 (Trader Deposition Exhibit 37) [Filed Under Seal], #10 Exhibit 10 - Excerpts of Trader Chat, BARC-FX-CIV_00461078-1092 [Filed Under Seal], #11 Exhibit 11 - Excerpts of Trader Chat, CS-FXLIT-12004325-4349 [Filed Under Seal])Motion or Order to File Under Seal: #1921 .(Burke, Christopher)
September 20, 2022 Opinion or Order Filing 1922 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #1892 MOTION for Reconsideration re; #1872 Memorandum & Opinion,,,,,,,,,,,,,,, Motion for Reconsideration in Part of the Court's Order on Defendants' Motion in Limine No. 3. . Document filed by Michael J. Smith, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Michael Melissinos, Oklahoma Firefighters Pension and Retirement System, Izee Trading Company, J. Paul Antonello, Value Recovery Fund LLC, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, State-Boston Retirement System, Casey Sterk, Employees' Retirement System of Puerto Rico Electric Power Authority, Peter Rives, Tiberius OC Fund, Ltd., Robert Miller, Haverhill Retirement System, John Kerstein, Thomas Gramatis, Mark Miller, Marc G. Frederighi, Aureus Currency Fund, L.P., Richard Preschern dba Preschern Trading, Doug Harvey, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Systrax Corporation, Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. Motion or Order to File Under Seal: #1921 .(Burke, Christopher)
September 20, 2022 Opinion or Order Filing 1921 LETTER MOTION to Seal Portions of their Papers in Support of Plaintiffs' Memorandum of Law in Opposition to Credit Suisse's Motion for Reconsideration in Part of the Court's Order on Defendants' Motion in Limine No. 3 addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated September 20, 2022. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Appendix A -List of Materials that Plaintiffs Propose to File in Redacted Form, #2 Appendix B - List of Parties and Attorneys of Record Who Should Have Access to the Redacted or Sealed Documents).(Burke, Christopher)
September 20, 2022 Opinion or Order Filing 1920 DECLARATION of Christopher M. Burke in Opposition re: #1892 MOTION for Reconsideration re; #1872 Memorandum & Opinion,,,,,,,,,,,,,,, Motion for Reconsideration in Part of the Court's Order on Defendants' Motion in Limine No. 3.. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit 1- Excerpts of July 19, 2019 Deposition Transcript of Trader [Redacted], #2 Exhibit 2 - Excerpts of Trader Chat, BARC-FX- CIV_00048598-8606 (Trader Deposition Exhibit 13) [Redacted], #3 Exhibit 3 - Excerpts of Trader Chat, UBS ZINC CIV 000097095-7118 (Trader Deposition Exhibit 15) [Redacted], #4 Exhibit 4 - Excerpts of Trader Chat, BARC-FX-CIV 00203215-3225 (Trader Deposition Exhibit 7) [Redacted], #5 Exhibit 5 - Excerpts of Trader Chat, CITI-FX-CIVIL_00167036-7049 (Trader Deposition Exhibit 7) [Redacted], #6 Exhibit 6 - Trader Chat, GS-FX-CIVIL-02375942-5944 (Trader Deposition Exhibit 8) [Redacted], #7 Exhibit 7 - Trader Chat, CITI-FX-CIVIL_00573406-3407 (Trader Deposition Exhibit 9) [Redacted], #8 Exhibit 8 - Trader Chat, Transcription of Citi-FX-CIVIL-Audio_00003325.wav (Trader Deposition Exhibit 10T) [Redacted], #9 Exhibit 9 - Excerpts of Trader Chat, HBEU- FXLITIG- 00030309-0312 (Trader Deposition Exhibit 37) [Redacted], #10 Exhibit 10 - Excerpts of Trader Chat, BARC-FX-CIV_00461078-1092 [Redacted], #11 Exhibit 11 - Excerpts of Trader Chat, CS-FXLIT-12004325-4349 [Redacted]).(Burke, Christopher)
September 20, 2022 Opinion or Order Filing 1919 MEMORANDUM OF LAW in Opposition re: #1892 MOTION for Reconsideration re; #1872 Memorandum & Opinion,,,,,,,,,,,,,,, Motion for Reconsideration in Part of the Court's Order on Defendants' Motion in Limine No. 3. [Redacted]. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
September 20, 2022 Opinion or Order Filing 1918 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated September 20, 2022 re: Status Update on Claims Administration. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
September 20, 2022 Opinion or Order Filing 1917 STIPULATION AND ORDER: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between counsel for the Parties, as further set forth herein. The jury will be seated promptly each day at the scheduled time. The parties shall inform the Court if additional time is needed before then to address demonstrative aids or other issues. Any matter not resolved during the allotted time will be discussed during the next jury recess. Jury breaks will not be prolonged to deal with any such issues. (Signed by Judge Lorna G. Schofield on 9/20/2022) (mml)
September 19, 2022 Opinion or Order Filing 1916 ORDER denying without prejudice to renewal by formal motion #1912 Motion for Conference re: #1912 LETTER MOTION for Conference re: #1868 Memorandum & Opinion,, ; Request for Pre-Motion Conference Seeking Permission to File Motion for Certification addressed to Judge Lorna G. Schofield from Herbert S. Washer dated September 16, 2022., #1913 MOTION for Reconsideration re; #1879 Order, . ; denying #1913 Motion for Reconsideration re #1912 LETTER MOTION for Conference re: #1868 Memorandum & Opinion,, ; Request for Pre-Motion Conference Seeking Permission to File Motion for Certification addressed to Judge Lorna G. Schofield from Herbert S. Washer dated September 16, 2022. filed by Credit Suisse AG, Credit Suisse Securities (USA) LLC, Credit Suisse Group AG, #1913 MOTION for Reconsideration re; #1879 Order, . filed by Credit Suisse AG, Credit Suisse Securities (USA) LLC, Credit Suisse Group AG. WHEREAS a pre-trial conference was held in this matter on September 19, 2022. It is hereby ORDERED that Defendants' letter motion at Dkt. No. 1912, requesting a pre-motion conference seeking permission to file a motion for certification pursuant to 28 U.S.C. 1292(b) of the Court's order denying Defendants' motion to decertify the class, is DENIED without prejudice to renewal after trial for the reasons stated at the conference. It is further ORDERED that Defendants' motion at Dkt. No. 1913, seeking reconsideration of the Court's order regarding the verdict form, is DENIED for the reasons stated at the conference. It is further ORDERED that Defendants' request to offer into evidence Plaintiffs' responses to certain interrogatories listed in Dkt. No. 1853 is DENIED for the reasons stated at the conference. It is further ORDERED that, by September 22, 2022, the parties shall file a joint status letter stating whether they have reached agreement on a protocol for introducing the Fifth Amendment testimony Plaintiffs seek to introduce or stating the parties' respective positions if they seek Court intervention to resolve a dispute. It is further ORDERED that, by October 5, 2022, the parties shall file a letter with the names of all individuals whom the Court should introduce during jury selection, including witnesses each party expects to call, lawyers who will have speaking roles and others who will sit at counsel table, confer with counsel often in front of the jury or otherwise be highly visible to the jury.. (Signed by Judge Lorna G. Schofield on 9/19/2022) (ks)
September 19, 2022 Opinion or Order Filing 1915 MEMO ENDORSEMENT on re: #1890 Letter,, filed by Credit Suisse AG, Credit Suisse Securities (USA) LLC, Credit Suisse Group AG. ENDORSEMENT: The parties' application for leave to file revised exhibit lists by September 15, 2022, is GRANTED. The parties other disputes will be addressed in a separate order. (Signed by Judge Lorna G. Schofield on 9/14/2022) (ate)
September 19, 2022 Opinion or Order Minute Entry for proceedings held before Judge Lorna G. Schofield: Telephone Conference held on 9/19/2022. (Court Reporter Present) (jcs)
September 16, 2022 Opinion or Order Filing 1914 MEMORANDUM OF LAW in Support re: #1913 MOTION for Reconsideration re; #1879 Order, . . Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
September 16, 2022 Opinion or Order Filing 1913 MOTION for Reconsideration re; #1879 Order, . Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
September 16, 2022 Opinion or Order Filing 1912 LETTER MOTION for Conference re: #1868 Memorandum & Opinion,, ; Request for Pre-Motion Conference Seeking Permission to File Motion for Certification addressed to Judge Lorna G. Schofield from Herbert S. Washer dated September 16, 2022. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
September 15, 2022 Opinion or Order Filing 1911 PROPOSED STIPULATION AND ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
September 15, 2022 Opinion or Order Filing 1910 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Jason M. Hall dated September 15, 2022 re: Parties' Exhibit Lists. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit 1 - Plaintiffs' Second Revised Trial Exhibit List and Credit Suisse's Objections Thereto, #2 Exhibit 2 - Credit Suisse's First Revised Trial Exhibit List and Plaintiffs' Objections Thereto).(Burke, Christopher)
September 15, 2022 Opinion or Order Filing 1909 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Jason M. Hall dated September 15, 2022 re: Issues to Be Discussed at September 19, 2022 Conference. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
September 15, 2022 Opinion or Order Filing 1908 ORDER: For the foregoing reasons, the parties' respective requests are DENIED without prejudice. Both parties stated that they have stipulated to the admissibility of many pieces of evidence similar to those that are disputed. The parties are strongly encouraged to continue attempting to reach agreement. (Signed by Judge Lorna G. Schofield on 9/15/2022) (ate)
September 15, 2022 Opinion or Order Filing 1907 MEMO ENDORSEMENT: on re: #1894 Letter filed by Credit Suisse AG, Credit Suisse Securities (USA) LLC, Credit Suisse Group AG. ENDORSEMENT: Application GRANTED. Section II.D of Plaintiffs' Daubert motion will be denied as moot. (Signed by Judge Lorna G. Schofield on 9/15/2022) (ama)
September 15, 2022 Opinion or Order Filing 1906 MEMO ENDORSEMENT on NOTICE OF THE CREDIT SUISSE DEFENDANTS' MOTION FOR RECONSIDERATION IN PART OF THE COURT'S ORDER ON DEFENDANTS' MOTION IN LIMINE NO. 3: re: #1892 MOTION for Reconsideration re; #1872 Memorandum & Opinion. Motion for Reconsideration in Part of the Court's Order on Defendants' Motion in Limine No. 3 filed by Credit Suisse AG, Credit Suisse Securities (USA) LLC, Credit Suisse Group AG. ENDORSEMENT: Plaintiffs shall file any opposition to Defendants' motion for reconsideration by September 20, 2022. So Ordered., ( Responses due by 9/20/2022) (Signed by Judge Lorna G. Schofield on 9/15/2022) (ama)
September 14, 2022 Opinion or Order Filing 1905 ***SELECTED PARTIES***DECLARATION of Christopher M. Burke in Opposition re: #1855 MOTION to Exclude Plaintiffs' Proposed Expert Opinions .. Document filed by Michael J. Smith, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Michael Melissinos, Oklahoma Firefighters Pension and Retirement System, Izee Trading Company, J. Paul Antonello, Value Recovery Fund LLC, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, State-Boston Retirement System, Casey Sterk, Employees' Retirement System of Puerto Rico Electric Power Authority, Peter Rives, Tiberius OC Fund, Ltd., Robert Miller, Haverhill Retirement System, John Kerstein, Thomas Gramatis, Mark Miller, Marc G. Frederighi, Aureus Currency Fund, L.P., Richard Preschern dba Preschern Trading, Doug Harvey, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Systrax Corporation, Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit 1- Excerpts of the January 23, 2020 Merits Report of Hal J. Singer, Ph.D. [Filed Under Seal], #2 Exhibit 3- Excerpts of the August 13, 2020 Reply Expert Report of Eric Robin [Filed Under Seal], #3 Exhibit 4- Excerpts of the May 31, 2018 Class Certification Report of Hal J. Singer, Ph.D. [Filed Under Seal], #4 Exhibit 6 - Excerpts of the July 31, 2022 Rebuttal Report of Hal J. Singer, Ph.D. [Filed Under Seal])Motion or Order to File Under Seal: #1904 .(Burke, Christopher)
September 14, 2022 Opinion or Order Filing 1904 LETTER MOTION to Seal Portions of their Papers in Support of Plaintiffs' Memorandum of Law in Opposition to Credit Suisse's Daubert Motion to Exclude Plaintiffs' Proposed Expert Opinions addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated September 14, 2022. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., Value Recovery Fund LLC. (Attachments: #1 Appendix A - List of Materials that Plaintiffs Proposes to File in Redacted Form, #2 Appendix B - List of Parties and Attorneys of Record Who Should Have Access to the Redacted or Sealed Documents).(Burke, Christopher)
September 14, 2022 Opinion or Order Filing 1903 DECLARATION of Hal J. Singer, Ph.D. in Opposition re: #1855 MOTION to Exclude Plaintiffs' Proposed Expert Opinions .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
September 14, 2022 Opinion or Order Filing 1902 DECLARATION of Christopher M. Burke in Opposition re: #1855 MOTION to Exclude Plaintiffs' Proposed Expert Opinions .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit 1- Excerpts of the January 23, 2020 Merits Report of Hal J. Singer, Ph.D. [Redacted], #2 Exhibit 2- Excerpts of the January 23, 2020 Expert Report of Eric Robin, #3 Exhibit 3- Excerpts of the August 13, 2020 Reply Expert Report of Eric Robin [Redacted], #4 Exhibit 4- Excerpts of the May 31, 2018 Class Certification Report of Hal J. Singer, Ph.D. [Redacted], #5 Exhibit 5- Excerpts of the August 13, 2020 Merits Rebuttal Report of Hal J. Singer, Ph.D., #6 Exhibit 6 - Excerpts of the July 31, 2022 Rebuttal Report of Hal J. Singer, Ph.D. [Redacted]).(Burke, Christopher)
September 14, 2022 Opinion or Order Filing 1901 MEMORANDUM OF LAW in Opposition re: #1855 MOTION to Exclude Plaintiffs' Proposed Expert Opinions . . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
September 14, 2022 Opinion or Order Filing 1900 ***SELECTED PARTIES***DECLARATION of Michael Melvin, Ph.D. (Sealed Version of ECF No. 1898) in Opposition re: #1846 MOTION in Limine to Exclude Credit Suisses Proposed Expert Opinions.. Document filed by Credit Suisse Group AG, Credit Suisse AG, Credit Suisse Securities (USA) LLC, J. Paul Antonello, Augustus International Master Fund, L.P., Aureus Currency Fund, L.P., Citigroup, N.A., Employees' Retirement System of Puerto Rico Electric Power Authority, Marc G. Frederighi, Goldman Sachs & Co. LLC, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Newport News Employees' Retirement Fund, John Nypl, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Settling Defendants, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., Value Recovery Fund LLC. (Attachments: #1 Exhibit Implied Spreads for Relevant Time Periods)Motion or Order to File Under Seal: #1895 .(Washer, Herbert)
September 14, 2022 Opinion or Order Filing 1899 ***SELECTED PARTIES***DECLARATION of Herbert S. Washer (Sealed Version of ECF No. 1897) in Opposition re: #1846 MOTION in Limine to Exclude Credit Suisses Proposed Expert Opinions.. Document filed by Credit Suisse Group AG, Credit Suisse AG, Credit Suisse Securities (USA) LLC, J. Paul Antonello, Augustus International Master Fund, L.P., Aureus Currency Fund, L.P., Citigroup, N.A., Employees' Retirement System of Puerto Rico Electric Power Authority, Marc G. Frederighi, Goldman Sachs & Co. LLC, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Newport News Employees' Retirement Fund, John Nypl, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Settling Defendants, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., Value Recovery Fund LLC. (Attachments: #1 Exhibit DE 16: Excerpts of Merits Report of Michael Melvin, Ph.D., #2 Exhibit DE 18: Excerpts of Merits Deposition Transcript of Hal J. Singer, Ph.D., #3 Exhibit DE 19: Excerpts of Merits Report of Michael Melvin, Ph.D., #4 Exhibit DE 20: Excerpts of Merits Report of Hal J. Singer, Ph.D., #5 Exhibit DE 22: Excerpts of Merits Report of Divya Mathur, Ph.D., #6 Exhibit DE 23: Excerpts of Merits Report of Divya Mathur, Ph.D., #7 Exhibit DE 24: Excerpts of Merits Report of Hal J. Singer, Ph.D.)Motion or Order to File Under Seal: #1895 .(Washer, Herbert)
September 14, 2022 Opinion or Order Filing 1898 DECLARATION of Michael Melvin, Ph.D. in Opposition re: #1846 MOTION in Limine to Exclude Credit Suisses Proposed Expert Opinions.. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit [Redacted] Implied Spreads for Relevant Time Periods).(Washer, Herbert)
September 14, 2022 Opinion or Order Filing 1897 DECLARATION of Herbert S. Washer in Opposition re: #1846 MOTION in Limine to Exclude Credit Suisses Proposed Expert Opinions.. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit DE 16: [Redacted] Excerpts of Merits Report of Michael Melvin, Ph.D., #2 Exhibit DE 17: Excerpts of Trial Transcript, United States v. Usher (S.D.N.Y. Oct. 2223, 2018) (17 cr. 19), #3 Exhibit DE 18: [Redacted] Excerpts of Merits Deposition Transcript of Hal J. Singer, Ph.D., #4 Exhibit DE 19: [Redacted] Excerpts of Merits Report of Michael Melvin, Ph.D., #5 Exhibit DE 20: [Redacted] Excerpts of Merits Report of Hal J. Singer, Ph.D., #6 Exhibit DE 21: Excerpts of Michael Melvin & Kok-Hui Tan, Foreign Exchange Market Bid-Ask Spreads and the Market Price of Social Unrest, 48 OXFORD ECONOMIC PAPERS 32941 (1996), #7 Exhibit DE 22: [Redacted] Excerpts of Merits Report of Divya Mathur, Ph.D., #8 Exhibit DE 23: [Redacted] Excerpts of Merits Report of Divya Mathur, Ph.D., #9 Exhibit DE 24: [Redacted] Excerpts of Merits Report of Hal J. Singer, Ph.D., #10 Exhibit DE 25: Excerpts of Merits Rebuttal Report of Hal J. Singer, Ph.D., #11 Exhibit DE 26: Excerpts of Merits Report of Allan Kleidon, Ph.D., #12 Exhibit DE 27: Excerpts of Merits Report of Allan Kleidon, Ph.D., #13 Exhibit DE 28: Excerpts of Merits Report of Allan Kleidon, Ph.D.).(Washer, Herbert)
September 14, 2022 Opinion or Order Filing 1896 MEMORANDUM OF LAW in Opposition re: #1846 MOTION in Limine to Exclude Credit Suisses Proposed Expert Opinions. . Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
September 14, 2022 Opinion or Order Filing 1895 LETTER MOTION to Seal Portions of the Papers in Support of Credit Suisse Defendants' Memorandum of Law in Opposition to Plaintiffs' Daubert Motion addressed to Judge Lorna G. Schofield from Herbert S. Washer dated September 14, 2022. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Appendix A: List of Proposed Redacted and Sealed Documents, #2 Appendix B: List of Parties and Attorneys of Record Who Should Have Access to the Redacted or Sealed Documents).(Washer, Herbert)
September 14, 2022 Opinion or Order Filing 1894 JOINT LETTER addressed to Judge Lorna G. Schofield from Herbert S. Washer, Christopher M. Burke, and Michael D. Hausfeld dated September 14, 2022 re: Plaintiffs' Daubert Motion. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
September 14, 2022 Opinion or Order Filing 1893 MEMORANDUM OF LAW in Support re: #1892 MOTION for Reconsideration re; #1872 Memorandum & Opinion,,,,,,,,,,,,,,, Motion for Reconsideration in Part of the Court's Order on Defendants' Motion in Limine No. 3. . Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
September 14, 2022 Opinion or Order Filing 1892 MOTION for Reconsideration re; #1872 Memorandum & Opinion,,,,,,,,,,,,,,, Motion for Reconsideration in Part of the Court's Order on Defendants' Motion in Limine No. 3. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
September 9, 2022 Opinion or Order Filing 1891 PROPOSED VOIR DIRE QUESTIONS. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
September 9, 2022 Opinion or Order Filing 1890 JOINT LETTER addressed to Judge Lorna G. Schofield from Herbert S. Washer, Christopher M. Burke, and Michael D. Hausfeld dated September 9, 2022 re: Trial Exhibits. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Appendix 1: Plaintiffs' First Revised Trial Exhibit List and Credit Suisse's Objections Thereto, #2 Appendix 2: Credit Suisse's First Revised Exhibit List and Plaintiffs' Objections Thereto).(Washer, Herbert)
September 9, 2022 Opinion or Order Filing 1889 PROPOSED JURY INSTRUCTIONS. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
September 9, 2022 Opinion or Order Filing 1888 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Jason M. Hall dated September 9, 2022 re: Joint Status. Document filed by J. Paul Antonello, Augustus International Master Fund, L.P., Aureus Currency Fund, L.P., Nasser Bakizada, John Burnside, City of Providence, Rhode Island, Employees' Retirement System of Puerto Rico Electric Power Authority, Marc G. Frederighi, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Steve Leaven, Michael Melissinos, Mark Miller, Robert Miller, Newport News Employees' Retirement Fund, John Nypl, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Robert Charles Class A, L.P., Michael J. Smith, State-Boston Retirement System, Casey Sterk, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, Neil Taylor, Robert L. Teel, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
September 9, 2022 Opinion or Order Filing 1887 OPINION AND ORDER re: #1747 MOTION in Limine No. 7 to Exclude Argument and Evidence Conflating Spread Pricing Information with "Market Color". filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, Casey Sterk, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller, #1719 MOTION in Limine No. 2 to Exclude Evidence and Argument Regarding Purported Pro-Competitive Justifications or Absence of Anticompetitive Effects. filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, Casey Sterk, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Oklahoma Firefighters Pension and Retirement System, Michael J. Smith, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Employees' Retirement System of Puerto Rico Electric Power Authority, Haverhill Retirement System, Robert Miller, #1722 MOTION in Limine No. 3 to Exclude Evidence and Testimony About Existence of the Conspiracy and Anticompetitive Conduct Through Defense Expert Witnesses. filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, Casey Sterk, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Oklahoma Firefighters Pension and Retirement System, Michael J. Smith, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Employees' Retirement System of Puerto Rico Electric Power Authority, Haverhill Retirement System, Robert Miller, #1740 MOTION in Limine No. 6 to Exclude Testimony and Argument that This Case Involves Multiple Markets. filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, Casey Sterk, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Oklahoma Firefighters Pension and Retirement System, Michael J. Smith, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Employees' Retirement System of Puerto Rico Electric Power Authority, Haverhill Retirement System, Robert Miller, #1754 MOTION in Limine No. 8 to Exclude Expert Testimony Regarding Intent, State of Mind or Motive. filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, Casey Sterk, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Oklahoma Firefighters Pension and Retirement System, Michael J. Smith, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Employees' Retirement System of Puerto Rico Electric Power Authority, Haverhill Retirement System, Robert Miller. In sum, it is ORDERED that Plaintiffs' application (i) to exclude purported pro-competitive justifications is DENIED in part as moot and otherwise DENIED; (ii) to exclude defense expert testimony about the existence of the conspiracy is DENIED in part as moot and otherwise DENIED; (iii) to exclude evidence and argument about multiple markets is DENIED in part as moot and otherwise DENIED; (iv) to exclude conflation of spread information with "market color" is DENIED and (v) to exclude expert testimony about intent, state of mind or motive is DENIED in part as moot and otherwise GRANTED in part and DENIED in part. The Clerk of Court is respectfully directed to close the motions at Dkt. Nos. 1719, 1722, 1740, 1747 and 1754 and to reflect only the immediately preceding paragraph on the docket. (Signed by Judge Lorna G. Schofield on 9/9/2022) (tg)
September 8, 2022 Opinion or Order Filing 1886 MEMO ENDORSEMENT on re: #1885 Letter, filed by Credit Suisse AG, Credit Suisse Securities (USA) LLC, Credit Suisse Group AG. ENDORSEMENT: Application GRANTED. The portion of Plaintiffs' Daubert motion referenced above will be denied as moot. The parties shall file their oppositions to each other's Daubert motions by September 14, 2022. The parties shall not file replies. ( Responses due by 9/14/2022) (Signed by Judge Lorna G. Schofield on 9/7/2022) (vfr)
September 7, 2022 Opinion or Order Filing 1885 JOINT LETTER addressed to Judge Lorna G. Schofield from Herbert S. Washer, Christopher M. Burke, and Michael D. Hausfeld dated September 7, 2022 re: Daubert Motions. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
September 7, 2022 Opinion or Order Filing 1884 STIPULATION AND ORDER: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between counsel for the Parties, as follows: 1. The Parties have agreed to drop their authentication, foundational witness, hearsay, relevance, and prejudice objections to the "Chats" identified on each side's trial exhibit lists filedwith the August 26, 2022 Joint Pre-Trial Order (ECF Nos. 1853-1, 1853-2); 2. With respect to the Chats, the Parties reserve their rights to raise objections set forth in their respective motions in limine as resolved by the Court; 3. The Parties otherwise reserve all their rights regarding the non-Chat exhibits on their respective trial exhibit lists; and So Ordered. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 1733. 4. Plaintiffs withdraw the Motion, and the Motion shall be DENIED as moot. SO ORDERED. Motions terminated: #1733 MOTION in Limine No. 5 For Order that Co-Conspirator Statements Are Within the Fed. R. Evid. 801(d)(2)(E) Hearsay Exclusion. filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, Casey Sterk, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller. (Signed by Judge Lorna G. Schofield on 9/7/2022) (mml)
September 6, 2022 Opinion or Order Filing 1883 PROPOSED STIPULATION AND ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
September 6, 2022 Opinion or Order Filing 1882 ORDER granting in part and denying in part #1865 Letter Motion for Conference re: #1865 LETTER MOTION for Conference re: #1859 Declaration in Support of Motion, #1858 Declaration in Support of Motion, addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated August 30, 2022. Application GRANTED in part and DENIED in part. Plaintiffs may file expert declarations in opposition to Defendants' Daubert motion. Defendants' declarations will not be struck, but all experts' testimony at trial will be limited to opinions that were timely disclosed in their regular expert reports. (Signed by Judge Lorna G. Schofield on 9/6/2022) (rro)
September 6, 2022 Opinion or Order Filing 1881 ORDER granting #1707 Motion for Alexandra S. Bernay to Appear Pro Hac Vice; granting #1708 Motion for Carmen A. Medici to Appear Pro Hac Vice; granting #1839 Motion for Jose Roman Lavergne to Appear Pro Hac Vice; and granting #1841 Motion for Ian Engdahl to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
September 6, 2022 Opinion or Order Filing 1880 AMENDED OPINION AND ORDER: In sum, it is: ORDERED that Defendants' application to exclude (i) the consent order between CS and DFS is GRANTED; (ii) testimony of persons invoking the Fifth Amendment is DENIED; (iii)certain other banks' and traders' criminal prosecutions, guilty pleas and convictions for Sherman Act or other criminal violations is DENIED; (iv) factual admissions contained in guilty pleas and plea allocutions of Non-CS persons and entities is DENIED; (v) non-CS consent orders and regulatory settlements is GRANTED in part and DENIED in part; (vi) the Federal Reserve Investigations of Peter Little and Michael Weston is GRANTED; (vii) internal bank policies is GRANTED in part and DENIED in part; (viii) evidence of subsequent remedial measures is GRANTED; (ix) communications between participants located outside the U.S. is DENIED; (x) "bad acts" is GRANTED in part and otherwise DENIED without prejudice and (xi) Keith Underwood's testimony and reports is GRANTED. The Clerk of Court is respectfully directed to include on the docket only the text in the preceding "Ordered" paragraph, and to close the motions at Dkt. Nos. 1710, 1714, 1726, 1736, 1744, 1750, 1758, 1764, 1770, 1775 and 1779. (Signed by Judge Lorna G. Schofield on 9/6/2022) (mml) Modified on 9/7/2022 (jcs).
September 6, 2022 Opinion or Order Filing 1879 ORDER: It is hereby ORDERED that, having considered the parties' arguments, the Court intends to adopt a verdict form in substantially the form of Court Draft 2, which is attached to this Order. (Signed by Judge Lorna G. Schofield on 9/3/2022) (mml)
September 4, 2022 Opinion or Order Filing 1878 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Jason M. Hall dated September 4, 2022 re: Motion In Limine No. 5 (ECF No. 1733). Document filed by J. Paul Antonello, Augustus International Master Fund, L.P., Aureus Currency Fund, L.P., Nasser Bakizada, John Burnside, City of Providence, Rhode Island, Employees' Retirement System of Puerto Rico Electric Power Authority, Marc G. Frederighi, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Newport News Employees' Retirement Fund, John Nypl, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Robert Charles Class A, L.P., Michael J. Smith, State-Boston Retirement System, Casey Sterk, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, Neil Taylor, Robert L. Teel, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
September 2, 2022 Opinion or Order Filing 1877 ***SELECTED PARTIES***DECLARATION of Herbert S. Washer in Support re: #1875 Response. Document filed by Credit Suisse Group AG, Credit Suisse AG, Credit Suisse Securities (USA) LLC, J. Paul Antonello, Augustus International Master Fund, L.P., Aureus Currency Fund, L.P., Citigroup, N.A., Employees' Retirement System of Puerto Rico Electric Power Authority, Marc G. Frederighi, Goldman Sachs & Co. LLC, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Newport News Employees' Retirement Fund, John Nypl, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Settling Defendants, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., Value Recovery Fund LLC. (Attachments: #1 Exhibit 1: Excerpts of Niall Condie Deposition Transcript, #2 Exhibit 2: Excerpts of Steve Yanez Deposition Transcript, #3 Exhibit 3: Excerpts of Natalie Williams Deposition Transcript)Motion or Order to File Under Seal: #1874 .(Washer, Herbert)
September 2, 2022 Opinion or Order Filing 1876 DECLARATION of Herbert S. Washer in Support re: #1875 Response. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit 1: [Redacted] Excerpts of Niall Condie Deposition Transcript, #2 Exhibit 2: [Redacted] Excerpts of Steve Yanez Deposition Transcript, #3 Exhibit 3: [Redacted] Excerpts of Natalie Williams Deposition Transcript).(Washer, Herbert)
September 2, 2022 Opinion or Order Filing 1875 RESPONSE re: #1821 Brief,,, Response to the Court's Verdict Form "Draft 1". Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
September 2, 2022 Opinion or Order Filing 1874 LETTER MOTION to Seal Portions of Papers in Support of Credit Suisse's Response to the Court's Verdict Form "Draft 1" addressed to Judge Lorna G. Schofield from Herbert S. Washer dated September 2, 2022. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Appendix A: List of Proposed Redacted and Sealed Documents, #2 Appendix B: List of Parties and Attorneys of Record Who Should Have Access to the Redacted or Sealed Documents).(Washer, Herbert)
September 2, 2022 Opinion or Order Filing 1873 LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Herbert S. Washer dated September 2, 2022 re: #1865 LETTER MOTION for Conference re: #1859 Declaration in Support of Motion, #1858 Declaration in Support of Motion, addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated August 30, 2022. . Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
September 2, 2022 Opinion or Order Filing 1872 OPINION AND ORDER re: #1775 MOTION in Limine No. 10 to Exclude Other Bad Acts Evidence. filed by Credit Suisse AG, Credit Suisse Securities (USA) LLC, Credit Suisse Group AG, #1758 MOTION in Limine No. 7 to Exclude Internal Bank Policies Evidence. filed by Credit Suisse AG, Credit Suisse Securities (USA) LLC, Credit Suisse Group AG, #1770 MOTION in Limine No. 9 to Exclude Communications Without a Direct Connection to United States Commerce. filed by Credit Suisse AG, Credit Suisse Securities (USA) LLC, Credit Suisse Group AG, #1764 MOTION in Limine No. 8 to Exclude Evidence Concerning Subsequent Remedial Measures. filed by Credit Suisse AG, Credit Suisse Securities (USA) LLC, Credit Suisse Group AG, #1714 MOTION in Limine No. 2 to Exclude the Testimony of Persons Invoking the Fifth Amendment Protection Against Self-Incrimination. filed by Credit Suisse AG, Credit Suisse Securities (USA) LLC, Credit Suisse Group AG, #1750 MOTION in Limine No. 6 to Exclude Evidence Concerning the Board of Governors of the Federal Reserve Systems Investigation of and Findings Concerning Peter Little and Michael Weston. filed by Credit Suisse AG, Credit Suisse Securities (USA) LLC, Credit Suisse Group AG, #1744 MOTION in Limine No. 5 to Exclude Evidence of Non-Credit Suisse Consent Orders and Regulatory Settlements. filed by Credit Suisse AG, Credit Suisse Securities (USA) LLC, Credit Suisse Group AG, #1710 MOTION in Limine No. 1 to Exclude Evidence of Consent Order with the New York State Department of Financial Services. filed by Credit Suisse AG, Credit Suisse Securities (USA) LLC, Credit Suisse Group AG, #1736 MOTION in Limine No. 4 to Exclude Factual Admissions Contained in Guilty Pleas and Plea Allocutions of Non-Credit Suisse Persons and Entities. filed by Credit Suisse AG, Credit Suisse Securities (USA) LLC, Credit Suisse Group AG, #1779 MOTION in Limine No. 11 to Preclude Keith Underwood From Testifying and to Exclude Reports and Statements Authored by Keith Underwood in Separate Proceedings Involving UBS AG. filed by Credit Suisse AG, Credit Suisse Securities (USA) LLC, Credit Suisse Group AG, #1726 MOTION in Limine No. 3 to Exclude Evidence of Criminal Prosecutions of Non-Credit Suisse Persons and Entities. filed by Credit Suisse AG, Credit Suisse Securities (USA) LLC, Credit Suisse Group AG. In sum, it is: ORDERED that Defendants' application to exclude (i) the consent order between CS and DFS is GRANTED; (ii) testimony of persons invoking the Fifth Amendment is DENIED; (iii) certain other banks' and traders' criminal prosecutions, guilty pleas and convictions for Sherman Act or other criminal violations is DENIED; (iv) factual admissions contained in guilty pleas and plea allocutions of Non-CS persons and entities is DENIED; (v) non-CS consent orders and regulatory settlements is GRANTED in part and DENIED in part; (vi) the Federal Reserve Investigations of Peter Little and Michael Weston is GRANTED; (vii) internal bank policies is GRANTED in part and DENIED in part; (viii) evidence of subsequent remedial measures is GRANTED; (ix) communications between participants located outside the U.S. is DENIED; (x) "bad acts" is GRANTED in part and otherwise DENIED without prejudice and (xi) Keith Underwood's testimony and reports is GRANTED. The Clerk of Court is respectfully directed to include on the docket only the text in the preceding "Ordered" paragraph, and to close the motions at Dkt. Nos. 1710, 1714, 1726, 1736, 1744, 1750, 1758, 1764, 1770, 1775 and 1779. (Signed by Judge Lorna G. Schofield on 9/2/2022) (mml) Modified on 9/2/2022 (mml).
September 2, 2022 Opinion or Order Filing 1871 BRIEF re: #1829 Pretrial Memorandum Plaintiffs Response to Credit Suisse Defendants Pretrial Memorandum of Law. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Hausfeld, Michael)
September 1, 2022 Opinion or Order Filing 1870 ORDER granting #1676 Letter Motion to Seal; granting #1683 Letter Motion to Seal. It is hereby ORDERED that the motion to seal is GRANTED. The documents filed at Docket No. 1677 and 1684 shall remain sealed, and only the parties and individuals identified in the attached Appendix will have access. Although "[t]he common law right of public access to judicial documents is firmly rooted in our nation's history," this right is not absolute, and courts "must balance competing considerations against" the presumption of access. Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 11920 (2d Cir. 2006) (internal quotation marks omitted); see also Nixon v. Warner Commc'ns., Inc., 435 U.S. 589, 599 (1978) ("[T]he decision as to access is one best left to the sound discretion of the trial court, a discretion to be exercised in light of the relevant facts and circumstances of the particular case."). Filing the documents with redactions in that redacted form is necessary to prevent unauthorized dissemination of personal information, including personal information pertaining to individuals subject to foreign data privacy regimes. Filing the deposition transcripts under seal is necessary to prevent the disclosure of confidential business information that was not relied upon by any party or the Court in briefing or deciding the instant motion and thus is subject to a weaker presumption of public access, but is included in the exhibits only because it is adjacent to the relevant portions. Filing the excerpts under seal rather than in redacted form is necessary to avoid speculation and misleading inferences about what might be redacted, particularly because the public will have access to descriptions of any relevant material in the parties' memoranda of law and the Court's Opinion and Order. The Clerk of Court is respectfully directed to close the motions at Dkt. Nos. 1676, 1683. (Signed by Judge Lorna G. Schofield on 9/1/2022) (mml)
August 31, 2022 Opinion or Order Filing 1869 ORDER denying #1864 Letter Motion for Extension of Time. Application DENIED. The trial will begin as scheduled on October 11, 2022. All parties have been aware of the trial date and pretrial deadlines for months. The Court appreciates the immense work that has gone into discovery in this action but is skeptical that presenting such a massive amount of evidence to the jury would facilitate the truth-seeking function of the trial, rather than confuse the issues with extraneous details. A focused presentation of the most important evidence on both sides will clarify rather than obscure the issues for the jury to decide. To that end, prior to or in the course of the meeting and conferring regarding objections to exhibits to narrow their disputes, the parties shall streamline their exhibit lists to only those exhibits the parties genuinely intend to use at trial. See the Court's Individual Rule IV.B.6. With respect to deposition designations, the parties shall advise the court by 12:00 p.m. two trial days in advance of their intention to present particular deposition testimony to the jury so that the Court can rule on any challenged deposition designations. Concurrent with that advice, the parties shall re-send to the Court the relevant transcript portions marked according to the Court's Individual Rule IV.B.2.g. (Signed by Judge Lorna G. Schofield on 8/31/2022) (ate)
August 31, 2022 Opinion or Order Filing 1868 OPINION AND ORDER: re: #1678 MOTION for Decertification filed by Credit Suisse AG, Credit Suisse Securities (USA) LLC, Credit Suisse Group AG, #1689 LETTER MOTION for Oral Argument requesting oral argument on the motion to decertify the issue class. addressed to Judge Lorna G. Schofield from Herbert S. Washer dated May 25, 2022 filed by Credit Suisse AG, Credit Suisse Securities (USA) LLC, Credit Suisse Group AG. For the foregoing reasons, Defendant's motion to decertify the issue class is DENIED. Defendant's motion for oral argument is DENIED as moot. The Clerk of Court is respectfully directed to close the motion at Docket Numbers 1678 and 1689. (Signed by Judge Lorna G. Schofield on 8/31/2022) (ama)
August 31, 2022 Opinion or Order Filing 1867 LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated August 31, 2022 re: #1864 LETTER MOTION for Extension of Time (Adjournment of October 11, 2022 Trial Date) addressed to Judge Lorna G. Schofield from Herbert S. Washer dated August 30, 2022. . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
August 31, 2022 Opinion or Order Filing 1866 ORDER with respect to #1865 LETTER MOTION for Conference re: #1859 Declaration in Support of Motion, #1858 Declaration in Support of Motion, addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated August 30, 2022. Defendants shall file a responsive letter, not to exceed three pages, by September 2, 2022. So Ordered. (Signed by Judge Lorna G. Schofield on 8/31/2022) (mml)
August 31, 2022 Opinion or Order Set/Reset Deadlines: Responses due by 9/2/2022. (mml)
August 30, 2022 Opinion or Order Filing 1865 LETTER MOTION for Conference re: #1859 Declaration in Support of Motion, #1858 Declaration in Support of Motion, addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated August 30, 2022. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
August 30, 2022 Opinion or Order Filing 1864 LETTER MOTION for Extension of Time (Adjournment of October 11, 2022 Trial Date) addressed to Judge Lorna G. Schofield from Herbert S. Washer dated August 30, 2022. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
August 29, 2022 Opinion or Order Filing 1863 DECLARATION of Christopher M. Burke re: #1862 Letter,,,, . Document filed by J. Paul Antonello, Augustus International Master Fund, L.P., Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Virtu Financial LLC. (Attachments: #1 Exhibit 5 - Excerpt of Transcript from Deposition of Michael Melvin, dated July 23, 2020).(Burke, Christopher)
August 29, 2022 Opinion or Order Filing 1862 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated August 29, 2022 re: Response to Credit Suisse's Letter re Supplemental Authority. Document filed by J. Paul Antonello, Augustus International Master Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
August 26, 2022 Opinion or Order Filing 1861 ***SELECTED PARTIES***DECLARATION of Herbert S. Washer in Support re: #1855 MOTION to Exclude Plaintiffs' Proposed Expert Opinions .. Document filed by Credit Suisse Group AG, Credit Suisse AG, Credit Suisse Securities (USA) LLC, J. Paul Antonello, Augustus International Master Fund, L.P., Aureus Currency Fund, L.P., Citigroup, N.A., Employees' Retirement System of Puerto Rico Electric Power Authority, Marc G. Frederighi, Goldman Sachs & Co. LLC, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Newport News Employees' Retirement Fund, John Nypl, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Settling Defendants, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., Value Recovery Fund LLC. (Attachments: #1 Exhibit DE 1: Excerpts of Expert Report of Robin Poynder on Bank Chats, #2 Exhibit DE 2: Excerpts of Merits Report of Hal J. Singer, Ph.D., #3 Exhibit DE 3: Excerpts of Deposition, #4 Exhibit DE 5: Excerpts of Rebuttal Report of Hal J. Singer, Ph.D., #5 Exhibit DE 6: Excerpts of Merits Reply Report of Eric Robin, #6 Exhibit DE 7: Excerpts of Deposition, #7 Exhibit DE 8: Excerpts of Deposition, #8 Exhibit DE 11: Excerpts of Merits Reply Report of Hal J. Singer, Ph.D., #9 Exhibit DE 12: Excerpts of Merits Report of Divya Mathur, Ph.D., #10 Exhibit DE 13: Excerpts of Deposition, #11 Exhibit DE 14: Chat Document)Motion or Order to File Under Seal: #1854 .(Washer, Herbert)
August 26, 2022 Opinion or Order Filing 1860 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #1855 MOTION to Exclude Plaintiffs' Proposed Expert Opinions . . Document filed by Credit Suisse Group AG, Credit Suisse AG, Credit Suisse Securities (USA) LLC, J. Paul Antonello, Augustus International Master Fund, L.P., Aureus Currency Fund, L.P., Citigroup, N.A., Employees' Retirement System of Puerto Rico Electric Power Authority, Marc G. Frederighi, Goldman Sachs & Co. LLC, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Newport News Employees' Retirement Fund, John Nypl, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Settling Defendants, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., Value Recovery Fund LLC. Motion or Order to File Under Seal: #1854 .(Washer, Herbert)
August 26, 2022 Opinion or Order Filing 1859 DECLARATION of Prof. Justin McCrary in Support re: #1855 MOTION to Exclude Plaintiffs' Proposed Expert Opinions .. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
August 26, 2022 Opinion or Order Filing 1858 DECLARATION of Allan W. Kleidon, Ph.D. in Support re: #1855 MOTION to Exclude Plaintiffs' Proposed Expert Opinions .. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
August 26, 2022 Opinion or Order Filing 1857 DECLARATION of Herbert S. Washer [Redacted] in Support re: #1855 MOTION to Exclude Plaintiffs' Proposed Expert Opinions .. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit DE 1: [Redacted] Excerpts of Expert Report of Robin Poynder on Bank Chats, #2 Exhibit DE 2: [Redacted] Excerpts of Merits Report of Hal J. Singer, Ph.D., #3 Exhibit DE 3: [Redacted] Excerpts of Deposition, #4 Exhibit DE 4: Email from Walter Noss to Jason Hall, #5 Exhibit DE 5: [Redacted] Excerpts of Rebuttal Report of Hal J. Singer, Ph.D., #6 Exhibit DE 6: [Redacted] Excerpts of Merits Reply Report of Eric Robin, #7 Exhibit DE 7: [Redacted] Excerpts of Deposition, #8 Exhibit DE 8: [Redacted] Excerpts of Deposition, #9 Exhibit DE 9: Excerpts of Merits Report of Allan W. Kleidon, Ph.D., #10 Exhibit DE 10: Excerpts of Merits Report of Eric Robin, #11 Exhibit DE 11: [Redacted] Excerpts of Merits Reply Report of Hal J. Singer, Ph.D., #12 Exhibit DE 12: [Redacted] Excerpts of Merits Report of Divya Mathur, Ph.D., #13 Exhibit DE 13: [Redacted] Excerpts of Deposition, #14 Exhibit DE 14: [Redacted] Chat Document, #15 Exhibit DE 15: Excerpts from Kevin Rodgers).(Washer, Herbert)
August 26, 2022 Opinion or Order Filing 1856 MEMORANDUM OF LAW in Support re: #1855 MOTION to Exclude Plaintiffs' Proposed Expert Opinions . [Redacted]. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
August 26, 2022 Opinion or Order Filing 1855 MOTION to Exclude Plaintiffs' Proposed Expert Opinions . Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
August 26, 2022 Opinion or Order Filing 1854 LETTER MOTION to Seal Portions of the Papers in Support of Credit Suisse's Daubert Motion to Exclude Plaintiffs' Proposed Expert Opinions addressed to Judge Lorna G. Schofield from Herbert S. Washer dated August 26, 2022. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Appendix A: List of Materials that Credit Suisse Proposes to File in Redacted Form or Entirely Under Seal, #2 Appendix B: List of Parties and Attorneys of Record Who Should Have Access to the Redacted or Sealed Documents).(Washer, Herbert)
August 26, 2022 Opinion or Order Filing 1853 PROPOSED PRE-TRIAL ORDER. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Appendix Tab 1: Plaintiffs' Exhibit List, Including Credit Suisse's Objections Thereto, #2 Appendix Tab 2: Credit Suisse's Exhibit List, Including Plaintiffs' Objections Thereto).(Washer, Herbert)
August 26, 2022 Opinion or Order Filing 1852 NOTICE OF APPEARANCE by Margaret Ann Barone on behalf of Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Barone, Margaret)
August 26, 2022 Opinion or Order Filing 1851 NOTICE OF APPEARANCE by Miles Wiley on behalf of Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Wiley, Miles)
August 26, 2022 Opinion or Order Filing 1850 ***SELECTED PARTIES***DECLARATION of Michael D. Hausfeld in Support re: #1846 MOTION in Limine to Exclude Credit Suisses Proposed Expert Opinions.. Document filed by Michael J. Smith, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Michael Melissinos, Oklahoma Firefighters Pension and Retirement System, Izee Trading Company, J. Paul Antonello, Value Recovery Fund LLC, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, State-Boston Retirement System, Casey Sterk, Employees' Retirement System of Puerto Rico Electric Power Authority, Peter Rives, Tiberius OC Fund, Ltd., Robert Miller, Haverhill Retirement System, John Kerstein, Thomas Gramatis, Mark Miller, Marc G. Frederighi, Aureus Currency Fund, L.P., Richard Preschern dba Preschern Trading, Doug Harvey, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Systrax Corporation, BNP Paribas North America, BNP Paribas Securities, Inc., Citigroup, N.A., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Group AP, Credit Suisse International, Credit Suisse Securities (USA) LLC, Goldman Sachs & Co. LLC, Morgan Stanley & Co., LLC. (Attachments: #1 Exhibit 1 - Excerpts of Expert Report of Michael Melvin, #2 Exhibit 2 - Excerpts of Expert Report of Michael Melvin, #3 Exhibit 3 - Excerpts of Expert Report of Michael Melvin, #4 Exhibit 4 - Excerpts of Deposition of Michael Melvin, #5 Exhibit 5 - Excerpts of Merits Rebuttal Report of Hal J. Singer, #6 Exhibit 6 - Excerpts of Expert Report of Divya Mathur, #7 Exhibit 7 - Excerpts of Expert Report of Divya Mathur, #8 Exhibit 8 - Excerpt of interbank chat, #9 Exhibit 9 - Excerpt of Deposition Transcript, #10 Exhibit 10 - Excerpt of interbank chat, #11 Exhibit 11 - Excerpt of Deposition Transcript, #12 Exhibit 12 - Excerpts of Expert Report of Allan W. Kleidon, #13 Exhibit 13 - Excerpts of Expert Report of Prof. Justin McCrary, #14 Exhibit 14 - Excerpts of Rebuttal Report of Hal. J. Singer)Motion or Order to File Under Seal: #1844 .(Hausfeld, Michael)
August 26, 2022 Opinion or Order Filing 1849 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #1846 MOTION in Limine to Exclude Credit Suisses Proposed Expert Opinions. . Document filed by Michael J. Smith, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Michael Melissinos, Oklahoma Firefighters Pension and Retirement System, Izee Trading Company, J. Paul Antonello, Value Recovery Fund LLC, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, State-Boston Retirement System, Casey Sterk, Employees' Retirement System of Puerto Rico Electric Power Authority, Peter Rives, Tiberius OC Fund, Ltd., Robert Miller, Haverhill Retirement System, John Kerstein, Thomas Gramatis, Mark Miller, Marc G. Frederighi, Aureus Currency Fund, L.P., Richard Preschern dba Preschern Trading, Doug Harvey, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Systrax Corporation, BNP Paribas North America, BNP Paribas Securities, Inc., Citigroup, N.A., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Group AP, Credit Suisse International, Credit Suisse Securities (USA) LLC, Goldman Sachs & Co. LLC, Morgan Stanley & Co., LLC. Motion or Order to File Under Seal: #1844 .(Hausfeld, Michael)
August 26, 2022 Opinion or Order Filing 1848 DECLARATION of Michael D. Hausfeld in Support re: #1846 MOTION in Limine to Exclude Credit Suisses Proposed Expert Opinions.. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit 1 - Excerpts of Expert Report of Michael Melvin, #2 Exhibit 2 - Excerpts of Expert Report of Michael Melvin, #3 Exhibit 3 - Excerpts of Expert Report of Michael Melvin, #4 Exhibit 4 - Excerpts of Deposition of Michael Melvin, #5 Exhibit 5 - Excerpts of Merits Rebuttal Report of Hal J. Singer, #6 Exhibit 6 - Excerpts of Expert Report of Divya Mathur, #7 Exhibit 7 - Excerpts of Expert Report of Divya Mathur, #8 Exhibit 8 - Excerpt of interbank chat, #9 Exhibit 9 - Excerpt of Deposition Transcript, #10 Exhibit 10 - Excerpt of interbank chat, #11 Exhibit 11 - Excerpt of Deposition Transcript, #12 Exhibit 12 - Excerpts of Expert Report of Allan W. Kleidon, #13 Exhibit 13 - Excerpts of Expert Report of Prof. Justin McCrary, #14 Exhibit 14 - Excerpts of Rebuttal Report of Hal. J. Singer).(Hausfeld, Michael)
August 26, 2022 Opinion or Order Filing 1847 MEMORANDUM OF LAW in Support re: #1846 MOTION in Limine to Exclude Credit Suisses Proposed Expert Opinions. . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Hausfeld, Michael)
August 26, 2022 Opinion or Order Filing 1846 MOTION in Limine to Exclude Credit Suisses Proposed Expert Opinions. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Hausfeld, Michael)
August 26, 2022 Opinion or Order Filing 1845 NOTICE of Motion to Exclude Credit Suisses Proposed Expert Opinions. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Hausfeld, Michael)
August 26, 2022 Opinion or Order Filing 1844 LETTER MOTION to Seal Portions of Papers in Support of Daubert Motion addressed to Judge Lorna G. Schofield from Michael D. Hausfeld and Christopher M. Burke dated 08/26/2022. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Appendix A: List of Proposed Redacted and Sealed Documents, #2 Appendix B: List of Parties and Attorneys of Record Who Should Have Access to the Redacted or Sealed Documents).(Hausfeld, Michael)
August 26, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #1841 MOTION for Ian Engdahl to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26594184. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
August 25, 2022 Opinion or Order Filing 1843 LETTER addressed to Judge Lorna G. Schofield from Herbert S. Washer dated August 25, 2022 re: Supplemental Authority. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
August 25, 2022 Opinion or Order Filing 1842 ORDER: It is hereby ORDERED that the parties' request in their joint letter at Dkt. No. 1838 is GRANTED. The parties shall file responses to pretrial memoranda by September 2, 2022. In those responsive memoranda, which shall not exceed 20 pages, the parties shall include any objections to the Court's proposed verdict form at Court Draft 1, attached., ( Responses due by 9/2/2022) (Signed by Judge Lorna G. Schofield on 8/25/2022) (ama)
August 25, 2022 Opinion or Order Filing 1841 MOTION for Ian Engdahl to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26594184. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System. (Attachments: #1 Affidavit of Ian Engdahl, #2 Exhibit Certificate of Good Standing - District of Columbia, #3 Text of Proposed Order Text of Proposed Order).(Kearns, Timothy)
August 25, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #1839 MOTION for Jose Roman Lavergne to Appear Pro Hac Vice [corrected]. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
August 24, 2022 Opinion or Order Filing 1840 ORDER: It is hereby ORDERED that the scope of the trial will be limited to the two issues certified for class treatment, as reflected in the parties submissions. It is further ORDERED that the trial will begin on October 11, 2022, as currently scheduled, and continue from day to day (on business days) until concluded. The parties shall be prepared for jury selection, opening statements and the beginning of testimony on the first day of trial. After the first day, the parties shall be prepared to present five hours of testimony per day beginning at 10:00 A.M. and concluding at approximately 4:45 P.M. Based on the Courts experience with the case and the limited scope of issues to be tried, the parties will have 16 hours each for opening statements, direct and cross, i.e., any time that counsel are on their feet other than summations. Time limits for summations will be determined later. It is further ORDERED that, after the parties have filed their joint proposed final pretrial order on August 26, 2022, including a list of proposed exhibits showing objections as required by the Court's individual rules, the parties shall meet and confer in an effort to resolve disputes over the admissibility of exhibits. The parties shall file, by September 9, 2022, (1) a revised exhibit list reflecting any additional exhibits that can be pre-admitted based on the parties' discussions and (2) a joint letter reflecting the parties' respective arguments about the admissibility of up to five groups of exhibits per side. The Court has a practice of pre-admitting exhibits to the extent possible to conserve the parties' limited trial time and the jurys time and avoid unnecessary procedural matters surrounding the admission of exhibits. The Court will not permit speaking objections or sidebars to deal with objections. It is further ORDERED that, by September 9, 2022, the parties shall meet and confer and file joint proposed jury instructions and voir dire. In preparing proposed jury instructions, even where the parties have substantive disagreements, the parties shall endeavor to agree on as much of the language of the instructions as possible and to narrow any disputed language to specific areas that will be affected by the resolution of legal disputes. The parties shall indicate proposed alternative language for any portions on which the parties do not agree and may provide authority supporting the parties' respective positions pursuant to the Court's Individual Rule IV.B.5. It is further ORDERED that a status conference will be held on September 19, 2022, at 2:30 P.M., to address any pretrial issues. The parties shall join the conference by dialing (888) 363-4749 and using then access code 558-3333. The parties shall file a joint letter by September 15, 2022, with any issues that they want to discuss at the September 19 conference. It is further ORDERED that, the application in the parties' joint letter at Dkt. No. 1837 is GRANTED in part and DENIED in part. The parties may omit Fed. R. Evid. 1006 summaries and demonstratives from the final pretrial order due on August 26, 2022. By September 15, 2022, the parties shall file a proposed joint trial procedures stipulation. It is further ORDERED that an in-person final pre-trial conference will be held on October 3, 2022, at 12:00 P.M., to discuss the preliminary charge and voir dire. The conference will be held in Courtroom 1106 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York, 10007. (Final Pretrial Conference set for 10/3/2022 at 12:00 PM in Courtroom 1106, Thurgood Marshall Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield., Telephone Conference set for 9/19/2022 at 02:30 PM before Judge Lorna G. Schofield. Proposed Pretrial Order due by 8/26/2022.) (Signed by Judge Lorna G. Schofield on 8/24/2022) (mml)
August 24, 2022 Opinion or Order Filing 1839 MOTION for Jose Roman Lavergne to Appear Pro Hac Vice [corrected]. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System. (Attachments: #1 Affidavit of Jose Roman Lavergne, #2 Exhibit Certificate of Good Standing - District of Columbia, #3 Exhibit Certificate of Good Standing - Florida, #4 Text of Proposed Order Text of Proposed Order).(Kearns, Timothy)
August 23, 2022 Opinion or Order Filing 1838 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Jason M. Hall dated 08/23/2022 re: Joint Letter re Extension for Pretrial Memos. Document filed by J. Paul Antonello, Augustus International Master Fund, L.P., Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Marc G. Frederighi, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Newport News Employees' Retirement Fund, John Nypl, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., Value Recovery Fund LLC..(Burke, Christopher)
August 23, 2022 Opinion or Order Filing 1837 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Jason M. Hall dated 08/23/2022 re: Joint Letter re Demonstratives. Document filed by J. Paul Antonello, Augustus International Master Fund, L.P., Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Marc G. Frederighi, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Newport News Employees' Retirement Fund, John Nypl, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., Value Recovery Fund LLC..(Burke, Christopher)
August 22, 2022 Opinion or Order Filing 1836 JOINT LETTER addressed to Judge Lorna G. Schofield from Herbert S. Washer, Christopher M. Burke, and Michael D. Hausfeld dated August 22, 2022 re: Trial Date. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
August 19, 2022 Opinion or Order Filing 1835 ***SELECTED PARTIES***DECLARATION of Christopher M. Burke in Opposition re: #1770 MOTION in Limine No. 9 to Exclude Communications Without a Direct Connection to United States Commerce., #1750 MOTION in Limine No. 6 to Exclude Evidence Concerning the Board of Governors of the Federal Reserve Systems Investigation of and Findings Concerning Peter Little and Michael Weston., #1744 MOTION in Limine No. 5 to Exclude Evidence of Non-Credit Suisse Consent Orders and Regulatory Settlements., #1714 MOTION in Limine No. 2 to Exclude the Testimony of Persons Invoking the Fifth Amendment Protection Against Self-Incrimination., #1736 MOTION in Limine No. 4 to Exclude Factual Admissions Contained in Guilty Pleas and Plea Allocutions of Non-Credit Suisse Persons and Entities., #1779 MOTION in Limine No. 11 to Preclude Keith Underwood From Testifying and to Exclude Reports and Statements Authored by Keith Underwood in Separate Proceedings Involving UBS AG.. Document filed by Michael J. Smith, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Michael Melissinos, Oklahoma Firefighters Pension and Retirement System, Izee Trading Company, J. Paul Antonello, Value Recovery Fund LLC, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, State-Boston Retirement System, Casey Sterk, Employees' Retirement System of Puerto Rico Electric Power Authority, Peter Rives, Tiberius OC Fund, Ltd., Robert Miller, Haverhill Retirement System, John Kerstein, Thomas Gramatis, Mark Miller, Marc G. Frederighi, Aureus Currency Fund, L.P., Richard Preschern dba Preschern Trading, Doug Harvey, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Systrax Corporation, Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit H -November 29, 2018 Excerpts of the Deposition Transcript [Filed Under Seal];, #2 Exhibit I - December 5, 2019 Excerpts of the Deposition [Filed Under Seal];, #3 Exhibit O - January 4, 2017 Excerpts of Plea Agreement [Filed Under Seal];, #4 Exhibit P - January 13, 2017 Excerpts of Plea Agreement [Filed Under Seal];, #5 Exhibit T - November 4, 2019 Excerpts of Hearing Transcript, United States v. Aiyer, No. 1:18-cr-00333 (ECF 158) (S.D.N.Y.) [Filed Under Seal];, #6 Exhibit W - October 30, 2020 Excerpts of Deposition Transcript [Filed Under Seal];, #7 Exhibit CC - December 16, 2020 Excerpts of Deposition Transcript [Filed Under Seal];, #8 Exhibit DD - September 13, 2018 Excerpts of Hearing Transcript, United States v. Usher, No. 1:17-cr-00019 (ECF 158) (S.D.N.Y.);, #9 Exhibit EE - December 11, 2019 Excerpts of Deposition Transcript [[Filed Under Seal];, #10 Exhibit FF - December 5, 2018 Excerpts of Deposition Transcript [Filed Under Seal];, #11 Exhibit GG - June 5, 2020 Excerpts of Deposition Transcript [Filed Under Seal];, #12 Exhibit HH - September 24, 2019 Excerpts of Hearing Transcript United States v. Aiyer, No. 1:18-cr-00333 (ECF 119) (S.D.N.Y.) [Filed Under Seal], #13 Exhibit II - Excerpts of trader chat room transcript, CS-FXLIT-06143903-907 [Filed Under Seal];, #14 Exhibit JJ - Excerpts of trader chat room transcript, BARC-FX-CIV_00098338-347 [Filed Under Seal];, #15 Exhibit LL - November 30, 2016 Excerpts of the Expert Report Prepared by Keith D. Underwood [Filed Under Seal];, #16 Exhibit MM - December 10, 2018 Excerpts of the Expert Report Prepared by Keith Underwood [Filed Under Seal];, #17 Exhibit NN - January 23, 2020 Excerpts of the Merits Report of Hal J. Singer Ph.D. [Filed Under Seal];, #18 Exhibit PP - July 30, 2020 Excerpts of the Deposition Transcript of Justin McCrary [Filed Under Seal];, #19 Exhibit QQ - January 16, 2019 Excerpts of the Deposition Transcript of Keith Underwood [Filed Under Seal];)Motion or Order to File Under Seal: #1791 .(Burke, Christopher)
August 19, 2022 Opinion or Order Filing 1834 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #1779 MOTION in Limine No. 11 to Preclude Keith Underwood From Testifying and to Exclude Reports and Statements Authored by Keith Underwood in Separate Proceedings Involving UBS AG. . Document filed by Michael J. Smith, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Michael Melissinos, Oklahoma Firefighters Pension and Retirement System, Izee Trading Company, J. Paul Antonello, Value Recovery Fund LLC, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, State-Boston Retirement System, Casey Sterk, Employees' Retirement System of Puerto Rico Electric Power Authority, Peter Rives, Tiberius OC Fund, Ltd., Robert Miller, Haverhill Retirement System, John Kerstein, Thomas Gramatis, Mark Miller, Marc G. Frederighi, Aureus Currency Fund, L.P., Richard Preschern dba Preschern Trading, Doug Harvey, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Systrax Corporation, Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. Motion or Order to File Under Seal: #1791 .(Burke, Christopher)
August 19, 2022 Opinion or Order Filing 1833 DECLARATION of Jason M. Hall in Support re: #1829 Pretrial Memorandum. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit 1 - Excerpts of Plaintiffs' Responses and Objections to the Credit Suisse Defendants' First Set of Interrogatories, #2 Exhibit 2 - Excerpts of the Class Certification Report of Hal J. Singer, Ph.D., #3 Exhibit 3 - Excerpts of the Rebuttal Report of Hal J. Singer, Ph.D., #4 Exhibit 4 - Plaintiffs' Proposed Verdict Form, #5 Exhibit 5 - Credit Suisse Defendants' Proposed Verdict Form, #6 Exhibit 6 - Excerpts of Plaintiffs' Proposed Jury Instructions).(Hall, Jason)
August 19, 2022 Opinion or Order Filing 1832 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #1770 MOTION in Limine No. 9 to Exclude Communications Without a Direct Connection to United States Commerce. . Document filed by Michael J. Smith, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Michael Melissinos, Oklahoma Firefighters Pension and Retirement System, Izee Trading Company, J. Paul Antonello, Value Recovery Fund LLC, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, State-Boston Retirement System, Casey Sterk, Employees' Retirement System of Puerto Rico Electric Power Authority, Peter Rives, Tiberius OC Fund, Ltd., Robert Miller, Haverhill Retirement System, John Kerstein, Thomas Gramatis, Mark Miller, Marc G. Frederighi, Aureus Currency Fund, L.P., Richard Preschern dba Preschern Trading, Doug Harvey, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Systrax Corporation, Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. Motion or Order to File Under Seal: #1791 .(Burke, Christopher)
August 19, 2022 Opinion or Order Filing 1831 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #1750 MOTION in Limine No. 6 to Exclude Evidence Concerning the Board of Governors of the Federal Reserve Systems Investigation of and Findings Concerning Peter Little and Michael Weston. . Document filed by Michael J. Smith, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Michael Melissinos, Oklahoma Firefighters Pension and Retirement System, Izee Trading Company, J. Paul Antonello, Value Recovery Fund LLC, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, State-Boston Retirement System, Casey Sterk, Employees' Retirement System of Puerto Rico Electric Power Authority, Peter Rives, Tiberius OC Fund, Ltd., Robert Miller, Haverhill Retirement System, John Kerstein, Thomas Gramatis, Mark Miller, Marc G. Frederighi, Aureus Currency Fund, L.P., Richard Preschern dba Preschern Trading, Doug Harvey, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Systrax Corporation, Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. Motion or Order to File Under Seal: #1791 .(Burke, Christopher)
August 19, 2022 Opinion or Order Filing 1830 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #1744 MOTION in Limine No. 5 to Exclude Evidence of Non-Credit Suisse Consent Orders and Regulatory Settlements. . Document filed by Michael J. Smith, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Michael Melissinos, Oklahoma Firefighters Pension and Retirement System, Izee Trading Company, J. Paul Antonello, Value Recovery Fund LLC, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, State-Boston Retirement System, Casey Sterk, Employees' Retirement System of Puerto Rico Electric Power Authority, Peter Rives, Tiberius OC Fund, Ltd., Robert Miller, Haverhill Retirement System, John Kerstein, Thomas Gramatis, Mark Miller, Marc G. Frederighi, Aureus Currency Fund, L.P., Richard Preschern dba Preschern Trading, Doug Harvey, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Systrax Corporation, Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. Motion or Order to File Under Seal: #1791 .(Burke, Christopher)
August 19, 2022 Opinion or Order Filing 1829 PRETRIAL MEMORANDUM. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
August 19, 2022 Opinion or Order Filing 1828 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #1736 MOTION in Limine No. 4 to Exclude Factual Admissions Contained in Guilty Pleas and Plea Allocutions of Non-Credit Suisse Persons and Entities. . Document filed by Michael J. Smith, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Michael Melissinos, Oklahoma Firefighters Pension and Retirement System, Izee Trading Company, J. Paul Antonello, Value Recovery Fund LLC, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, State-Boston Retirement System, Casey Sterk, Employees' Retirement System of Puerto Rico Electric Power Authority, Peter Rives, Tiberius OC Fund, Ltd., Robert Miller, Haverhill Retirement System, John Kerstein, Thomas Gramatis, Mark Miller, Marc G. Frederighi, Richard Preschern dba Preschern Trading, Doug Harvey, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Augustus International Master Fund, L.P., Systrax Corporation, Aureus Currency Fund, L.P., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. Motion or Order to File Under Seal: #1791 .(Burke, Christopher)
August 19, 2022 Opinion or Order Filing 1827 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #1714 MOTION in Limine No. 2 to Exclude the Testimony of Persons Invoking the Fifth Amendment Protection Against Self-Incrimination. . Document filed by Michael J. Smith, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Michael Melissinos, Oklahoma Firefighters Pension and Retirement System, Izee Trading Company, J. Paul Antonello, Value Recovery Fund LLC, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, State-Boston Retirement System, Casey Sterk, Employees' Retirement System of Puerto Rico Electric Power Authority, Peter Rives, Tiberius OC Fund, Ltd., Robert Miller, Haverhill Retirement System, John Kerstein, Thomas Gramatis, Mark Miller, Marc G. Frederighi, Aureus Currency Fund, L.P., Richard Preschern dba Preschern Trading, Doug Harvey, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Systrax Corporation, Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. Motion or Order to File Under Seal: #1791 .(Burke, Christopher)
August 19, 2022 Opinion or Order Filing 1826 DECLARATION of Christopher M. Burke in Opposition re: #1764 MOTION in Limine No. 8 to Exclude Evidence Concerning Subsequent Remedial Measures., #1710 MOTION in Limine No. 1 to Exclude Evidence of Consent Order with the New York State Department of Financial Services., #1770 MOTION in Limine No. 9 to Exclude Communications Without a Direct Connection to United States Commerce., #1750 MOTION in Limine No. 6 to Exclude Evidence Concerning the Board of Governors of the Federal Reserve Systems Investigation of and Findings Concerning Peter Little and Michael Weston., #1744 MOTION in Limine No. 5 to Exclude Evidence of Non-Credit Suisse Consent Orders and Regulatory Settlements., #1726 MOTION in Limine No. 3 to Exclude Evidence of Criminal Prosecutions of Non-Credit Suisse Persons and Entities., #1775 MOTION in Limine No. 10 to Exclude Other Bad Acts Evidence., #1758 MOTION in Limine No. 7 to Exclude Internal Bank Policies Evidence., #1714 MOTION in Limine No. 2 to Exclude the Testimony of Persons Invoking the Fifth Amendment Protection Against Self-Incrimination., #1736 MOTION in Limine No. 4 to Exclude Factual Admissions Contained in Guilty Pleas and Plea Allocutions of Non-Credit Suisse Persons and Entities., #1779 MOTION in Limine No. 11 to Preclude Keith Underwood From Testifying and to Exclude Reports and Statements Authored by Keith Underwood in Separate Proceedings Involving UBS AG.. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit F - November 13, 2017 Excerpts of Consent Order, #2 Exhibit G - November 13, 2017 Press Release, #3 Exhibit H - November 29, 2018 Excerpts of Deposition Transcript [Placeholder], #4 Exhibit I - December 5, 2019 Excerpts of Deposition Transcript [Placeholder], #5 Exhibit J - May 20, 2015 Excerpts of Plea Agreement, #6 Exhibit K- May 20, 2015 Excerpts of Plea Agreement, #7 Exhibit L - May 20, 2015 Excerpts of Plea Agreement, #8 Exhibit M - May 20, 2015 Excerpts Plea Agreement, #9 Exhibit N - May 20, 2015 Excerpts of Plea Agreement and Exhibit 1, thereto, #10 Exhibit O - January 4, 2017 Excerpts of Plea Agreement [Redacted], #11 Exhibit P - January 13, 2017 Excerpts of Plea Agreement (S.D.N.Y.) [Placeholder], #12 Exhibit Q - February 2, 2018 Excerpts of Plea Agreement, #13 Exhibit R- October 02, 2020 Excerpts of Conviction, #14 Exhibit S - May 2, 2022 Excerpts of Decision Affirming Judgment, #15 Exhibit T - November 4, 2019 Excerpts of Hearing Transcript [Redacted], #16 Exhibit U - May 20, 2015 Excerpts of Consent Order, #17 Exhibit V - May 20, 2015 Press Release, #18 Exhibit W - October 30, 2020 Excerpts of Deposition Transcript [Placeholder], #19 Exhibit X - November 11, 2014 Excerpts of Consent Order, #20 Exhibit Y - May 24, 2017 Excerpts of Consent Order, #21 Exhibit Z - January 29, 2019 Excerpts of Consent Order, #22 Exhibit AA - May 1, 2018 Excerpts of Consent Order, #23 Exhibit BB - November 11, 2014 Excerpts of Order, #24 Exhibit CC - December 16, 2020 Excerpts of Deposition Transcript [Placeholder], #25 Exhibit DD - September 13, 2018 Excerpts of Hearing Transcript, [Redacted], #26 Exhibit EE - December 11, 2019 Excerpts of the Deposition Transcript [Placeholder], #27 Exhibit FF - December 5, 2018 Excerpts of Deposition Transcript [Placeholder], #28 Exhibit GG - June 5, 2020 Excerpts of Deposition Transcript [Placeholder], #29 Exhibit HH - September 24, 2019 Excerpts of Hearing Transcript United States v. Aiyer, No. 1:18-cr-00333 (ECF 119) (S.D.N.Y.) [Redacted], #30 Exhibit II - Excerpts of trader chat room transcript, CS-FXLIT-06143903-907 [Redacted], #31 Exhibit JJ - Excerpts of trader chat room transcript, BARC-FX-CIV_00098338-347 [Redacted], #32 Exhibit KK - October 25, 2018 Excerpts of Expert Report of Keith Underwood, #33 Exhibit LL - November 30, 2016 Excerpts of the Expert Report Prepared by Keith D. Underwood[Redacted], #34 Exhibit MM - December 10, 2018 Excerpts of the Expert Report Prepared by Keith Underwood [Redacted], #35 Exhibit NN January 23, 2020 Excerpts of the Merits Report of Hal J. Singer Ph.D. [Redacted], #36 Exhibit OO - March 12, 2020 Excerpts of Expert Report of Prof. Justin McCrary, #37 Exhibit PP - July 30, 2020 Excerpts of the Deposition Transcript of Justin McCrary [Placeholder], #38 Exhibit QQ - January 16, 2019 Excerpts of the Deposition Transcript of Keith Underwood [Placeholder], #39 Exhibit RR - November 11, 2014 Excerpts of Order).(Burke, Christopher)
August 19, 2022 Opinion or Order Filing 1825 MEMORANDUM OF LAW in Opposition re: #1779 MOTION in Limine No. 11 to Preclude Keith Underwood From Testifying and to Exclude Reports and Statements Authored by Keith Underwood in Separate Proceedings Involving UBS AG. [Redacted]. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
August 19, 2022 Opinion or Order Filing 1824 MEMORANDUM OF LAW in Opposition re: #1775 MOTION in Limine No. 10 to Exclude Other Bad Acts Evidence. . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
August 19, 2022 Opinion or Order Filing 1823 MEMORANDUM OF LAW in Opposition re: #1770 MOTION in Limine No. 9 to Exclude Communications Without a Direct Connection to United States Commerce. [Redacted]. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
August 19, 2022 Opinion or Order Filing 1822 MEMORANDUM OF LAW in Opposition re: #1764 MOTION in Limine No. 8 to Exclude Evidence Concerning Subsequent Remedial Measures. . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
August 19, 2022 Opinion or Order Filing 1821 BRIEF re: #1810 Letter, Memorandum of Law In Support of Plaintiffs Proposed Verdict Form and Jury Instructions. Document filed by J. Paul Antonello, Augustus International Master Fund, L.P., Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Marc G. Frederighi, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Newport News Employees' Retirement Fund, John Nypl, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., Value Recovery Fund LLC..(Burke, Christopher)
August 19, 2022 Opinion or Order Filing 1820 MEMORANDUM OF LAW in Opposition re: #1758 MOTION in Limine No. 7 to Exclude Internal Bank Policies Evidence. . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
August 19, 2022 Opinion or Order Filing 1819 MEMORANDUM OF LAW in Opposition re: #1750 MOTION in Limine No. 6 to Exclude Evidence Concerning the Board of Governors of the Federal Reserve Systems Investigation of and Findings Concerning Peter Little and Michael Weston. [Redacted]. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
August 19, 2022 Opinion or Order Filing 1818 MEMORANDUM OF LAW in Opposition re: #1744 MOTION in Limine No. 5 to Exclude Evidence of Non-Credit Suisse Consent Orders and Regulatory Settlements. [Redacted]. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
August 19, 2022 Opinion or Order Filing 1817 MEMORANDUM OF LAW in Opposition re: #1736 MOTION in Limine No. 4 to Exclude Factual Admissions Contained in Guilty Pleas and Plea Allocutions of Non-Credit Suisse Persons and Entities. [Redacted]. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
August 19, 2022 Opinion or Order Filing 1816 MEMORANDUM OF LAW in Opposition re: #1726 MOTION in Limine No. 3 to Exclude Evidence of Criminal Prosecutions of Non-Credit Suisse Persons and Entities. . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
August 19, 2022 Opinion or Order Filing 1815 MEMORANDUM OF LAW in Opposition re: #1714 MOTION in Limine No. 2 to Exclude the Testimony of Persons Invoking the Fifth Amendment Protection Against Self-Incrimination. [Redacted]. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
August 19, 2022 Opinion or Order Filing 1814 MEMORANDUM OF LAW in Opposition re: #1710 MOTION in Limine No. 1 to Exclude Evidence of Consent Order with the New York State Department of Financial Services. . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
August 19, 2022 Opinion or Order Filing 1813 PROPOSED VOIR DIRE QUESTIONS. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit 1 - Plaintiffs' Proposed Voir Dire, #2 Exhibit 2 - Credit Suisse Defendants' Proposed Jury Questionnaire).(Washer, Herbert)
August 19, 2022 Opinion or Order Filing 1812 REQUEST TO CHARGE. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit 1 - Plaintiffs' Proposed Verdict Form, #2 Exhibit 2 - Credit Suisse Defendants' Proposed Verdict Form).(Washer, Herbert)
August 19, 2022 Opinion or Order Filing 1811 PROPOSED JURY INSTRUCTIONS. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit 1 - Plaintiffs' Case-Specific Proposed Jury Instructions, #2 Exhibit 2 - Credit Suisse Defendants' Case-Specific Proposed Jury Instructions).(Washer, Herbert)
August 19, 2022 Opinion or Order Filing 1810 JOINT LETTER addressed to Judge Lorna G. Schofield from Herbert S. Washer, Christopher M. Burke, and Michael D. Hausfeld dated August 19, 2022 re: August 19, 2022 joint filing of case-specific jury instructions, verdict forms, and voir dire. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
August 19, 2022 Opinion or Order Filing 1809 ***SELECTED PARTIES***DECLARATION of Herbert S. Washer in Opposition re: #1754 MOTION in Limine No. 8 to Exclude Expert Testimony Regarding Intent, State of Mind or Motive.. Document filed by Credit Suisse Group AG, Credit Suisse AG, Credit Suisse Securities (USA) LLC, J. Paul Antonello, Augustus International Master Fund, L.P., Aureus Currency Fund, L.P., Citigroup, N.A., Employees' Retirement System of Puerto Rico Electric Power Authority, Marc G. Frederighi, Goldman Sachs & Co. LLC, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Newport News Employees' Retirement Fund, John Nypl, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Settling Defendants, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., Value Recovery Fund LLC. (Attachments: #1 Exhibit 8-3: Excerpts of Rebuttal Report of Hal J. Singer)Motion or Order to File Under Seal: #1791 .(Washer, Herbert)
August 19, 2022 Opinion or Order Filing 1808 DECLARATION of Herbert S. Washer in Opposition re: #1754 MOTION in Limine No. 8 to Exclude Expert Testimony Regarding Intent, State of Mind or Motive.. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit 8-1: Email between Walter Noss and Miles Wiley, #2 Exhibit 8-2: Proposed Order, #3 Exhibit 8-3: [Redacted] Excerpts of Rebuttal Report of Hal J. Singer).(Washer, Herbert)
August 19, 2022 Opinion or Order Filing 1807 MEMORANDUM OF LAW in Opposition re: #1754 MOTION in Limine No. 8 to Exclude Expert Testimony Regarding Intent, State of Mind or Motive. . Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
August 19, 2022 Opinion or Order Filing 1806 MEMORANDUM OF LAW in Opposition re: #1747 MOTION in Limine No. 7 to Exclude Argument and Evidence Conflating Spread Pricing Information with "Market Color". . Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
August 19, 2022 Opinion or Order Filing 1805 ***SELECTED PARTIES***DECLARATION of Herbert S. Washer in Opposition re: #1740 MOTION in Limine No. 6 to Exclude Testimony and Argument that This Case Involves Multiple Markets.. Document filed by Credit Suisse Group AG, Credit Suisse AG, Credit Suisse Securities (USA) LLC, J. Paul Antonello, Augustus International Master Fund, L.P., Aureus Currency Fund, L.P., Citigroup, N.A., Employees' Retirement System of Puerto Rico Electric Power Authority, Marc G. Frederighi, Goldman Sachs & Co. LLC, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Newport News Employees' Retirement Fund, John Nypl, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Settling Defendants, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., Value Recovery Fund LLC. (Attachments: #1 Exhibit 6-3: Excerpts of Merits Report of Hal J. Singer)Motion or Order to File Under Seal: #1791 .(Washer, Herbert)
August 19, 2022 Opinion or Order Filing 1804 DECLARATION of Herbert S. Washer in Opposition re: #1740 MOTION in Limine No. 6 to Exclude Testimony and Argument that This Case Involves Multiple Markets.. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit 6-1: Email between Walter Noss and Miles Wiley, #2 Exhibit 6-2: Proposed Order, #3 Exhibit 6-3: [Redacted] Excerpts of Merits Report of Hal J. Singer, #4 Exhibit 6-4: Excerpts of Expert Report of Divya Mathur).(Washer, Herbert)
August 19, 2022 Opinion or Order Filing 1803 MEMORANDUM OF LAW in Opposition re: #1740 MOTION in Limine No. 6 to Exclude Testimony and Argument that This Case Involves Multiple Markets. . Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
August 19, 2022 Opinion or Order Filing 1802 ***SELECTED PARTIES***DECLARATION of Herbert S. Washer in Opposition re: #1733 MOTION in Limine No. 5 For Order that Co-Conspirator Statements Are Within the Fed. R. Evid. 801(d)(2)(E) Hearsay Exclusion.. Document filed by Credit Suisse Group AG, Credit Suisse AG, Credit Suisse Securities (USA) LLC, J. Paul Antonello, Augustus International Master Fund, L.P., Aureus Currency Fund, L.P., Citigroup, N.A., Employees' Retirement System of Puerto Rico Electric Power Authority, Marc G. Frederighi, Goldman Sachs & Co. LLC, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Newport News Employees' Retirement Fund, John Nypl, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Settling Defendants, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., Value Recovery Fund LLC. (Attachments: #1 Exhibit 5-1: Excerpts of multibank chat, #2 Exhibit 5-3: Excerpts of Deposition Transcript, #3 Exhibit 5-4: Excerpts of Deposition Transcript, #4 Exhibit 5-5: Excerpts of multibank chat)Motion or Order to File Under Seal: #1791 .(Washer, Herbert)
August 19, 2022 Opinion or Order Filing 1801 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #1733 MOTION in Limine No. 5 For Order that Co-Conspirator Statements Are Within the Fed. R. Evid. 801(d)(2)(E) Hearsay Exclusion. . Document filed by Credit Suisse Group AG, Credit Suisse AG, Credit Suisse Securities (USA) LLC, J. Paul Antonello, Augustus International Master Fund, L.P., Aureus Currency Fund, L.P., Citigroup, N.A., Employees' Retirement System of Puerto Rico Electric Power Authority, Marc G. Frederighi, Goldman Sachs & Co. LLC, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Newport News Employees' Retirement Fund, John Nypl, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Settling Defendants, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., Value Recovery Fund LLC. Motion or Order to File Under Seal: #1791 .(Washer, Herbert)
August 19, 2022 Opinion or Order Filing 1800 DECLARATION of Herbert S. Washer [Redacted] in Opposition re: #1733 MOTION in Limine No. 5 For Order that Co-Conspirator Statements Are Within the Fed. R. Evid. 801(d)(2)(E) Hearsay Exclusion.. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit 5-1: [Redacted] Excerpts of multibank chat, #2 Exhibit 5-2: Excerpts of Expert Report of Divya Mathur, #3 Exhibit 5-3: [Redacted] Excerpts of Deposition Transcript, #4 Exhibit 5-4: [Redacted] Excerpts of Deposition Transcript, #5 Exhibit 5-5: [Redacted] Excerpts of multibank chat).(Washer, Herbert)
August 19, 2022 Opinion or Order Filing 1799 MEMORANDUM OF LAW in Opposition re: #1733 MOTION in Limine No. 5 For Order that Co-Conspirator Statements Are Within the Fed. R. Evid. 801(d)(2)(E) Hearsay Exclusion. [Redacted]. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
August 19, 2022 Opinion or Order Filing 1798 ***SELECTED PARTIES***DECLARATION of Herbert S. Washer in Opposition re: #1722 MOTION in Limine No. 3 to Exclude Evidence and Testimony About Existence of the Conspiracy and Anticompetitive Conduct Through Defense Expert Witnesses.. Document filed by Credit Suisse Group AG, Credit Suisse AG, Credit Suisse Securities (USA) LLC, J. Paul Antonello, Augustus International Master Fund, L.P., Aureus Currency Fund, L.P., Citigroup, N.A., Employees' Retirement System of Puerto Rico Electric Power Authority, Marc G. Frederighi, Goldman Sachs & Co. LLC, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Newport News Employees' Retirement Fund, John Nypl, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Settling Defendants, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., Value Recovery Fund LLC. (Attachments: #1 Exhibit 3-3: Excerpts of Merits Report of Hal J. Singer, #2 Exhibit 3-4: Excerpts of Merits Rebuttal Report of Hal J. Singer, #3 Exhibit 3-5: Excerpts of Rebuttal Report of Hal J. Singer)Motion or Order to File Under Seal: #1791 .(Washer, Herbert)
August 19, 2022 Opinion or Order Filing 1797 DECLARATION of Herbert S. Washer in Opposition re: #1722 MOTION in Limine No. 3 to Exclude Evidence and Testimony About Existence of the Conspiracy and Anticompetitive Conduct Through Defense Expert Witnesses.. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit 3-1: Email between Walter Noss and Miles Wiley, #2 Exhibit 3-2: Proposed Order, #3 Exhibit 3-3: [Redacted] Excerpts of Merits Report of Hal J. Singer, #4 Exhibit 3-4: [Redacted] Excerpts of Merits Rebuttal Report of Hal J. Singer, #5 Exhibit 3-5: [Redacted] Excerpts of Rebuttal Report of Hal J. Singer, #6 Exhibit 3-6: Excerpts of Expert Report of Michael Melvin, #7 Exhibit 3-7: Excerpts of US v. Usher Trial).(Washer, Herbert)
August 19, 2022 Opinion or Order Filing 1796 MEMORANDUM OF LAW in Opposition re: #1722 MOTION in Limine No. 3 to Exclude Evidence and Testimony About Existence of the Conspiracy and Anticompetitive Conduct Through Defense Expert Witnesses. . Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
August 19, 2022 Opinion or Order Filing 1795 ***SELECTED PARTIES***DECLARATION of Herbert S. Washer in Opposition re: #1719 MOTION in Limine No. 2 to Exclude Evidence and Argument Regarding Purported Pro-Competitive Justifications or Absence of Anticompetitive Effects.. Document filed by Credit Suisse Group AG, Credit Suisse AG, Credit Suisse Securities (USA) LLC, J. Paul Antonello, Augustus International Master Fund, L.P., Aureus Currency Fund, L.P., Citigroup, N.A., Employees' Retirement System of Puerto Rico Electric Power Authority, Marc G. Frederighi, Goldman Sachs & Co. LLC, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Newport News Employees' Retirement Fund, John Nypl, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Settling Defendants, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., Value Recovery Fund LLC. (Attachments: #1 Exhibit 2-2: Excerpts of Deposition, #2 Exhibit 2-3: Excerpts of Deposition, #3 Exhibit 2-4: Excerpts of Deposition, #4 Exhibit 2-5: Excerpts of Merits Report of Hal J. Singer)Motion or Order to File Under Seal: #1791 .(Washer, Herbert)
August 19, 2022 Opinion or Order Filing 1794 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #1719 MOTION in Limine No. 2 to Exclude Evidence and Argument Regarding Purported Pro-Competitive Justifications or Absence of Anticompetitive Effects. . Document filed by Credit Suisse Group AG, Credit Suisse AG, Credit Suisse Securities (USA) LLC, J. Paul Antonello, Augustus International Master Fund, L.P., Aureus Currency Fund, L.P., Citigroup, N.A., Employees' Retirement System of Puerto Rico Electric Power Authority, Marc G. Frederighi, Goldman Sachs & Co. LLC, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Newport News Employees' Retirement Fund, John Nypl, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Settling Defendants, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., Value Recovery Fund LLC. Motion or Order to File Under Seal: #1791 .(Washer, Herbert)
August 19, 2022 Opinion or Order Filing 1793 DECLARATION of Herbert S. Washer [Redacted] in Opposition re: #1719 MOTION in Limine No. 2 to Exclude Evidence and Argument Regarding Purported Pro-Competitive Justifications or Absence of Anticompetitive Effects.. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit 2-1: Excerpts of Expert Report of Michael Melvin, #2 Exhibit 2-2: [Redacted] Excerpts of Deposition, #3 Exhibit 2-3: [Redacted] Excerpts of Deposition, #4 Exhibit 2-4: [Redacted] Excerpts of Deposition, #5 Exhibit 2-5: [Redacted] Excerpts of Merits Report of Hal J. Singer, #6 Exhibit 2-6: Excerpts of Rebuttal Report of Hal J. Singer, #7 Exhibit 2-7: Excerpts of Expert Report of Divya Mathur, #8 Exhibit 2-8: Excerpts of Merits Report of Allan W. Kleidon).(Washer, Herbert)
August 19, 2022 Opinion or Order Filing 1792 MEMORANDUM OF LAW in Opposition re: #1719 MOTION in Limine No. 2 to Exclude Evidence and Argument Regarding Purported Pro-Competitive Justifications or Absence of Anticompetitive Effects. . Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
August 19, 2022 Opinion or Order Filing 1791 JOINT LETTER MOTION to Seal Portions of Papers in Opposition to Motions in Limine addressed to Judge Lorna G. Schofield from Herbert S. Washer, Christopher M. Burke, and Michael D. Hausfeld dated August 19, 2022. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Appendix A: List of Proposed Redacted and Sealed Documents, #2 Appendix B: List of Parties and Attorneys of Record Who Should Have Access to the Redacted or Sealed Documents).(Washer, Herbert)
August 19, 2022 Opinion or Order Filing 1790 STIPULATION AND ORDER: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between counsel for the Parties, as follows: 1. Percipient witnesses, but not expert witnesses, are excluded from the courtroom unless they are testifying, with the exception of one corporate representative for Plaintiffs and one corporate representative for Defendants. 2. Nothing herein shall be read to limit either party's ability to bring to trial additional corporate representatives who are not percipient witnesses (e.g., in-house counsel); 3. Plaintiffs withdraw Motion in Limine No. 1 to Exclude Percipient Witnesses from the Courtroom Unless They Are Testifying, and Plaintiffs' Motion shall be DENIED as moot. So Ordered. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 1712., Motions terminated: #1712 MOTION in Limine No. 1 to Exclude Percipient Witnesses from the Courtroom Unless They Are Testifying. filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, Casey Sterk, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller. (Signed by Judge Lorna G. Schofield on 8/19/2022) (ks)
August 19, 2022 Opinion or Order Filing 1789 STIPULATION AND ORDER: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between counsel for the Parties, as follows: 1. The parties hereby agree not to mention the existence of treble damages or attorneys' fees during the trial of the above-captioned action; 2. Plaintiffs withdraw Motion in Limine No. 4 to Exclude Mention of Treble Damages or Attorneys' Fees, and Plaintiffs' Motion shall be DENIED as moot. So Ordered. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 1728., Motions terminated: #1728 MOTION in Limine No. 4 to Exclude Mention of Treble Damages or Attorneys' Fees. filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, Casey Sterk, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller. (Signed by Judge Lorna G. Schofield on 8/19/2022) (ks)
August 19, 2022 Opinion or Order Filing 1788 PROPOSED STIPULATION AND ORDER. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Hall, Jason)
August 19, 2022 Opinion or Order Filing 1787 PROPOSED STIPULATION AND ORDER. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Hall, Jason)
August 17, 2022 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #1786 MOTION for Jose Roman Lavergne to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26557004. 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 Florida; Ink Signature Needed When Not Using Own Pacer Account;. Re-file the motion as a 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. (sgz)
August 16, 2022 Opinion or Order Filing 1786 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jose Roman Lavergne to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26557004. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System. (Attachments: #1 Affidavit of Jose Roman Lavergne, #2 Exhibit Certificate of Good Standing - District of Columbia, #3 Exhibit Certificate of Good Standing - Florida, #4 Text of Proposed Order Text of Proposed Order).(Kearns, Timothy) Modified on 8/17/2022 (sgz).
August 15, 2022 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #1730 Proposed Order #1745 Proposed Order #1725 Proposed Order #1737 Proposed Order #1718 Proposed Order #1721 Proposed Order #1751 Proposed Order #1760 Proposed Order was reviewed and approved as to form. (km)
August 12, 2022 Opinion or Order Filing 1785 DECLARATION of Christopher M. Burke in Support re: #1747 MOTION in Limine No. 7 to Exclude Argument and Evidence Conflating Spread Pricing Information with "Market Color"., #1722 MOTION in Limine No. 3 to Exclude Evidence and Testimony About Existence of the Conspiracy and Anticompetitive Conduct Through Defense Expert Witnesses., #1728 MOTION in Limine No. 4 to Exclude Mention of Treble Damages or Attorneys' Fees., #1719 MOTION in Limine No. 2 to Exclude Evidence and Argument Regarding Purported Pro-Competitive Justifications or Absence of Anticompetitive Effects., #1740 MOTION in Limine No. 6 to Exclude Testimony and Argument that This Case Involves Multiple Markets., #1754 MOTION in Limine No. 8 to Exclude Expert Testimony Regarding Intent, State of Mind or Motive., #1712 MOTION in Limine No. 1 to Exclude Percipient Witnesses from the Courtroom Unless They Are Testifying., #1733 MOTION in Limine No. 5 For Order that Co-Conspirator Statements Are Within the Fed. R. Evid. 801(d)(2)(E) Hearsay Exclusion.. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A - Excerpted 3/12/20 Melvin Expert Report [Redacted], #2 Exhibit B - Excerpted 7/23/20 Melvin Deposition Transcript, #3 Exhibit C - Excerpted 3/12/20 Kleidon Expert Report, #4 Exhibit D - Excerpted 8/13/20 Robin Expert Reply Report, #5 Exhibit E - Excerpted 11/11/14 Consent Order).(Burke, Christopher)
August 12, 2022 Opinion or Order Filing 1784 ***SELECTED PARTIES*** LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 08/12/2022 re: Motion to Seal. Document filed by Credit Suisse Group AG, Michael J. Smith, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Michael Melissinos, Oklahoma Firefighters Pension and Retirement System, Izee Trading Company, J. Paul Antonello, Value Recovery Fund LLC, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, State-Boston Retirement System, Casey Sterk, Employees' Retirement System of Puerto Rico Electric Power Authority, Peter Rives, Tiberius OC Fund, Ltd., Robert Miller, Haverhill Retirement System, John Kerstein, Credit Suisse AG, Thomas Gramatis, Mark Miller, Marc G. Frederighi, Aureus Currency Fund, L.P., Richard Preschern dba Preschern Trading, Doug Harvey, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Credit Suisse Securities (USA) LLC, Systrax Corporation. (Attachments: #1 Exhibit A - Proposed Redactions to Excerpted 3/12/20 Melvin Expert Report)Motion or Order to File Under Seal: #1762 .(Burke, Christopher)
August 12, 2022 Opinion or Order Filing 1783 ***SELECTED PARTIES***DECLARATION of Herbert S. Washer in Support re: #1779 MOTION in Limine No. 11 to Preclude Keith Underwood From Testifying and to Exclude Reports and Statements Authored by Keith Underwood in Separate Proceedings Involving UBS AG.. Document filed by Credit Suisse Group AG, Credit Suisse AG, Credit Suisse Securities (USA) LLC, J. Paul Antonello, Augustus International Master Fund, L.P., Aureus Currency Fund, L.P., Citigroup, N.A., Employees' Retirement System of Puerto Rico Electric Power Authority, Marc G. Frederighi, Goldman Sachs & Co. LLC, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Newport News Employees' Retirement Fund, John Nypl, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Settling Defendants, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., Value Recovery Fund LLC. (Attachments: #1 Exhibit 11-1: Excerpts of Underwood Report, #2 Exhibit 11-2: Excerpts of Underwood Report)Motion or Order to File Under Seal: #1709 .(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1782 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #1779 MOTION in Limine No. 11 to Preclude Keith Underwood From Testifying and to Exclude Reports and Statements Authored by Keith Underwood in Separate Proceedings Involving UBS AG. . Document filed by Credit Suisse Group AG, Credit Suisse AG, Credit Suisse Securities (USA) LLC, J. Paul Antonello, Augustus International Master Fund, L.P., Aureus Currency Fund, L.P., Citigroup, N.A., Employees' Retirement System of Puerto Rico Electric Power Authority, Marc G. Frederighi, Goldman Sachs & Co. LLC, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Newport News Employees' Retirement Fund, John Nypl, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Settling Defendants, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., Value Recovery Fund LLC. Motion or Order to File Under Seal: #1709 .(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1781 DECLARATION of Herbert S. Washer in Support re: #1779 MOTION in Limine No. 11 to Preclude Keith Underwood From Testifying and to Exclude Reports and Statements Authored by Keith Underwood in Separate Proceedings Involving UBS AG.. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit 11-1: [Redacted] Excerpts of Underwood Report, #2 Exhibit 11-2: [Redacted] Excerpts of Underwood Report).(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1780 MEMORANDUM OF LAW in Support re: #1779 MOTION in Limine No. 11 to Preclude Keith Underwood From Testifying and to Exclude Reports and Statements Authored by Keith Underwood in Separate Proceedings Involving UBS AG. [Redacted]. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1779 MOTION in Limine No. 11 to Preclude Keith Underwood From Testifying and to Exclude Reports and Statements Authored by Keith Underwood in Separate Proceedings Involving UBS AG. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1778 ***SELECTED PARTIES***DECLARATION of Herbert S. Washer in Support re: #1775 MOTION in Limine No. 10 to Exclude Other Bad Acts Evidence.. Document filed by Credit Suisse Group AG, Credit Suisse AG, Credit Suisse Securities (USA) LLC, J. Paul Antonello, Augustus International Master Fund, L.P., Aureus Currency Fund, L.P., Citigroup, N.A., Employees' Retirement System of Puerto Rico Electric Power Authority, Marc G. Frederighi, Goldman Sachs & Co. LLC, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Newport News Employees' Retirement Fund, John Nypl, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Settling Defendants, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., Value Recovery Fund LLC. (Attachments: #1 Exhibit 10-1: Excerpts of Bloomberg chat, #2 Exhibit 10-2: Excerpts of Bloomberg chat)Motion or Order to File Under Seal: #1709 .(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1777 DECLARATION of Herbert S. Washer in Support re: #1775 MOTION in Limine No. 10 to Exclude Other Bad Acts Evidence.. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit 10-1: [Redacted] Excerpts of Bloomberg chat, #2 Exhibit 10-2: [Redacted] Excerpts of Bloomberg chat, #3 Exhibit 10-3: Sabre Order).(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1776 MEMORANDUM OF LAW in Support re: #1775 MOTION in Limine No. 10 to Exclude Other Bad Acts Evidence. . Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1775 MOTION in Limine No. 10 to Exclude Other Bad Acts Evidence. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1774 ***SELECTED PARTIES***DECLARATION of Herbert S. Washer in Support re: #1770 MOTION in Limine No. 9 to Exclude Communications Without a Direct Connection to United States Commerce.. Document filed by Credit Suisse Group AG, Credit Suisse AG, Credit Suisse Securities (USA) LLC, J. Paul Antonello, Augustus International Master Fund, L.P., Aureus Currency Fund, L.P., Citigroup, N.A., Employees' Retirement System of Puerto Rico Electric Power Authority, Marc G. Frederighi, Goldman Sachs & Co. LLC, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Newport News Employees' Retirement Fund, John Nypl, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Settling Defendants, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., Value Recovery Fund LLC. (Attachments: #1 Exhibit 9-1: Excerpts of Bloomberg chat, #2 Exhibit 9-2: Excerpts of Deposition Testimony, #3 Exhibit 9-3: Excerpts of Bloomberg chat, #4 Exhibit 9-4: Excerpts of Rebuttal Report of Hal J. Singer, Ph.D.)Motion or Order to File Under Seal: #1709 .(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1773 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #1770 MOTION in Limine No. 9 to Exclude Communications Without a Direct Connection to United States Commerce. . Document filed by Credit Suisse Group AG, Credit Suisse AG, Credit Suisse Securities (USA) LLC, J. Paul Antonello, Augustus International Master Fund, L.P., Aureus Currency Fund, L.P., Citigroup, N.A., Employees' Retirement System of Puerto Rico Electric Power Authority, Marc G. Frederighi, Goldman Sachs & Co. LLC, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Newport News Employees' Retirement Fund, John Nypl, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Settling Defendants, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., Value Recovery Fund LLC. Motion or Order to File Under Seal: #1709 .(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1772 DECLARATION of Herbert S. Washer in Support re: #1770 MOTION in Limine No. 9 to Exclude Communications Without a Direct Connection to United States Commerce.. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit 9-1: [Redacted] Excerpts of Bloomberg chat, #2 Exhibit 9-2: [Redacted] Excerpts of Deposition Testimony, #3 Exhibit 9-3: [Redacted] Excerpts of Bloomberg chat, #4 Exhibit 9-4: [Redacted] Excerpts of Rebuttal Report of Hal J. Singer, Ph.D.).(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1771 MEMORANDUM OF LAW in Support re: #1770 MOTION in Limine No. 9 to Exclude Communications Without a Direct Connection to United States Commerce. [Redacted]. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1770 MOTION in Limine No. 9 to Exclude Communications Without a Direct Connection to United States Commerce. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1769 ***SELECTED PARTIES***DECLARATION of Herbert S. Washer in Support re: #1764 MOTION in Limine No. 8 to Exclude Evidence Concerning Subsequent Remedial Measures.. Document filed by Credit Suisse Group AG, Credit Suisse AG, Credit Suisse Securities (USA) LLC, J. Paul Antonello, Augustus International Master Fund, L.P., Aureus Currency Fund, L.P., Citigroup, N.A., Employees' Retirement System of Puerto Rico Electric Power Authority, Marc G. Frederighi, Goldman Sachs & Co. LLC, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Newport News Employees' Retirement Fund, John Nypl, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Settling Defendants, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., Value Recovery Fund LLC. (Attachments: #1 Exhibit 8-1: Bloomberg chat, #2 Exhibit 8-2: Excerpts of Bloomberg chat, #3 Exhibit 8-3: Excerpts of Bloomberg chat, #4 Exhibit 8-4: Excerpts of Bloomberg chat, #5 Exhibit 8-5: Excerpts of Bloomberg chat, #6 Exhibit 8-6: Separation Agreement)Motion or Order to File Under Seal: #1709 .(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1768 DECLARATION of Herbert S. Washer (Corrected Version of ECF No. 1766) in Support re: #1764 MOTION in Limine No. 8 to Exclude Evidence Concerning Subsequent Remedial Measures.. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit 8-1: [Redacted] Bloomberg chat, #2 Exhibit 8-2: [Redacted] Excerpts of Bloomberg chat, #3 Exhibit 8-3: [Redacted] Excerpts of Bloomberg chat, #4 Exhibit 8-4: [Redacted] Excerpts of Bloomberg chat, #5 Exhibit 8-5: [Redacted] Excerpts of Bloomberg chat, #6 Exhibit 8-6: [Redacted] Separation Agreement).(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1767 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #1764 MOTION in Limine No. 8 to Exclude Evidence Concerning Subsequent Remedial Measures. . Document filed by Credit Suisse Group AG, Credit Suisse AG, Credit Suisse Securities (USA) LLC, J. Paul Antonello, Augustus International Master Fund, L.P., Aureus Currency Fund, L.P., Citigroup, N.A., Employees' Retirement System of Puerto Rico Electric Power Authority, Marc G. Frederighi, Goldman Sachs & Co. LLC, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Newport News Employees' Retirement Fund, John Nypl, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Settling Defendants, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., Value Recovery Fund LLC. Motion or Order to File Under Seal: #1709 .(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1766 DECLARATION of Herbert S. Washer in Support re: #1764 MOTION in Limine No. 8 to Exclude Evidence Concerning Subsequent Remedial Measures.. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit 8-1: [Redacted] Bloomberg chat, #2 Exhibit 8-2: [Redacted] Excerpts of Bloomberg chat, #3 Exhibit 8-3: [Redacted] Excerpts of Bloomberg chat, #4 Exhibit 8-4: [Redacted] Excerpts of Bloomberg chat, #5 Exhibit 8-5: [Redacted] Separation Agreement).(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1765 MEMORANDUM OF LAW in Support re: #1764 MOTION in Limine No. 8 to Exclude Evidence Concerning Subsequent Remedial Measures. [Redacted]. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1764 MOTION in Limine No. 8 to Exclude Evidence Concerning Subsequent Remedial Measures. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1763 ***SELECTED PARTIES***DECLARATION of Herbert S. Washer in Support re: #1758 MOTION in Limine No. 7 to Exclude Internal Bank Policies Evidence.. Document filed by Credit Suisse Group AG, Credit Suisse AG, Credit Suisse Securities (USA) LLC, J. Paul Antonello, Augustus International Master Fund, L.P., Aureus Currency Fund, L.P., Citigroup, N.A., Employees' Retirement System of Puerto Rico Electric Power Authority, Marc G. Frederighi, Goldman Sachs & Co. LLC, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Newport News Employees' Retirement Fund, John Nypl, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Settling Defendants, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., Value Recovery Fund LLC. (Attachments: #1 Exhibit 7-2: Policy, #2 Exhibit 7-3: Policy, #3 Exhibit 7-4: Policy, #4 Exhibit 7-5: Excerpts of Policy, #5 Exhibit 7-6: Excerpts of Policy, #6 Exhibit 7-7: Email)Motion or Order to File Under Seal: #1709 .(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1762 LETTER MOTION to Seal exhibit in support of Plaintiffs' Motions in Limine addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 08/12/2022. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
August 12, 2022 Opinion or Order Filing 1761 DECLARATION of Herbert S. Washer in Support re: #1758 MOTION in Limine No. 7 to Exclude Internal Bank Policies Evidence.. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit 7-1: In re Solodyn docket order, #2 Exhibit 7-2: [Redacted] Policy, #3 Exhibit 7-3: [Redacted] Policy, #4 Exhibit 7-4: [Redacted] Policy, #5 Exhibit 7-5: [Redacted] Excerpts of Policy, #6 Exhibit 7-6: [Redacted] Excerpts of Policy, #7 Exhibit 7-7: [Redacted] Email).(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1760 PROPOSED ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. Related Document Number: #1754 ..(Burke, Christopher) Proposed Order to be reviewed by Clerk's Office staff.
August 12, 2022 Opinion or Order Filing 1759 MEMORANDUM OF LAW in Support re: #1758 MOTION in Limine No. 7 to Exclude Internal Bank Policies Evidence. . Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1758 MOTION in Limine No. 7 to Exclude Internal Bank Policies Evidence. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1757 MEMORANDUM OF LAW in Support re: #1754 MOTION in Limine No. 8 to Exclude Expert Testimony Regarding Intent, State of Mind or Motive. . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
August 12, 2022 Opinion or Order Filing 1756 ***SELECTED PARTIES***DECLARATION of Herbert S. Washer in Support re: #1750 MOTION in Limine No. 6 to Exclude Evidence Concerning the Board of Governors of the Federal Reserve Systems Investigation of and Findings Concerning Peter Little and Michael Weston.. Document filed by Credit Suisse Group AG, Credit Suisse AG, Credit Suisse Securities (USA) LLC, J. Paul Antonello, Augustus International Master Fund, L.P., Aureus Currency Fund, L.P., Citigroup, N.A., Employees' Retirement System of Puerto Rico Electric Power Authority, Marc G. Frederighi, Goldman Sachs & Co. LLC, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Newport News Employees' Retirement Fund, John Nypl, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Settling Defendants, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., Value Recovery Fund LLC. (Attachments: #1 Exhibit 6-3: Excerpts of Deposition Testimony)Motion or Order to File Under Seal: #1709 .(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1755 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #1750 MOTION in Limine No. 6 to Exclude Evidence Concerning the Board of Governors of the Federal Reserve Systems Investigation of and Findings Concerning Peter Little and Michael Weston. . Document filed by Credit Suisse Group AG, Credit Suisse AG, Credit Suisse Securities (USA) LLC, J. Paul Antonello, Augustus International Master Fund, L.P., Aureus Currency Fund, L.P., Citigroup, N.A., Employees' Retirement System of Puerto Rico Electric Power Authority, Marc G. Frederighi, Goldman Sachs & Co. LLC, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Newport News Employees' Retirement Fund, John Nypl, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Settling Defendants, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., Value Recovery Fund LLC. Motion or Order to File Under Seal: #1709 .(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1754 MOTION in Limine No. 8 to Exclude Expert Testimony Regarding Intent, State of Mind or Motive. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
August 12, 2022 Opinion or Order Filing 1753 DECLARATION of Herbert S. Washer in Support re: #1750 MOTION in Limine No. 6 to Exclude Evidence Concerning the Board of Governors of the Federal Reserve Systems Investigation of and Findings Concerning Peter Little and Michael Weston.. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit 6-1: Excerpts of Federal Reserve Notice Concerning Peter Little, #2 Exhibit 6-2: Michael Weston Federal Reserve Cease and Desist, #3 Exhibit 6-3: [Redacted] Excerpts of Deposition Testimony, #4 Exhibit 6-4: Peter Little Federal Reserve Cease and Desist).(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1752 MEMORANDUM OF LAW in Support re: #1750 MOTION in Limine No. 6 to Exclude Evidence Concerning the Board of Governors of the Federal Reserve Systems Investigation of and Findings Concerning Peter Little and Michael Weston. [Redacted]. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1751 PROPOSED ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. Related Document Number: #1747 ..(Burke, Christopher) Proposed Order to be reviewed by Clerk's Office staff.
August 12, 2022 Opinion or Order Filing 1750 MOTION in Limine No. 6 to Exclude Evidence Concerning the Board of Governors of the Federal Reserve Systems Investigation of and Findings Concerning Peter Little and Michael Weston. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1749 MEMORANDUM OF LAW in Support re: #1747 MOTION in Limine No. 7 to Exclude Argument and Evidence Conflating Spread Pricing Information with "Market Color". . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
August 12, 2022 Opinion or Order Filing 1748 DECLARATION of Herbert S. Washer in Support re: #1744 MOTION in Limine No. 5 to Exclude Evidence of Non-Credit Suisse Consent Orders and Regulatory Settlements.. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit 5-1: Excerpts of HSBC CFTC Order, #2 Exhibit 5-2: Excerpts of RBS CFTC Order, #3 Exhibit 5-3: RBS Fed Reserve Order, #4 Exhibit 5-4: Barclays Fed Reserve Order, #5 Exhibit 5-5: Excerpts of BNP Paribas Fed Reserve Order, #6 Exhibit 5-6: Excerpts of Citi Fed Reserve Order, #7 Exhibit 5-7: Excerpts of RBS FCA Final Notice, #8 Exhibit 5-8: Excerpts of Barclays NYDFS Consent Order, #9 Exhibit 5-9: Excerpts of Deutsche Bank NYDFS Consent Order, #10 Exhibit 5-10: Excerpts of Goldman Sachs NYDFS Consent Order, #11 Exhibit 5-11: Excerpts of Standard Chartered NYDFS Consent Order, #12 Exhibit 5-12: Excerpts of Citi OCC Consent Order).(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1747 MOTION in Limine No. 7 to Exclude Argument and Evidence Conflating Spread Pricing Information with "Market Color". Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
August 12, 2022 Opinion or Order Filing 1746 MEMORANDUM OF LAW in Support re: #1744 MOTION in Limine No. 5 to Exclude Evidence of Non-Credit Suisse Consent Orders and Regulatory Settlements. . Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1745 PROPOSED ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. Related Document Number: #1740 ..(Burke, Christopher) Proposed Order to be reviewed by Clerk's Office staff.
August 12, 2022 Opinion or Order Filing 1744 MOTION in Limine No. 5 to Exclude Evidence of Non-Credit Suisse Consent Orders and Regulatory Settlements. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1743 ***SELECTED PARTIES***DECLARATION of Herbert S. Washer in Support re: #1736 MOTION in Limine No. 4 to Exclude Factual Admissions Contained in Guilty Pleas and Plea Allocutions of Non-Credit Suisse Persons and Entities.. Document filed by Credit Suisse Group AG, Credit Suisse AG, Credit Suisse Securities (USA) LLC, J. Paul Antonello, Augustus International Master Fund, L.P., Aureus Currency Fund, L.P., Citigroup, N.A., Employees' Retirement System of Puerto Rico Electric Power Authority, Marc G. Frederighi, Goldman Sachs & Co. LLC, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Newport News Employees' Retirement Fund, John Nypl, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Settling Defendants, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., Value Recovery Fund LLC. (Attachments: #1 Exhibit 4-3: Excerpts of Deposition Testimony, #2 Exhibit 4-4: Excerpts of Deposition Testimony)Motion or Order to File Under Seal: #1709 .(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1742 MEMORANDUM OF LAW in Support re: #1740 MOTION in Limine No. 6 to Exclude Testimony and Argument that This Case Involves Multiple Markets. . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
August 12, 2022 Opinion or Order Filing 1741 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #1736 MOTION in Limine No. 4 to Exclude Factual Admissions Contained in Guilty Pleas and Plea Allocutions of Non-Credit Suisse Persons and Entities. . Document filed by Credit Suisse Group AG, Credit Suisse AG, Credit Suisse Securities (USA) LLC, J. Paul Antonello, Augustus International Master Fund, L.P., Aureus Currency Fund, L.P., Citigroup, N.A., Employees' Retirement System of Puerto Rico Electric Power Authority, Marc G. Frederighi, Goldman Sachs & Co. LLC, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Newport News Employees' Retirement Fund, John Nypl, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Settling Defendants, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., Value Recovery Fund LLC. Motion or Order to File Under Seal: #1709 .(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1740 MOTION in Limine No. 6 to Exclude Testimony and Argument that This Case Involves Multiple Markets. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
August 12, 2022 Opinion or Order Filing 1739 DECLARATION of Herbert S. Washer in Support re: #1736 MOTION in Limine No. 4 to Exclude Factual Admissions Contained in Guilty Pleas and Plea Allocutions of Non-Credit Suisse Persons and Entities.. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit 4-1: Excerpts of Barclays Plea, #2 Exhibit 4-2: Excerpts of BNP Paribas Plea, #3 Exhibit 4-3: [Redacted] Excerpts of Deposition Testimony, #4 Exhibit 4-4: [Redacted] Excerpts of Deposition Testimony).(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1738 MEMORANDUM OF LAW in Support re: #1736 MOTION in Limine No. 4 to Exclude Factual Admissions Contained in Guilty Pleas and Plea Allocutions of Non-Credit Suisse Persons and Entities. [Redacted]. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1737 PROPOSED ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. Related Document Number: #1733 ..(Burke, Christopher) Proposed Order to be reviewed by Clerk's Office staff.
August 12, 2022 Opinion or Order Filing 1736 MOTION in Limine No. 4 to Exclude Factual Admissions Contained in Guilty Pleas and Plea Allocutions of Non-Credit Suisse Persons and Entities. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1735 MEMORANDUM OF LAW in Support re: #1733 MOTION in Limine No. 5 For Order that Co-Conspirator Statements Are Within the Fed. R. Evid. 801(d)(2)(E) Hearsay Exclusion. . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
August 12, 2022 Opinion or Order Filing 1734 ***SELECTED PARTIES***DECLARATION of Herbert S. Washer in Support re: #1726 MOTION in Limine No. 3 to Exclude Evidence of Criminal Prosecutions of Non-Credit Suisse Persons and Entities.. Document filed by Credit Suisse Group AG, Credit Suisse AG, Credit Suisse Securities (USA) LLC, J. Paul Antonello, Augustus International Master Fund, L.P., Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Marc G. Frederighi, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Newport News Employees' Retirement Fund, John Nypl, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Settling Defendants, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., Value Recovery Fund LLC. (Attachments: #1 Exhibit 3-10: Excerpts of Deposition Transcript)Motion or Order to File Under Seal: #1709 .(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1733 MOTION in Limine No. 5 For Order that Co-Conspirator Statements Are Within the Fed. R. Evid. 801(d)(2)(E) Hearsay Exclusion. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
August 12, 2022 Opinion or Order Filing 1732 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #1726 MOTION in Limine No. 3 to Exclude Evidence of Criminal Prosecutions of Non-Credit Suisse Persons and Entities. . Document filed by Credit Suisse Group AG, Credit Suisse AG, Credit Suisse Securities (USA) LLC, J. Paul Antonello, Augustus International Master Fund, L.P., Aureus Currency Fund, L.P., Citigroup, N.A., Employees' Retirement System of Puerto Rico Electric Power Authority, Marc G. Frederighi, Goldman Sachs & Co. LLC, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Newport News Employees' Retirement Fund, John Nypl, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Settling Defendants, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., Value Recovery Fund LLC. Motion or Order to File Under Seal: #1709 .(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1731 DECLARATION of Herbert S. Washer in Support re: #1726 MOTION in Limine No. 3 to Exclude Evidence of Criminal Prosecutions of Non-Credit Suisse Persons and Entities.. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit 3-1: Excerpts of Barclays Plea Agreement, #2 Exhibit 3-2: Excerpts of BNP Plea Agreement, #3 Exhibit 3-3: Excerpts of Citi Plea Agreement, #4 Exhibit 3-4: Excerpts of JPMorgan Plea Agreement, #5 Exhibit 3-5: Excerpts of RBS Plea Agreement, #6 Exhibit 3-6: Excerpts of UBS Plea Agreement, #7 Exhibit 3-7: Excerpts of BNP Criminal Sentencing Conference, #8 Exhibit 3-8: Aiyer Criminal Judgment, #9 Exhibit 3-9: Cummins Plea Agreement, #10 Exhibit 3-10: [Redacted] Excerpts of Deposition Transcript).(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1730 PROPOSED ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. Related Document Number: #1728 ..(Burke, Christopher) Proposed Order to be reviewed by Clerk's Office staff.
August 12, 2022 Opinion or Order Filing 1729 MEMORANDUM OF LAW in Support re: #1728 MOTION in Limine No. 4 to Exclude Mention of Treble Damages or Attorneys' Fees. . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
August 12, 2022 Opinion or Order Filing 1728 MOTION in Limine No. 4 to Exclude Mention of Treble Damages or Attorneys' Fees. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
August 12, 2022 Opinion or Order Filing 1727 MEMORANDUM OF LAW in Support re: #1726 MOTION in Limine No. 3 to Exclude Evidence of Criminal Prosecutions of Non-Credit Suisse Persons and Entities. [Redacted]. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1726 MOTION in Limine No. 3 to Exclude Evidence of Criminal Prosecutions of Non-Credit Suisse Persons and Entities. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1725 PROPOSED ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. Related Document Number: #1722 ..(Burke, Christopher) Proposed Order to be reviewed by Clerk's Office staff.
August 12, 2022 Opinion or Order Filing 1724 MEMORANDUM OF LAW in Support re: #1722 MOTION in Limine No. 3 to Exclude Evidence and Testimony About Existence of the Conspiracy and Anticompetitive Conduct Through Defense Expert Witnesses. . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
August 12, 2022 Opinion or Order Filing 1723 ***SELECTED PARTIES***DECLARATION of Herbert S. Washer in Support re: #1714 MOTION in Limine No. 2 to Exclude the Testimony of Persons Invoking the Fifth Amendment Protection Against Self-Incrimination.. Document filed by Credit Suisse Group AG, Credit Suisse AG, Credit Suisse Securities (USA) LLC, J. Paul Antonello, Augustus International Master Fund, L.P., Aureus Currency Fund, L.P., Citigroup, N.A., Employees' Retirement System of Puerto Rico Electric Power Authority, Marc G. Frederighi, Goldman Sachs & Co. LLC, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Newport News Employees' Retirement Fund, John Nypl, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Settling Defendants, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., Value Recovery Fund LLC. (Attachments: #1 Exhibit 2-1: Wall Street Journal Article, #2 Exhibit 2-2: LinkedIn, #3 Exhibit 2-3: LeapRate Article)Motion or Order to File Under Seal: #1709 .(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1722 MOTION in Limine No. 3 to Exclude Evidence and Testimony About Existence of the Conspiracy and Anticompetitive Conduct Through Defense Expert Witnesses. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
August 12, 2022 Opinion or Order Filing 1721 PROPOSED ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. Related Document Number: #1719 ..(Burke, Christopher) Proposed Order to be reviewed by Clerk's Office staff.
August 12, 2022 Opinion or Order Filing 1720 MEMORANDUM OF LAW in Support re: #1719 MOTION in Limine No. 2 to Exclude Evidence and Argument Regarding Purported Pro-Competitive Justifications or Absence of Anticompetitive Effects. . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
August 12, 2022 Opinion or Order Filing 1719 MOTION in Limine No. 2 to Exclude Evidence and Argument Regarding Purported Pro-Competitive Justifications or Absence of Anticompetitive Effects. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
August 12, 2022 Opinion or Order Filing 1718 PROPOSED ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. Related Document Number: #1712 ..(Burke, Christopher) Proposed Order to be reviewed by Clerk's Office staff.
August 12, 2022 Opinion or Order Filing 1717 DECLARATION of Herbert S. Washer in Support re: #1714 MOTION in Limine No. 2 to Exclude the Testimony of Persons Invoking the Fifth Amendment Protection Against Self-Incrimination.. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit 2-1: [Redacted] Wall Street Journal Article, #2 Exhibit 2-2: [Redacted] LinkedIn, #3 Exhibit 2-3: [Redacted] LeapRate Article).(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1716 MEMORANDUM OF LAW in Support re: #1714 MOTION in Limine No. 2 to Exclude the Testimony of Persons Invoking the Fifth Amendment Protection Against Self-Incrimination. . Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1715 MEMORANDUM OF LAW in Support re: #1712 MOTION in Limine No. 1 to Exclude Percipient Witnesses from the Courtroom Unless They Are Testifying. . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
August 12, 2022 Opinion or Order Filing 1714 MOTION in Limine No. 2 to Exclude the Testimony of Persons Invoking the Fifth Amendment Protection Against Self-Incrimination. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1713 DECLARATION of Herbert S. Washer in Support re: #1710 MOTION in Limine No. 1 to Exclude Evidence of Consent Order with the New York State Department of Financial Services.. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit 1-1: Excerpts of Credit Suisse NYDFS Consent Order, #2 Exhibit 1-2: Excerpts of Plaintiffs' Version NYDFS Consent Order).(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1712 MOTION in Limine No. 1 to Exclude Percipient Witnesses from the Courtroom Unless They Are Testifying. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
August 12, 2022 Opinion or Order Filing 1711 MEMORANDUM OF LAW in Support re: #1710 MOTION in Limine No. 1 to Exclude Evidence of Consent Order with the New York State Department of Financial Services. . Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1710 MOTION in Limine No. 1 to Exclude Evidence of Consent Order with the New York State Department of Financial Services. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
August 12, 2022 Opinion or Order Filing 1709 LETTER MOTION to Seal Portions of Papers in Support of Motions in Limine addressed to Judge Lorna G. Schofield from Herbert S. Washer dated August 12, 2022. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Appendix A: List of Proposed Redacted and Sealed Documents, #2 Appendix B: List of Parties and Attorneys of Record Who Should Have Access to the Redacted or Sealed Documents).(Washer, Herbert)
August 11, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #1708 MOTION for Carmen A. Medici to Appear Pro Hac Vice [corrected]. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
August 11, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #1707 MOTION for Alexandra S. Bernay to Appear Pro Hac Vice [corrected]. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
August 10, 2022 Opinion or Order Filing 1708 MOTION for Carmen A. Medici to Appear Pro Hac Vice [corrected]. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Employees' Retirement System of the Government of the Virgin Islands. (Attachments: #1 Affidavit Declaration of Carmen A. Medici, #2 Exhibit A - Certificates of Good Standing, #3 Text of Proposed Order re pro hac vice appearance, #4 Affidavit Certificate of Service).(Medici, Carmen)
August 10, 2022 Opinion or Order Filing 1707 MOTION for Alexandra S. Bernay to Appear Pro Hac Vice [corrected]. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Employees' Retirement System of the Government of the Virgin Islands. (Attachments: #1 Affidavit Declaration of Alexandra S. Bernay, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order re pro hac vice appearance, #4 Affidavit Certificate of Service).(Bernay, Alexandra)
August 10, 2022 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #1706 MOTION for Carmen A. Medici to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26526914. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): Affidavit Not Notarized; Re-file the motion as a 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. (sgz)
August 10, 2022 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #1705 MOTION for Alexandra S. Bernay to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26526905. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): Affidavit Not Notarized; Re-file the motion as a 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. (sgz)
August 9, 2022 Opinion or Order Filing 1706 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Carmen A. Medici to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26526914. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Employees' Retirement System of Puerto Rico Electric Power Authority. (Attachments: #1 Affidavit of Carmen A. Medici, #2 Exhibit A - Certificates of Good Standing, #3 Text of Proposed Order re pro hac vice appearance, #4 Affidavit of Service).(Medici, Carmen) Modified on 8/10/2022 (sgz).
August 9, 2022 Opinion or Order Filing 1705 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Alexandra S. Bernay to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26526905. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Employees' Retirement System of the Government of the Virgin Islands. (Attachments: #1 Affidavit of Alexandra S. Bernay, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order re pro hac vice Appearance, #4 Affidavit of Service).(Bernay, Alexandra) Modified on 8/10/2022 (sgz).
August 1, 2022 Opinion or Order Transmission to Finance Unit (Cashiers). Transmitted re: #1704 Order, to the Finance Unit (Cashiers) for case processing. (ate)
August 1, 2022 Opinion or Order Filing 1704 ORDER AUTHORIZING PAYMENTS FOR SETTLEMENT ADMINISTRATION EXPENSES FROM SETTLEMENT FUNDS: NOW, THEREFORE, IT IS HEREBY ORDERED: 1. All terms in initial capitalization used in this Order shall have the same meanings as set forth in the Settlement Agreements and the Preliminary Approval Orders, unless otherwise defined herein. 2. The Court authorizes Class Counsel to pay up to an additional $3,000,000 (for a total of $39,500,000) from the settlement funds for reasonable Settlement Administration Expenses. 3. Any such expenses in excess of $39,500,000 may be paid from the settlement funds only with the approval of the Court. IT IS SO ORDERED. (Signed by Judge Lorna G. Schofield on 8/1/2022) (ate)
July 29, 2022 Opinion or Order Filing 1703 PROPOSED ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Virtu Financial LLC. Related Document Number: #1702 ..(Burke, Christopher) Proposed Order to be reviewed by Clerk's Office staff.
July 29, 2022 Opinion or Order Filing 1702 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated July 29, 2022 re: Authorization to Pay Claims Administrator. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Virtu Financial LLC. (Attachments: #1 Exhibit A - Settlement Administration Expenses Paid and Incurred to Date).(Burke, Christopher)
July 29, 2022 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #1703 Proposed Order was reviewed and approved as to form. (km)
July 27, 2022 Opinion or Order Filing 1701 MEMO ENDORSEMENT on re: #1700 Letter, filed by Credit Suisse AG, Credit Suisse Securities (USA) LLC, Credit Suisse Group AG. ENDORSEMENT: Application GRANTED. The parties shall each file a single Daubert motion addressing all issues with the other party's experts by August 26, 2022, oppositions by September 9, 2022, and replies by September 14, 2022. Memoranda of law in support of and opposition to the motions shall not exceed 20 pages, and reply briefs shall not exceed 10 pages. ( Motions due by 8/26/2022., Responses due by 9/9/2022, Replies due by 9/14/2022.) (Signed by Judge Lorna G. Schofield on 7/27/2022) (vfr)
July 27, 2022 Opinion or Order Filing 1700 JOINT LETTER addressed to Judge Lorna G. Schofield from Jason M. Hall dated July 27, 2022 re: anticipated Daubert motions and proposed briefing schedule. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Hall, Jason)
July 12, 2022 Opinion or Order Filing 1699 JOINT LETTER addressed to Judge Lorna G. Schofield from Jason M. Hall dated July 12, 2022 re: Trial Estimates requested per #1695 Order. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Hall, Jason)
July 11, 2022 Opinion or Order Filing 1698 ORDER APPROVING THE THIRD DISTRIBUTION OF THE SETTLEMENT FUND granting #1691 Motion to Approve. NOW, THEREFORE, IT IS HEREBY ORDERED THAT: 1. This Order incorporates by reference the definitions in the Stipulations and Agreements of Settlement filed in this Action (ECF Nos. 481) (Exs. 1-9), 822 (Exs. 1-5), 877 (Ex. 1) (the Settlements), and all capitalized terms, unless otherwise defined herein, shall have the same meanings as set forth in the Settlements or the Kovach Declaration. 2. The Court has jurisdiction over the subject matter of the Action and over all the parties to the Action, including all Settlement Class Members. 3. Plaintiffs' plan for the third distribution of the Settlement Fund to Authorized Claimants is APPROVED. Accordingly, a. The administrative recommendations of the Court-appointed Claims Administrator, Epiq Systems, Inc. (Epiq), to accept or accept in part the Authorized Claims set forth in Exhibits 1, 2, and 3 to the Kovach Declaration are approved.b. Epiq shall conduct a Third Distribution of the Net Settlement Fund as follows: i. Authorized Claimants listed in Exhibit 1 to the Kovach Declaration shall be paid $15. These Authorized Claimants will receive no additional funds in any subsequent distributions. ii. Authorized Claimants listed in Exhibit 2 to the Kovach Declaration shall be paid $150. These Authorized Claimants will receive no additional funds in any subsequent distributions. iii. Authorized Claimants listed in Exhibit 3 to the Kovach Declaration shall be paid their respective pro rata shares, subject to a 40% holdback on all claims exceeding $150, which will be held in reserve (the Reserve) until the participation rate by volume and amount of the Net Settlement Fund are determined. The Reserve may also be used to address any contingencies that may arise after the distribution with respect to claims (including any appeals) and/or to pay for any Court-authorized future fees or expenses incurred in connection with administering the Settlements. To the extent the Reserve is not depleted, the remainder will be distributed in a subsequent distribution(s) to AuthorizedClaimants receiving pro rata payments. c. Epiq shall distribute payments to Authorized Claimants entitled to a de minimis payment ($15), automatic payment ($150), and a single pro rata payment below $1,000 (i.e., not part of a bulk submission or multiple payments going to a single filer) by check; Epiq shall distribute payments to Authorized Claimants entitled to pro rata payments of $1,000 or more in the form of check or wire. Authorized Claimants who provide deficient wire instructions shall receive a check. d. In order to encourage Authorized Claimants to promptly deposit their distribution checks, and to avoid or reduce future expenses relating to unpaid distribution checks, all distribution checks will bear a notation "CASH PROMPTLY; VOID AND SUBJECT TO RE-DISTRIBUTION IF NOT NEGOTIATED BY [DATE 90 DAYS AFTER ISSUE DATE]." e. Authorized Claimants who do not negotiate their funds within the time allotted will be presumed to forfeit any recovery for their respective Claim Forms from the Settlement Fund. Any forfeited recoveries will become available for re-distribution as part of subsequent distribution(s), and Authorized Claimants who do not negotiate their funds will not be eligible to participate in any subsequent distribution(s). 4. This Court retains jurisdiction to consider any further applications concerning the administration of the Settlements, and such other further relief as this Court deems appropriate. IT IS SO ORDERED. (Signed by Judge Lorna G. Schofield on 7/11/2022) (mml)
July 11, 2022 Opinion or Order Filing 1697 MEMO ENDORSEMENT on re: #1696 Letter Joint Status Update, filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, Casey Sterk, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Virtu Financial LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller. ENDORSEMENT: Application DENIED. The parties shall submit their next status letter on September 9, 2022. (Signed by Judge Lorna G. Schofield on 7/11/22) (yv)
July 8, 2022 Opinion or Order Filing 1696 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Jason M. Hall dated July 8, 2022 re: Joint Status Update. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Virtu Financial LLC..(Burke, Christopher)
July 5, 2022 Opinion or Order Filing 1695 ORDER: It is hereby ORDERED that, by July 12, 2022, each party shall file a letter stating how many trial days they expect to request to present their case in chief (i.e., not including cross examination). (Signed by Judge Lorna G. Schofield on 7/5/2022) (mml)
July 1, 2022 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #1694 Proposed Order was reviewed and approved as to form. (nd)
June 30, 2022 Opinion or Order Filing 1694 PROPOSED ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. Related Document Number: #1691 ..(Burke, Christopher) Proposed Order to be reviewed by Clerk's Office staff.
June 30, 2022 Opinion or Order Filing 1693 DECLARATION of Loree Kovach in Support re: #1691 MOTION to Approve Third Distribution of Settlement Fund .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit 1 - De Minimus Claims, #2 Exhibit 2 - Automatic Claims, #3 Exhibit 3 - Pro Rata Claims, #4 Exhibit 4 - Partially Accepted Claims).(Burke, Christopher)
June 30, 2022 Opinion or Order Filing 1692 MEMORANDUM OF LAW in Support re: #1691 MOTION to Approve Third Distribution of Settlement Fund . . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
June 30, 2022 Opinion or Order Filing 1691 MOTION to Approve Third Distribution of Settlement Fund . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
June 13, 2022 Opinion or Order Filing 1690 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 6/13/2022 re: Supplemental authority re motion to decertify. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A - In re Broiler Chicken opinion).(Burke, Christopher)
May 25, 2022 Opinion or Order Filing 1689 LETTER MOTION for Oral Argument / requesting oral argument on the motion to decertify the issue class addressed to Judge Lorna G. Schofield from Herbert S. Washer dated May 25, 2022. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
May 25, 2022 Opinion or Order Filing 1688 DECLARATION of Herbert S. Washer in Support re: #1678 MOTION for Decertification .. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit 6 - Eric Robin Merits Report).(Washer, Herbert)
May 25, 2022 Opinion or Order Filing 1687 REPLY MEMORANDUM OF LAW in Support re: #1678 MOTION for Decertification . . Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
May 13, 2022 Opinion or Order Filing 1686 DECLARATION of Christopher M. Burke in Opposition re: #1678 MOTION for Decertification .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit 1 - July 23, 2020 Melvin depo. excerpt, #2 Exhibit 2 - March 12, 2020 Melvin report excerpt, #3 Exhibit 3 - August 13, 2020 Robin reply report excerpt, #4 Exhibit 4 - Email correspondence).(Burke, Christopher)
May 13, 2022 Opinion or Order Filing 1685 MEMORANDUM OF LAW in Opposition re: #1678 MOTION for Decertification . . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
May 13, 2022 Opinion or Order Filing 1684 ***SELECTED PARTIES*** LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 5/13/2022 re: Motion to seal. Document filed by Credit Suisse Group AG, Credit Suisse AG, Credit Suisse Securities (USA) LLC, J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit 1 - July 23, 2020 Melvin depo. excerpt, #2 Exhibit 3 - August 13, 2020 Robin reply report excerpt)Motion or Order to File Under Seal: #1683 .(Burke, Christopher)
May 13, 2022 Opinion or Order Filing 1683 LETTER MOTION to Seal addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 5/13/2022. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
May 13, 2022 Opinion or Order Filing 1682 STATUS REPORT. (Joint) Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
May 9, 2022 Opinion or Order Filing 1681 NOTICE OF CHANGE OF ADDRESS by Todd Seaver on behalf of Fresno County Employees Retirement Association. New Address: Berman Tabacco, 425 California Street, Suite 2300, San Francisco, CA, USA 94104, 4154333200..(Seaver, Todd)
April 22, 2022 Opinion or Order Filing 1680 MEMORANDUM OF LAW in Support re: #1678 MOTION for Decertification . . Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Certificate of Service).(Washer, Herbert)
April 22, 2022 Opinion or Order Filing 1679 DECLARATION of Herbert S. Washer in Support re: #1678 MOTION for Decertification .. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit 1 - Credit Suisse Defendants' First Set of Interrogatories, #2 Exhibit 2 - Plaintiffs's Responses and Objections to Defendant Credit Suisse's First Set of Interrogatories).(Washer, Herbert)
April 22, 2022 Opinion or Order Filing 1678 MOTION for Decertification . Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
April 22, 2022 Opinion or Order Filing 1677 ***SELECTED PARTIES*** LETTER addressed to Judge Lorna G. Schofield from Herbert S. Washer dated April 22, 2022 re: Requesting documents to be filed under seal or in redacted form. Document filed by Morgan Stanley & Co., LLC, Credit Suisse Group AG, Michael J. Smith, Employees' Retirement System of the Government of the Virgin Islands, Michael Melissinos, Fresno County Employees Retirement Association, Oklahoma Firefighters Pension and Retirement System, Robert Charles Class A, L.P., Izee Trading Company, Value Recovery Fund LLC, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, State-Boston Retirement System, Casey Sterk, Employees' Retirement System of Puerto Rico Electric Power Authority, Steve Leaven, Goldman Sachs & Co. LLC, Peter Rives, Nasser Bakizada, Tiberius OC Fund, Ltd., Robert Miller, John Burnside, Haverhill Retirement System, John Kerstein, Credit Suisse AG, Thomas Gramatis, Mark Miller, Marc G. Frederighi, Aureus Currency Fund, L.P., Neil Taylor, Richard Preschern dba Preschern Trading, BNP Paribas North America, Doug Harvey, Syena Global Emerging Markets Fund, LP, Citigroup, N.A., The City of Philadelphia, Board of Pensions and Retirement, Robert L. Teel, Credit Suisse Securities (USA) LLC, Augustus International Master Fund, L.P., Systrax Corporation. (Attachments: #1 Exhibit 3 - request to file under seal, #2 Exhibit 4 - request to file redacted, #3 Exhibit 5 - request to file redacted)Motion or Order to File Under Seal: #1676 .(Washer, Herbert)
April 22, 2022 Opinion or Order Filing 1676 LETTER MOTION to Seal addressed to Judge Lorna G. Schofield from Herbert S. Washer dated April 22, 2022. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
April 20, 2022 Opinion or Order Filing 1675 LETTER addressed to Judge Lorna G. Schofield from Lawrence E. Jacobs dated April 19, 2022 re: to provide notice pursuant to Rule 1.12 of the New York Rules of Professional Conduct. Document filed by RBS Securities, Inc., Royal Bank of Scotland Group, PLC..(Jacobs, Lawrence)
April 12, 2022 Opinion or Order Filing 1674 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 4/6/22 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: 1:13-cv-07789-LGS et al..(Moya, Goretti)
April 12, 2022 Opinion or Order Filing 1673 TRANSCRIPT of Proceedings re: conference held on 4/6/2022 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Sadie Herbert, (212) 805-0310. 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 5/3/2022. Redacted Transcript Deadline set for 5/13/2022. Release of Transcript Restriction set for 7/11/2022.Filed In Associated Cases: 1:13-cv-07789-LGS et al..(Moya, Goretti)
April 11, 2022 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #1671 Proposed Order was reviewed and approved as to form. (km)
April 8, 2022 Opinion or Order Filing 1672 ORDER AUTHORIZING PAYMENTS FOR SETTLEMENT ADMINISTRATION EXPENSES FROM SETTLEMENT FUNDS: NOW, THEREFORE, IT IS HEREBY ORDERED: 1. All terms in initial capitalization used in this Order shall have the same meanings as set forth in the Settlement Agreements and the Preliminary Approval Orders, unless otherwise defined herein. 2. The Court authorizes Class Counsel to pay up to an additional $3,000,000 (for a total of $36,500,000) from the settlement funds for reasonable Settlement Administration Expenses. 3. Any such expenses in excess of $36,500,000 may be paid from the settlement funds only with the approval of the Court. IT IS SO ORDERED. (Signed by Judge Lorna G. Schofield on 4/8/2022) (mml) Modified on 4/8/2022 (mml).
April 7, 2022 Opinion or Order Filing 1671 PROPOSED ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. Related Document Number: #1670 ..(Burke, Christopher) Proposed Order to be reviewed by Clerk's Office staff.
April 7, 2022 Opinion or Order Filing 1670 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 4/7/2022 re: authorization to pay claims administrator. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
April 7, 2022 Opinion or Order Filing 1669 ORDER terminating #1668 LETTER MOTION for Conference re: #1666 Order on Motion for Conferenc re Plaintiffs' response to Defendant's letter requesting a pre-motion conference. It is hereby ORDERED that Defendants shall file the proposed motion for decertification by April 22, 2022, Plaintiffs shall file an opposition by May 13, 2022, and Defendants shall file a reply by May 25, 2022. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 1668. (Signed by Judge Lorna G. Schofield on 4/7/2022) (mml)
April 7, 2022 Opinion or Order Set/Reset Deadlines: Motions due by 4/22/2022. Responses due by 5/13/2022 Replies due by 5/25/2022. (mml)
April 6, 2022 Opinion or Order Minute Entry for proceedings held before Judge Lorna G. Schofield: Telephone Conference held on 4/6/2022. (Court Reporter Present) (jcs)
April 1, 2022 Opinion or Order Filing 1668 LETTER MOTION for Conference re: #1666 Order on Motion for Conference,,, re Plaintiffs' response to Defendant's letter requesting a pre-motion conference addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated April 1, 2022. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
March 31, 2022 Opinion or Order Filing 1667 NOTICE OF CHANGE OF ADDRESS by Anthony Epifanio Maneiro on behalf of Neil Taylor. New Address: Kirby McInerney LLP, 211 West Wacker Dr., Suite 550, Chicago, Illinois, United States 60606, (312) 767-5180..(Maneiro, Anthony)
March 28, 2022 Opinion or Order Filing 1666 ORDER granting #1665 Letter Motion for Conference re: #1665 LETTER MOTION for Conference //Requesting a Pre-Motion Conference to Seek Permission to File a Motion to Decertify the Rule 23(c)(4)(A) Class addressed to Judge Lorna G. Schofield from Herbert S. Washer dated March 25, 2022. Defendant's application for a pre-motion conference is GRANTED. The conference scheduled for March 30, 2022, at 4:20 p.m., to discuss whether it would be useful for the parties to explore settlement discussions, is adjourned to April 6, 2022, at 4:20 p.m., and Defendant's proposed motion to decertify the class will be discussed at the conference. Plaintiffs shall file a response to Defendant's letter requesting a pre-motion conference by April 1, 2022. Telephone Conference set for 4/6/2022 at 04:20 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 3/28/2022) (tg)
March 28, 2022 Opinion or Order Set/Reset Deadlines: Responses due by 4/1/2022 (tg)
March 25, 2022 Opinion or Order Filing 1665 LETTER MOTION for Conference //Requesting a Pre-Motion Conference to Seek Permission to File a Motion to Decertify the Rule 23(c)(4)(A) Class addressed to Judge Lorna G. Schofield from Herbert S. Washer dated March 25, 2022. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
March 18, 2022 Opinion or Order Filing 1664 NOTICE OF APPEARANCE by Edward Nathaniel Moss on behalf of Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Moss, Edward)
March 18, 2022 Opinion or Order Filing 1663 NOTICE OF APPEARANCE by Anirudh Bansal on behalf of Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Bansal, Anirudh)
March 18, 2022 Opinion or Order Filing 1662 NOTICE OF APPEARANCE by Tammy Lynn Roy on behalf of Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Roy, Tammy)
March 17, 2022 Opinion or Order Filing 1661 NOTICE OF CHANGE OF ADDRESS by Anthony F. Fata on behalf of John Burnside, Steve Leaven, Neil Taylor. New Address: Kirby McInerney LLP, 211 West Wacker Dr., Suite 550, Chicago, Illinois, United States 60606, (312) 767-5180..(Fata, Anthony)
March 14, 2022 Opinion or Order Filing 1660 ORDER: It is hereby ORDERED that Plaintiffs and Credit Suisse shall appear for a conference on March 30, 2022, at 4:20 P.M. to discuss whether it would be useful for the parties to explore settlement discussions. The conference will be held on conference line 888-363-4749 using access code 558-3333. The timing of the conference is approximate, but the parties should be prepared to proceed at that time. Telephone Conference set for 3/30/2022 at 04:20 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 3/14/2022) (mml)
March 11, 2022 Opinion or Order Filing 1659 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Jason M. Hall dated 3/11/2022 re: Joint Status Report. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
February 23, 2022 Opinion or Order Filing 1658 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 2/23/2022 re: Status update on claims administration. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
February 7, 2022 Opinion or Order Filing 1657 MEMO ENDORSEMENT granting #1655 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. The Clerk of Court is respectfully directed to terminate Charles Barrera Moore as counsel for Standard Chartered Bank. Attorney Charles Barrera Moore terminated. (Signed by Judge Lorna G. Schofield on 2/7/2022) (vfr)
February 4, 2022 Opinion or Order Filing 1656 DECLARATION of Charles Barrera Moore in Support re: #1655 MOTION for Charles Barrera Moore to Withdraw as Attorney .. Document filed by Standard Chartered Bank..(Moore, Charles)
February 4, 2022 Opinion or Order Filing 1655 MOTION for Charles Barrera Moore to Withdraw as Attorney . Document filed by Standard Chartered Bank. (Attachments: #1 Text of Proposed Order).(Moore, Charles)
February 4, 2022 Opinion or Order Filing 1654 ORDER AUTHORIZING PAYMENTS FOR SETTLEMENT ADMINISTRATION EXPENSES FROM SETTLEMENT FUNDS: NOW, THEREFORE, IT IS HEREBY ORDERED: 1. All terms in initial capitalization used in this Order shall have the same meanings as set forth in the Settlement Agreements and the Preliminary Approval Orders, unless otherwise defined herein. 2. The Court authorizes Class Counsel to pay up to an additional $3,000,000 (for a total of $33,500,000) from the settlement funds for reasonable Settlement Administration Expenses. 3. Any such expenses in excess of $33,500,000 may be paid from the settlement funds only with the approval of the Court. IT IS SO ORDERED. (Signed by Judge Lorna G. Schofield on 2/4/2022) (mml) Modified on 2/4/2022 (mml).
February 3, 2022 Opinion or Order Set/Reset Deadlines: Motions due by 8/12/2022. Responses due by 8/19/2022. (mml)
February 3, 2022 Opinion or Order Filing 1653 SCHEDULING ORDER: It is hereby, ORDERED that this action will be placed in first place on the Court's October 11, 2022, trial-ready calendar. The jury trial will begin on Tuesday, October 11, 2022, at 9:45 a.m. or the Courts first available date thereafter, subject to the availability of courtrooms during the COVID-19 pandemic. It is further, ORDERED that the parties shall be ready to proceed on 24 hours notice on or after October 11, 2022. It is further, ORDERED that in accordance with and as further provided in Individual Rule IV.B: (1) Any motions in limine shall be filed by August 12, 2022. Responses to the motions shall be filed by August 19, 2022. No reply shall be filed. The parties shall follow the Courts Individual Rules regarding such motion. (2) Joint requests to charge, voir dire, verdict form and any memorandum of law, as provided in the Courts individual rules, shall be filed by August 19, 2022. (3) The final pretrial order shall be filed by August 26, 2022, as further set forth. Pretrial Order due by 8/26/2022. Ready for Trial by 8/19/2022. Jury Trial set for 10/11/2022 at 09:45 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 2/3/2022) (mml)
February 3, 2022 Opinion or Order Filing 1652 PROPOSED ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. Related Document Number: #1651 ..(Burke, Christopher) Proposed Order to be reviewed by Clerk's Office staff.
February 3, 2022 Opinion or Order Filing 1651 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 2/3/2022 re: authorization to pay claims administrator. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
February 3, 2022 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #1652 Proposed Order was reviewed and approved as to form. (km)
February 1, 2022 Opinion or Order Filing 1650 OPINION AND ORDER re: #1574 MOTION for Summary Judgment by the Credit Suisse Defendants filed by Credit Suisse AG, Credit Suisse Securities (USA) LLC, Credit Suisse Group AG, #1580 CROSS MOTION for Summary Judgment filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, Casey Sterk, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller. For the reasons stated above, CS Defendants' motion for summary judgment is DENIED and Plaintiffs' motion for summary judgment is DENIED. The Clerk of Court is respectfully directed to close the motions at Dkt. Nos. 1574 and 1580. (Signed by Judge Lorna G. Schofield on 2/1/2022) (mml)
January 19, 2022 Opinion or Order Filing 1649 ORDER granting #1648 Motion to Amend/Correct #1648 MOTION to Amend/Correct Exhibit C-1 (1626-5) of the Declaration of Charles Marr in Support of a Motion for an Order Approving Requests for Exclusion from the Certified Ligation Class (ECF No. 1626). WHEREAS, Plaintiffs filed a letter stating that one subsidiary of a parent entity had been inadvertently omitted from Exhibit C-1 of the Declaration of Charles Marr (ECF No.1648); WHEREAS, Plaintiffs filed a revised exhibit adding the one omitted subsidiary of a parent entity to Exhibit C-1 ("Corrected Exhibit C-1") (ECF No.1648); It is hereby ORDERED that the Order Approving Requests for Exclusion from the Certified Litigation Class is hereby amended, nunc pro tunc, to incorporate the revision reflected in the Corrected Exhibit C-1.. (Signed by Judge Lorna G. Schofield on 1/19/2022) (kv)
January 18, 2022 Opinion or Order Filing 1648 MOTION to Amend/Correct Exhibit C-1 (1626-5) of the Declaration of Charles Marr in Support of a Motion for an Order Approving Requests for Exclusion from the Certified Ligation Class (ECF No. 1626). Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit 1 - Revised Exhibit C-1, #2 Text of Proposed Order).(Hausfeld, Michael)
January 14, 2022 Opinion or Order Filing 1647 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Jason M. Hall dated 1/14/2022 re: Joint Status Report. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
January 12, 2022 Opinion or Order Filing 1646 NOTICE OF CHANGE OF ADDRESS by Andrew J Entwistle on behalf of Augustus International Master Fund, L.P., Value Recovery Fund LLC. New Address: Enwistle & Cappucci LLP, 500 West 2nd Street, Suite 1900, Austin, TX, United States 78701, 512-710-5960..(Entwistle, Andrew)
January 10, 2022 Opinion or Order Filing 1645 ORDER FOR WITHDRAWAL OF COUNSEL granting #1643 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED that Robert E. Litan is hereby withdrawn as counsel for Plaintiff Haverhill Retirement System, on Behalf of Itself and All Others Similarly Situated and shall be removed from the Case Management/ Electronic Case Files (CM/ECF) notification list in the above-captioned matter. Korein Tillery, LLC will continue to represent Plaintiff Haverhill Retirement System, on Behalf of Itself and All Others Similarly Situated. Attorney Robert E Litan terminated. (Signed by Judge Lorna G. Schofield on 1/10/2022) (ate)
January 10, 2022 Opinion or Order Filing 1644 ORDER FOR WITHDRAWAL OF COUNSEL granting #1643 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED that Robert E. Litan is hereby withdrawn as counsel for Plaintiff Haverhill Retirement System, on Behalf of Itself and All Others Similarly Situated and shall be removed from the Case Management/ Electronic Case Files (CM/ECF) notification list in the above-captioned matter. Korein Tillery, LLC will continue to represent Plaintiff Haverhill Retirement System, on Behalf of Itself and All Others Similarly Situated. Attorney Robert E Litan terminated. (Signed by Judge Lorna G. Schofield on 1/10/2022) (ate)
January 7, 2022 Opinion or Order Filing 1643 MOTION for Robert E. Litan to Withdraw as Attorney for Haverhill Retirement System. Document filed by Haverhill Retirement System. (Attachments: #1 Text of Proposed Order Proposed Order).(Berezney, Steven)
December 3, 2021 Opinion or Order Filing 1642 MEMO ENDORSEMENT on re: #1641 Memorandum of Law in Opposition to Motion, filed by Contrarian Capital Management LLC, Mapleridge Capital, Lucid Markets LLP, Virtu Financial LLC, TG Capital Fund LP, FXDirectDealer, LLC (FXDD), Forex Capital Markets, LLC, NWI Management, L.P. ENDORSEMENT: Claimants' application is DENIED. Claimants concede that there is no issue with the adequacy of the holdback proposed by Class Counsel for purposes of satisfying the remaining claims, and Claimants do not identify any prejudice that they will personally suffer as a result of the Second Distribution of the Settlement Fund and Distribution of Attorneys' Fees. The stay of the order approving the Second Distribution is LIFTED. (Signed by Judge Lorna G. Schofield on 12/2/2021) (jca)
December 1, 2021 Opinion or Order Filing 1641 MEMORANDUM OF LAW in Opposition re: #1627 MOTION for Disbursement of Funds to Authorized Claimants and Distribution of Attorneys' Fees. . Document filed by Contrarian Capital Management LLC, FXDirectDealer, LLC (FXDD), Forex Capital Markets, LLC, Lucid Markets LLP, Mapleridge Capital, NWI Management, L.P., TG Capital Fund LP, Virtu Financial LLC..(Amanat, Farzin)
December 1, 2021 Opinion or Order Filing 1640 NOTICE OF APPEARANCE by Farzin Franklin Amanat on behalf of NWI Management, L.P...(Amanat, Farzin)
December 1, 2021 Opinion or Order Filing 1639 MEMO ENDORSEMENT with respect to (538 in 17-cv-3139-LGS) MOTION for Disbursement of Funds / PLAINTIFFS' MOTION FOR DISBURSEMENT OF SETTLEMENT FUNDS. ENDORSEMENT: Any response to Plaintiffs' motion shall be filed by December 7, 2021. So Ordered. (Signed by Judge Lorna G. Schofield on 12/1/2021) (jca)
December 1, 2021 Opinion or Order Set/Reset Deadlines: Responses due by 12/7/2021 (jca)
November 30, 2021 Opinion or Order Transmission to Finance Unit (Cashiers). Transmitted re: #1638 Order on Motion for Leave to File Document,, to the Finance Unit (Cashiers) for case processing..(ks)
November 30, 2021 Opinion or Order Filing 1638 ORDER granting #1636 Letter Motion for Leave to File Document. The November 29, 2021, Order approving the Second Distribution of the Settlement Fund and Distribution of Attorneys' Fees is STAYED. Any objection to the Second Disbursement of the Settlement Fund shall be filed by December 1, 2021.. (Signed by Judge Lorna G. Schofield on 11/30/2021) (ks)
November 30, 2021 Opinion or Order Filing 1637 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 11/30/2021 re: Briefing schedule. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
November 30, 2021 Opinion or Order Filing 1636 LETTER MOTION for Leave to File Opposition to #1627 Class Counsel's Motion for Second Interim Distribution, and Respectfully Asking the Court to Vacate or Abate #1633 its Order granting said motion to allow opposition submissions to be filed by December 8. Letter respectfully addressed to Judge Lorna G. Schofield from F. Franklin Amanat dated 11/30/2021. Document filed by Contrarian Capital Management LLC, FXDirectDealer, LLC (FXDD), Forex Capital Markets, LLC, Lucid Markets LLP, Mapleridge Capital, TG Capital Fund LP, Virtu Financial LLC..(Amanat, Farzin)
November 29, 2021 Opinion or Order Filing 1635 LETTER addressed to Judge Lorna G. Schofield from F. FRANKLIN AMANAT dated 11/29/2021 re: respectfully advising the Court that claimants and other members of the certified settlement class intend to oppose #1627 the Nov. 24 motion by class counsel for entry of an order approving a second distribution of the settlement fund and distribution of attorneys' fees, and asking that the Court give class members opposing the motion fourteen days, until 12/8/21, to submit papers in opposition to the motion.. Document filed by Contrarian Capital Management LLC, FXDirectDealer, LLC (FXDD), Forex Capital Markets, LLC, Lucid Markets LLP, Mapleridge Capital, TG Capital Fund LP, Virtu Financial LLC..(Amanat, Farzin)
November 29, 2021 Opinion or Order Filing 1634 NOTICE OF APPEARANCE by Farzin Franklin Amanat on behalf of FXDirectDealer, LLC (FXDD), Forex Capital Markets, LLC, Lucid Markets LLP, Mapleridge Capital, Virtu Financial LLC, TG Capital Fund LP, Contrarian Capital Management LLC..(Amanat, Farzin)
November 29, 2021 Opinion or Order Filing 1633 MEMO ENDORSEMENT: ORDER APPROVING THE SECOND DISTRIBUTION OF THE SETTLEMENT FUND AND DISTRIBUTION OF ATTORNEYS' FEES: granting #1627 Motion for Disbursement of Funds. ENDORSEMENT: IT IS SO ORDERED. (Signed by Judge Lorna G. Schofield on 11/29/2021) (ama)
November 29, 2021 Opinion or Order Filing 1632 MEMO ENDORSMENET on ORDER APPROVING REQUESTS FOR EXCLUSION FROM THE CERTIFIED LITIGATION CLASS: granting #1624 Motion re: #1624 MOTION For An Order Approving Requests For Exclusion From The Certified Litigation Class. ENDORSEMENT: IT IS SO ORDERED. (Signed by Judge Lorna G. Schofield on 11/29/2021) (ama)
November 24, 2021 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #1631 Proposed Order was reviewed and approved as to form. (km)
November 23, 2021 Opinion or Order Filing 1631 PROPOSED ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. Related Document Number: #1627 ..(Burke, Christopher) Proposed Order to be reviewed by Clerk's Office staff.
November 23, 2021 Opinion or Order Filing 1630 DECLARATION of Loree Kovach in Support re: #1627 MOTION for Disbursement of Funds to Authorized Claimants and Distribution of Attorneys' Fees.. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit 1 - De minimus claims, #2 Exhibit 2 - Automatic claims, #3 Exhibit 3 - Pro rata claims, #4 Exhibit 4 - Partially accepted claims).(Burke, Christopher)
November 23, 2021 Opinion or Order Filing 1629 DECLARATION of Christopher M. Burke in Support re: #1627 MOTION for Disbursement of Funds to Authorized Claimants and Distribution of Attorneys' Fees.. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
November 23, 2021 Opinion or Order Filing 1628 MEMORANDUM OF LAW in Support re: #1627 MOTION for Disbursement of Funds to Authorized Claimants and Distribution of Attorneys' Fees. . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
November 23, 2021 Opinion or Order Filing 1627 MOTION for Disbursement of Funds to Authorized Claimants and Distribution of Attorneys' Fees. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
November 23, 2021 Opinion or Order Filing 1626 DECLARATION of Charles Marr in Support re: #1624 MOTION For An Order Approving Requests For Exclusion From The Certified Litigation Class .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Summary Notice, #3 Exhibit B - Detailed Notice, #4 Exhibit C - Valid and Timely Exclusion Requests, #5 Exhibit C-1 - Valid and Timely Exclusion Requests Subsidiaries, #6 Exhibit D Excusable Untimely Exclusion Requests, #7 Exhibit E Excusable Delivery Method Exclusion Requests, #8 Exhibit F Invalid Exclusion Requests).(Hausfeld, Michael)
November 23, 2021 Opinion or Order Filing 1625 MEMORANDUM OF LAW in Support re: #1624 MOTION For An Order Approving Requests For Exclusion From The Certified Litigation Class . . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Hausfeld, Michael)
November 23, 2021 Opinion or Order Filing 1624 MOTION For An Order Approving Requests For Exclusion From The Certified Litigation Class . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Text of Proposed Order).(Hausfeld, Michael)
November 23, 2021 Opinion or Order Filing 1623 ORDER AUTHORIZING PAYMENTS FOR SETTLEMENT ADMINISTRATION EXPENSES FROM SETTLEMENT FUNDS: NOW, THEREFORE, IT IS HEREBY ORDERED: 1. All terms in initial capitalization used in this Order shall have the same meanings as set forth in the Settlement Agreements and the Preliminary Approval Orders, unless otherwise defined herein. 2. The Court authorizes Class Counsel to pay up to an additional $3,000,000 (for a total of $30,500,000) from the settlement funds for reasonable Settlement Administration Expenses. 3. Any such expenses in excess of $30,500,000 may be paid from the settlement funds only with the approval of the Court. IT IS SO ORDERED. (Signed by Judge Lorna G. Schofield on 11/23/2021) (mml)
November 22, 2021 Opinion or Order Filing 1622 PROPOSED ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. Related Document Number: #1621 ..(Burke, Christopher) Proposed Order to be reviewed by Clerk's Office staff.
November 22, 2021 Opinion or Order Filing 1621 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 11/22/2021 re: authorization to pay claims administrator. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
November 22, 2021 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #1622 Proposed Order was reviewed and approved as to form. (km)
November 17, 2021 Opinion or Order Filing 1620 NOTICE OF CHANGE OF ADDRESS by Lisa Jean Fried on behalf of Standard Chartered Bank. New Address: Herbert Smith Freehills New York LLP, 450 Lexington Avenue, New York, NY, United States 10017, 917-542-7600..(Fried, Lisa)
November 12, 2021 Opinion or Order Filing 1619 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Jason M. Hall dated 11/12/2021 re: Joint Status Report. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
November 2, 2021 Opinion or Order Filing 1618 NOTICE OF CHANGE OF ADDRESS by Marc Joel Gottridge on behalf of Standard Chartered Bank. New Address: Herbert Smith Freehills New York LLP, 450 Lexington Avenue, New York, NY, United States 10017, 19175427600..(Gottridge, Marc)
September 28, 2021 Opinion or Order Filing 1617 ORDER GRANTING WITHDRAW AS COUNSEL granting #1614 Motion to Withdraw as Attorney. Upon the Notice by Counsel for Defendants UBS AG and UBS Securities LLC and the accompanying Declaration of Eric J. Stock, IT IS HEREBY ORDERED that the noticed request to withdraw David Jarrett Arp as counsel for Defendants UBS AG and UBS Securities LLC is granted, and the appearance of Mr. Arp is withdrawn as of the date of this Order.. (Signed by Judge Lorna G. Schofield on 9/28/2021) Attorney David Jarrett Arp terminated (ks)
September 28, 2021 Opinion or Order Filing 1616 ORDER GRANTING WITHDRAW AS COUNSEL granting #1614 Motion to Withdraw as Attorney. Upon the Notice by Counsel for Defendants UBS AG and UBS Securities LLC and the accompanying Declaration of Eric J. Stock, IT IS HEREBY ORDERED that the noticed request to withdraw David Jarrett Arp as counsel for Defendants UBS AG and UBS Securities LLC is granted, and the appearance of Mr. Arp is withdrawn as of the date of this Order.. (Signed by Judge Lorna G. Schofield on 9/28/2021) Attorney David Jarrett Arp terminated (ks)
September 28, 2021 Opinion or Order Filing 1615 ORDER GRANTING WITHDRAW AS COUNSEL granting #1614 Motion to Withdraw as Attorney. Upon the Notice by Counsel for Defendants UBS AG and UBS Securities LLC and the accompanying Declaration of Eric J. Stock, IT IS HEREBY ORDERED that the noticed request to withdraw David Jarrett Arp as counsel for Defendants UBS AG and UBS Securities LLC is granted, and the appearance of Mr. Arp is withdrawn as of the date of this Order.. (Signed by Judge Lorna G. Schofield on 9/28/2021) Attorney David Jarrett Arp terminated (ks)
September 13, 2021 Opinion or Order Filing 1614 MOTION for David Jarrett Arp to Withdraw as Attorney . Document filed by UBS AG, UBS Securities LLC. (Attachments: #1 Declaration in Support, #2 Text of Proposed Order).(Stock, Eric)
September 10, 2021 Opinion or Order Filing 1613 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Jason M. Hall dated 9/10/2021 re: Joint status letter. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
August 2, 2021 Opinion or Order Filing 1612 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 8/2/2021 re: Response to ECF No. 1611. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
July 28, 2021 Opinion or Order Filing 1611 LETTER addressed to Judge Lorna G. Schofield from Herbert S. Washer dated July 28, 2021 re: Supplemental Authority. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
July 9, 2021 Opinion or Order Filing 1610 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Jason M. Hall dated 7/9/2021 re: Joint status letter. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
June 7, 2021 Opinion or Order Filing 1609 ORDER AUTHORIZING PAYMENTS FOR SETTLEMENT ADMINISTRATION EXPENSES FROM SETTLEMENT FUNDS: NOW, THEREFORE, IT IS HEREBY ORDERED: 1. All terms in initial capitalization used in this Order shall have the same meanings as set forth in the Settlement Agreements and the Preliminary Approval Orders, unless otherwise defined herein. 2. The Court authorizes Class Counsel to pay up to an additional $3,000,000 (for a total of $27,500,000) from the settlement funds for reasonable Settlement Administration Expenses. 3. Any such expenses in excess of $27,500,000 may be paid from the settlement funds only with the approval of the Court. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 6/7/2021) (cf)
June 4, 2021 Opinion or Order Filing 1608 PROPOSED ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. Related Document Number: #1607 ..(Burke, Christopher) Proposed Order to be reviewed by Clerk's Office staff.
June 4, 2021 Opinion or Order Filing 1607 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 6/4/2021 re: Update on settlement expenses and request for additional admin payment. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
June 4, 2021 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #1608 Proposed Order was reviewed and approved as to form. (km)
June 2, 2021 Opinion or Order Filing 1606 DECLARATION of Christopher M. Burke in Support re: #1580 CROSS MOTION for Summary Judgment .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit 42-46 depo excerpts filed under seal, #2 Exhibit 47 - Exhibit 6T transcript, #3 Exhibit 48 - Exhibit 10T transcript, #4 Exhibit 49-50 depo excerpts filed under seal, #5 Exhibit 51 - excerpts from Singer Rebuttal Report, #6 Exhibit 52-53 depo and chat excerpts filed under seal).(Burke, Christopher)
June 2, 2021 Opinion or Order Filing 1605 REPLY MEMORANDUM OF LAW in Support re: #1580 CROSS MOTION for Summary Judgment . Redacted. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
June 2, 2021 Opinion or Order Filing 1604 DECLARATION of Herbert S. Washer [REDACTED] in Opposition to Cross Motion for Summary Judgment and in Support re: #1574 MOTION for Summary Judgment by the Credit Suisse Defendants.. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit 51 - Chat Document, #2 Exhibit 52 - Chat Document, #3 Exhibit 53 - Internal Business Document, #4 Exhibit 54 - Email, #5 Exhibit 55 - Email, #6 Exhibit 56 - Internal Business Document, #7 Exhibit 57 - Internal Business Document, #8 Exhibit 58 - Internal Business Document, #9 Exhibit 59 - Expert Report, #10 Exhibit 60 - Chat Document, #11 Exhibit 61 - Chat Document, #12 Exhibit 62 - Chat Document, #13 Exhibit 63 - Deposition Transcript, #14 Exhibit 64 - Deposition Transcript, #15 Exhibit 65 - Deposition Transcript, #16 Exhibit 66 - Deposition Transcript, #17 Exhibit 67 - Deposition Transcript, #18 Exhibit 68 - Deposition Transcript, #19 Exhibit 69 - Deposition Transcript, #20 Exhibit 70 - Deposition Transcript, #21 Exhibit 71 - Deposition Transcript, #22 Exhibit 72 - Deposition Transcript, #23 Exhibit 73 - Deposition Transcript, #24 Exhibit 74 - Deposition Transcript, #25 Exhibit 75 - Deposition Transcript, #26 Exhibit 76 - Deposition Transcript, #27 Exhibit 77 - Deposition Transcript, #28 Exhibit 78 - Deposition Transcript, #29 Exhibit 79 - Deposition Transcript, #30 Exhibit 80 - Deposition Transcript, #31 Exhibit 81 - Deposition Transcript, #32 Exhibit 82 - Deposition Transcript, #33 Exhibit 83 - Deposition Transcript, #34 Exhibit 84 - Deposition Transcript, #35 Exhibit 85 - Chat Document, #36 Exhibit 86 - Witness Statement, #37 Exhibit 87 - Deposition Transcript, #38 Exhibit 88 - Deposition Transcript, #39 Exhibit 89 - Deposition Transcript, #40 Exhibit 90 - Deposition Transcript, #41 Exhibit 91 - Deposition Transcript, #42 Exhibit 92 - Deposition Transcript, #43 Exhibit 93 - Chat Document, #44 Exhibit 94 - Chat Document, #45 Exhibit 95 - Chat Document, #46 Exhibit 96 - Expert Report, #47 Exhibit 97 - Expert Report, #48 Exhibit 98 - Deposition Transcript).(Washer, Herbert)
June 2, 2021 Opinion or Order Filing 1603 COUNTER STATEMENT TO #1582 Rule 56.1 Statement,,,. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
June 2, 2021 Opinion or Order Filing 1602 REPLY MEMORANDUM OF LAW in Support re: #1574 MOTION for Summary Judgment by the Credit Suisse Defendants. in Opposition to Plaintiffs' Cross Motion for Summary Judgment [REDACTED]. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
June 2, 2021 Opinion or Order Filing 1601 DECLARATION of Christopher M. Burke in Support re: #1580 CROSS MOTION for Summary Judgment .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit 1 - chat summary, #2 Exhibit 1 -4 depo excerpts filed under seal, #3 Exhibit 5 -Katz trial testimony, #4 Exhibit 6 - 7 - depo excerpts and trial testimony filed under seal, #5 Exhibit 8 -Excerpts from Underwood Report, #6 Exhibit 9-12 depo excerpts filed under seal, #7 Exhibit 13 - Excerpts from Singer Report, #8 Exhibit 14 -excerpts from Cummins trial testimony, #9 Exhibit 15 -chat excerpts, #10 Exhibit 16 - CITI_FX_CIVIL 00290528, #11 Exhibit 17 - Excerpt from CS Consent Order, #12 Exhibit 18 -depo excerpt filed under seal, #13 Exhibit 19 CITI_FX_CIVIL_Audio 00003324, #14 Exhibit 20 CITI_FX_CIVIL_Audio00003325, #15 Exhibit 21 Excerpt from Melvin Report, #16 Exhibit 22 - chat excerpt, #17 Exhibit 23 - chat excerpt, #18 Exhibit 24 - depo excerpt filed under seal, #19 Exhibit 25 - Excerpts from Robin Report, #20 Exhibit 26 - depo excerpts filed under seal, #21 Exhibit 27 - chat excerpts, #22 Exhibit 28 - chat excerpts, #23 Exhibit 29 - 34 depo excerpts filed under seal, #24 Exhibit 35 - chat excerpts, #25 Exhibit 36 - chat excerpts, #26 Exhibit 37 - chat excerpts, #27 Exhibit 38 - depo excerpts filed under seal, #28 Exhibit 39 - Excerpts from Robin Reply Report, #29 Exhibit 40 - chat excerpts, #30 Exhibit 41 - Excerpts from Underwood Report).(Burke, Christopher)
June 2, 2021 Opinion or Order Filing 1600 RULE 56.1 STATEMENT. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
June 2, 2021 Opinion or Order Filing 1599 MEMORANDUM OF LAW in Support re: #1580 CROSS MOTION for Summary Judgment . Redacted. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
June 2, 2021 Opinion or Order Filing 1598 DECLARATION of Herbert S. Washer [REDACTED] in Support re: #1574 MOTION for Summary Judgment by the Credit Suisse Defendants.. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit 1 - Robin Expert Report, #2 Exhibit 2 - Response to Interrogatories, #3 Exhibit 3 - Deposition Transcript, #4 Exhibit 4 - Deposition Transcript, #5 Exhibit 5 - Deposition Transcript, #6 Exhibit 6 - Chat Document, #7 Exhibit 7 - Deposition Transcript, #8 Exhibit 8 - Deposition Transcript, #9 Exhibit 9 - Email Attachment, #10 Exhibit 10 - Deposition Transcript, #11 Exhibit 11 - Chat Document, #12 Exhibit 12 - Chat Document, #13 Exhibit 13 - Chat Document, #14 Exhibit 14 - Chat Document, #15 Exhibit 15 - Chat Document, #16 Exhibit 16 - FX Global Code, #17 Exhibit 17 - Deposition Transcript, #18 Exhibit 18 - Deposition Transcript, #19 Exhibit 19 - Deposition Transcript, #20 Exhibit 20 - Deposition Transcript, #21 Exhibit 21 - Deposition Transcript, #22 Exhibit 22 - Deposition Transcript, #23 Exhibit 23 - Deposition Transcript, #24 Exhibit 24 - Deposition Transcript, #25 Exhibit 25 - Deposition Transcript, #26 Exhibit 26 - Deposition Transcript, #27 Exhibit 27 - Deposition Transcript, #28 Exhibit 28 - Deposition Transcript, #29 Exhibit 29 - Deposition Transcript, #30 Exhibit 30 - Deposition Transcript, #31 Exhibit 31 - Deposition Transcript, #32 Exhibit 32 - Deposition Transcript, #33 Exhibit 33 - Chat Document, #34 Exhibit 34 - Email, #35 Exhibit 35 - Chat Document, #36 Exhibit 36 - Deposition Transcript, #37 Exhibit 37 - Email and Attachment, #38 Exhibit 38 - Internal Business Email and Document, #39 Exhibit 39 - Chat Document, #40 Exhibit 40 - Chat Document, #41 Exhibit 41 - Chat Document, #42 Exhibit 42 - Chat Document, #43 Exhibit 43 - Chat Document, #44 Exhibit 44 - Chat Document, #45 Exhibit 45 - Chat Document, #46 Exhibit 46 - Chat Document, #47 Exhibit 47 - Chat Document, #48 Exhibit 48 - Chat Document, #49 Exhibit 49 - Chat Document, #50 Exhibit 50 - Chat Document).(Washer, Herbert)
June 2, 2021 Opinion or Order Filing 1597 MEMORANDUM OF LAW in Support re: #1574 MOTION for Summary Judgment by the Credit Suisse Defendants. . Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
June 2, 2021 Opinion or Order Filing 1596 RULE 56.1 STATEMENT. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
May 28, 2021 Opinion or Order Filing 1595 ORDER granting #1593 Letter Motion to Seal. It is hereby ORDERED that the motion to seal is GRANTED. The documents filed at Docket No. 1594 will remain sealed and only the parties and individuals identified in the attached Appendix will have access. (As further set forth in this Order.) The Clerk of Court is respectfully directed to close the motion at Docket No. 1593. (Signed by Judge Lorna G. Schofield on 5/28/2021) (cf)
May 20, 2021 Opinion or Order Filing 1594 ***SELECTED PARTIES*** LETTER addressed to Judge Lorna G. Schofield from David G. Januszewski, Christopher M. Burke, and Michael D. Hausfeld dated May 20, 2021 re: Summary judgment materials to be filed under seal. Document filed by Morgan Stanley & Co., LLC, Credit Suisse Group AG, Michael J. Smith, Employees' Retirement System of the Government of the Virgin Islands, Michael Melissinos, Fresno County Employees Retirement Association, Oklahoma Firefighters Pension and Retirement System, Robert Charles Class A, L.P., BNP Paribas Securities, Inc., Izee Trading Company, Value Recovery Fund LLC, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, State-Boston Retirement System, Casey Sterk, Employees' Retirement System of Puerto Rico Electric Power Authority, Goldman Sachs & Co. LLC, Peter Rives, Tiberius OC Fund, Ltd., Robert Miller, John Burnside, Haverhill Retirement System, John Kerstein, Credit Suisse AG, Thomas Gramatis, Marc G. Frederighi, Aureus Currency Fund, L.P., Neil Taylor, Mark Miller, Nasser Bakizada, Richard Preschern dba Preschern Trading, Steve Leaven, BNP Paribas North America, Doug Harvey, Syena Global Emerging Markets Fund, LP, Citigroup, N.A., The City of Philadelphia, Board of Pensions and Retirement, Robert L. Teel, Credit Suisse Securities (USA) LLC, Augustus International Master Fund, L.P., Systrax Corporation. (Attachments: #1 Exhibit 1 - Memorandum of Law in Support of the Credit Suisse Defendants' Motion for Summary Judgment, #2 Exhibit 2 - Local Rule 56.1 Statement in Support of the Credit Suisse Defendants' Motion for Summary Judgment, #3 Exhibit 3 - Declaration of Herbert S. Washer in Support of the Credit Suisse Defendants' Motion for Summary Judgment, #4 Exhibit 4 - Response to Interrogatories, #5 Exhibit 5 - Deposition Transcript, #6 Exhibit 6 - Deposition Transcript, #7 Exhibit 7 - Deposition Transcript, #8 Exhibit 8 - Chat Document, #9 Exhibit 9 - Deposition Transcript, #10 Exhibit 10 - Deposition Transcript, #11 Exhibit 11 - Email and Attachment, #12 Exhibit 12 - Deposition Transcript, #13 Exhibit 13 - Chat Document, #14 Exhibit 14 - Chat Document, #15 Exhibit 15 - Chat Document, #16 Exhibit 16 - Chat Document, #17 Exhibit 17 - Chat Document, #18 Exhibit 18 - Deposition Transcript, #19 Exhibit 19 - Deposition Transcript, #20 Exhibit 20 - Deposition Transcript, #21 Exhibit 21 - Deposition Transcript, #22 Exhibit 22 - Deposition Transcript, #23 Exhibit 23 - Deposition Transcript, #24 Exhibit 24 - Deposition Transcript, #25 Exhibit 25 - Deposition Transcript, #26 Exhibit 26 - Deposition Transcript, #27 Exhibit 27 - Deposition Transcript, #28 Exhibit 28 - Deposition Transcript, #29 Exhibit 29 - Deposition Transcript, #30 Exhibit 30 - Deposition Transcript, #31 Exhibit 31 - Deposition Transcript, #32 Exhibit 32 - Deposition Transcript, #33 Exhibit 33 - Deposition Transcript, #34 Exhibit 34 - Chat Document, #35 Exhibit 35 - Email, #36 Exhibit 36 - Chat Document, #37 Exhibit 37 - Deposition Transcript, #38 Exhibit 38 - Email and Attachment, #39 Exhibit 39 - Internal Business Email and Document, #40 Exhibit 40 - Chat Document, #41 Exhibit 41 - Chat Document, #42 Exhibit 42 - Chat Document, #43 Exhibit 43 - Chat Document, #44 Exhibit 44 - Chat Document, #45 Exhibit 45 - Chat Document, #46 Exhibit 46 - Chat Document, #47 Exhibit 47 - Chat Document, #48 Exhibit 48 - Chat Document, #49 Exhibit 49 - Chat Document, #50 Exhibit 50 - Chat Document, #51 Exhibit 51 - Chat Document, #52 Exhibit 52 - Plaintiffs' Memorandum in Opposition to Defendants' Motion for Summary Judgment and in Support of Plaintiffs' Cross-Motion for Summary Judgment, #53 Exhibit 53 - Plaintiffs' Responses to Defendants' Local Rule 56.1 Statement of Facts and Plaintiffs' Local Rule 56.1 Statement of Additional Material Facts, #54 Exhibit 54 - Chat Summary, #55 Exhibit 55 - Deposition Transcript, #56 Exhibit 56 - Deposition Transcript, #57 Exhibit 57 - Deposition Transcript, #58 Exhibit 58 - Deposition Transcript, #59 Exhibit 59 - Deposition Transcript, #60 Exhibit 60 - Expert Report, #61 Exhibit 61 - Deposition Transcript, #62 Exhibit 62 - Deposition Transcript, #63 Exhibit 63 - Deposition Transcript, #64 Exhibit 64 - Deposition Transcriptv, #65 Exhibit 65 - Expert Report, #66 Exhibit 66 - Email, #67 Exhibit 67 - Email, #68 Exhibit 68 - Deposition Transcript, #69 Exhibit 69 - Expert Report, #70 Exhibit 70 - Internal Seating Chart, #71 Exhibit 71 - Internal Seating Chart, #72 Exhibit 72 - Deposition Transcript, #73 Exhibit 73 - Deposition Transcript, #74 Exhibit 74 - Email, #75 Exhibit 75 - Email, #76 Exhibit 76 - Deposition Transcript, #77 Exhibit 77 - Deposition Transcript, #78 Exhibit 78 - Witness Statement, #79 Exhibit 79 - Deposition Transcript, #80 Exhibit 80 - Deposition Transcript, #81 Exhibit 81 - Deposition Transcript, #82 Exhibit 82 - Email Attachment, #83 Exhibit 83 - Email, #84 Exhibit 84 - Email, #85 Exhibit 85 - Deposition Transcript, #86 Exhibit 86 - Expert Report, #87 Exhibit 87 - Email, #88 Exhibit 88 - Expert Report, #89 Exhibit 89 - Reply Memorandum of Law in Support of the Credit Suisse Defendants' Motion for Summary Judgment and in Opposition to Plaintiffs' Cross-Motion for Summary Judgment, #90 Exhibit 90 - Credit Suisse Defendants' Response to Plaintiffs' Local Rule 56.1 Statement of Additional Material Facts, #91 Exhibit 91 - Declaration of Herbert S. Washer in Support of the Credit Suisse Defendants' Motion for Summary Judgment and in Opposition to Plaintiffs' Cross-Motion for Summary Judgement, #92 Exhibit 92 - Chat Document, #93 Exhibit 93 - Chat Document, #94 Exhibit 94 - Internal Business Document, #95 Exhibit 95 - Email, #96 Exhibit 96 - Email, #97 Exhibit 97 - Internal Business Document, #98 Exhibit 98 - Internal Business Document, #99 Exhibit 99 - Internal Business Document, #100 Exhibit 100 - Expert Report, #101 Exhibit 101 - Chat Document, #102 Exhibit 102 - Chat Document, #103 Exhibit 103 - Chat Document, #104 Exhibit 104 - Deposition Transcript, #105 Exhibit 105 - Deposition Transcript, #106 Exhibit 106 - Deposition Transcript, #107 Exhibit 107 - Deposition Transcript, #108 Exhibit 108 - Deposition Transcript, #109 Exhibit 109 - Deposition Transcript, #110 Exhibit 110 - Deposition Transcript, #111 Exhibit 111 - Deposition Transcript, #112 Exhibit 112 - Deposition Transcript, #113 Exhibit 113 - Deposition Transcript, #114 Exhibit 114 - Deposition Transcript, #115 Exhibit 115 - Deposition Transcript, #116 Exhibit 116 - Deposition Transcript, #117 Exhibit 117 - Deposition Transcript, #118 Exhibit 118 - Deposition Transcript, #119 Exhibit 119 - Deposition Transcript, #120 Exhibit 120 - Deposition Transcript, #121 Exhibit 121 - Deposition Transcript, #122 Exhibit 122 - Deposition Transcript, #123 Exhibit 123 - Deposition Transcript, #124 Exhibit 124 - Deposition Transcript, #125 Exhibit 125 - Deposition Transcript, #126 Exhibit 126 - Chat Document, #127 Exhibit 127 - Witness Statement, #128 Exhibit 128 - Deposition Transcript, #129 Exhibit 129 - Deposition Transcript, #130 Exhibit 130 - Deposition Transcript, #131 Exhibit 131 - Deposition Transcript, #132 Exhibit 132 - Deposition Transcript, #133 Exhibit 133 - Deposition Transcript, #134 Exhibit 134 - Chat Document, #135 Exhibit 135 - Chat Document, #136 Exhibit 136 - Chat Document, #137 Exhibit 137 - Expert Report, #138 Exhibit 138 - Expert Report, #139 Exhibit 139 - Plaintiffs' Reply Memorandum in Support of Cross Motion for Summary Judgment, #140 Exhibit 140 - Deposition Transcript, #141 Exhibit 141 - Deposition Transcript, #142 Exhibit 142 - Deposition Transcript, #143 Exhibit 143 - Submission, #144 Exhibit 144 - Witness Statement, #145 Exhibit 145 - Audio File Transcript, #146 Exhibit 146 - Audio File Transcript, #147 Exhibit 147 - Deposition Transcript, #148 Exhibit 148 - Deposition Transcript, #149 Exhibit 149 - Expert Report, #150 Exhibit 150 - Deposition Transcript, #151 Exhibit 151 - Internal Business Document)Motion or Order to File Under Seal: #1593 .(Januszewski, David)
May 20, 2021 Opinion or Order Filing 1593 LETTER MOTION to Seal Regarding Summary Judgment Motions addressed to Judge Lorna G. Schofield from David G. Januszewski, Christopher M. Burke, and Michael D. Hausfeld dated May 20, 2021. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Januszewski, David)
May 14, 2021 Opinion or Order Filing 1592 ORDER denying as moot #1572 Motion to Seal; denying as moot #1578 Motion to Seal; granting #1590 Motion for Leave to File Document. The application is GRANTED. By May 20, 2021, the parties shall file a joint motion to seal portions of the record on their cross motions for summary judgment. The parties' motions to seal at Dkt. No. 1572 and 1578 are DENIED as moot. However, because the parties will file a new joint motion to seal, the materials filed at Dkt. No. 1573 and 1579 should remain filed under seal. The Clerk of Court is respectfully directed to close the motions at Docket No. 1572, 1578 and 1590. (Signed by Judge Lorna G. Schofield on 5/14/2021) (kv)
May 14, 2021 Opinion or Order Filing 1591 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Jason M. Hall dated 5/14/2021 re: Joint status letter. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
May 13, 2021 Opinion or Order Filing 1590 LETTER MOTION for Leave to File a joint motion to seal in place of prior motions addressed to Judge Lorna G. Schofield from Jason M. Hall, Christopher, Michael D. Hausfeld M. Burke, dated May 13, 2021. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Hall, Jason)
May 3, 2021 Opinion or Order Filing 1589 ORDER: It is hereby ORDERED that, by May 13, 2021, Defendants shall file any opposition to Plaintiffs' more narrow redactions. Any opposition shall include a revised version of the chart provided in Appendix A of Plaintiffs' letter motion, with a column stating Defendants' position as to why more extensive redactions or sealing is warranted in light of the strong presumption of access that attaches to judicial documents. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 121 (2d Cir. 2006)., (Responses due by 5/13/2021) (Signed by Judge Lorna G. Schofield on 5/3/2021) (nb)
April 30, 2021 Opinion or Order Filing 1588 DECLARATION of Christopher M. Burke in Support re: #1580 CROSS MOTION for Summary Judgment .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Slip sheet for exhibits requested to be filed under seal, #2 Exhibit 51 - Excerpts from Singer rebuttal report (redacted)).(Burke, Christopher)
April 30, 2021 Opinion or Order Filing 1587 REPLY MEMORANDUM OF LAW in Support re: #1580 CROSS MOTION for Summary Judgment . (Redacted). Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
April 30, 2021 Opinion or Order Filing 1586 DECLARATION of Herbert S. Washer [REDACTED] in Opposition to Cross Motion for Summary Judgment and in Support re: #1574 MOTION for Summary Judgment by the Credit Suisse Defendants.. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit 51-Credit Suisse Chat, #2 Exhibit 52-Credit Suisse Chat, #3 Exhibit 53-Client Spread Compilation, #4 Exhibit 54-Credit Suisse Email, #5 Exhibit 55-UBS Email, #6 Exhibit 56-Client Spread Compilation, #7 Exhibit 57-Client Spread Compilation, #8 Exhibit 58-Client Spread Compilation, #9 Exhibit 59-Singer Merits Rebuttal Expert Report, #10 Exhibit 60-HSBC Chat, #11 Exhibit 61-Citi Chat, #12 Exhibit 62-JPMorgan Chat, #13 Exhibit 63-Trader Deposition Transcript, #14 Exhibit 64-Trader Deposition Transcript, #15 Exhibit 65-Trader Deposition Transcript, #16 Exhibit 66-Trader Deposition Transcript, #17 Exhibit 67-Trader Deposition Transcript, #18 Exhibit 68-Trader Deposition Transcript, #19 Exhibit 69-Trader Deposition Transcript, #20 Exhibit 70-Trader Deposition Transcript, #21 Exhibit 71-Trader Deposition Transcript, #22 Exhibit 72-Trader Deposition Transcript, #23 Exhibit 73-Trader Deposition Transcript, #24 Exhibit 74-Trader Deposition Transcript, #25 Exhibit 75-Trader Deposition Transcript, #26 Exhibit 76-Trader Deposition Transcript, #27 Exhibit 77-Trader Deposition Transcript, #28 Exhibit 78-Trader Deposition Transcript, #29 Exhibit 79-Trader Deposition Transcript, #30 Exhibit 80-Poynder Deposition Transcript, #31 Exhibit 81-Trader Deposition Transcript, #32 Exhibit 82-Trader Deposition Transcript, #33 Exhibit 83-Trader Deposition Transcript, #34 Exhibit 84-Trader Deposition Transcript, #35 Exhibit 85-Credit Suisse Chat, #36 Exhibit 86-Citi Document, #37 Exhibit 87-Trader Deposition Transcript, #38 Exhibit 88-Trader Deposition Transcript, #39 Exhibit 89-Trader Deposition Transcript, #40 Exhibit 90-Trader Deposition Transcript, #41 Exhibit 91-Robin Deposition Transcript, #42 Exhibit 92-Trader Deposition Transcript, #43 Exhibit 93-Citi Chat, #44 Exhibit 94-Credit Suisse Chat, #45 Exhibit 95-Barclays Chat, #46 Exhibit 96-Underwood Boehler Report, #47 Exhibit 97-Singer Merits Expert Report, #48 Exhibit 98-Singer Deposition Transcript).(Washer, Herbert)
April 30, 2021 Opinion or Order Filing 1585 COUNTER STATEMENT TO #1582 Rule 56.1 Statement,,,. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
April 30, 2021 Opinion or Order Filing 1584 REPLY MEMORANDUM OF LAW in Support re: #1574 MOTION for Summary Judgment by the Credit Suisse Defendants. in Opposition to Plaintiffs' Cross Motion for Summary Judgment [REDACTED]. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
April 30, 2021 Opinion or Order Filing 1583 DECLARATION of Christopher M. Burke in Support re: #1580 CROSS MOTION for Summary Judgment .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit Slip sheet for exhibits requested to be filed under seal, #2 Exhibit 7 - Melvin depo excerpts - redacted, #3 Exhibit 13 - Singer report excerpts - redacted, #4 Exhibit 21 - Melvin report excerpts - redacted, #5 Exhibit 39 - Robin reply report excerpts - redacted).(Burke, Christopher)
April 30, 2021 Opinion or Order Filing 1582 RULE 56.1 STATEMENT. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
April 30, 2021 Opinion or Order Filing 1581 MEMORANDUM OF LAW in Support re: #1580 CROSS MOTION for Summary Judgment . (Redacted). Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
April 30, 2021 Opinion or Order Filing 1580 CROSS MOTION for Summary Judgment . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
April 30, 2021 Opinion or Order Filing 1579 ***SELECTED PARTIES*** LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 4/30/2021 re: Summary judgment materials to be filed under seal. Document filed by Morgan Stanley & Co., LLC, Credit Suisse Group AG, Michael J. Smith, Employees' Retirement System of the Government of the Virgin Islands, Michael Melissinos, Fresno County Employees Retirement Association, Oklahoma Firefighters Pension and Retirement System, BNP Paribas Securities, Inc., Izee Trading Company, Value Recovery Fund LLC, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, State-Boston Retirement System, Settling Defendants, Casey Sterk, Employees' Retirement System of Puerto Rico Electric Power Authority, Goldman Sachs & Co. LLC, Peter Rives, Tiberius OC Fund, Ltd., Haverhill Retirement System, John Kerstein, Credit Suisse AG, Thomas Gramatis, Mark Miller, Marc G. Frederighi, Aureus Currency Fund, L.P., Richard Preschern dba Preschern Trading, BNP Paribas North America, Doug Harvey, Syena Global Emerging Markets Fund, LP, Citigroup, N.A., The City of Philadelphia, Board of Pensions and Retirement, Systrax Corporation, J. Paul Antonello. (Attachments: #1 Plaintiffs' Opp to Defs' Motion for Summary Judgment and Cross Motion, #2 Plaintiffs' Response to Defs' 56.1 Statement, #3 Plaintiffs' Reply re Cross Motion for Summary Judgment, #4 Exhibit 1 - Summary of chats, #5 Exhibit 2 - 3.14.18 depo excerpts, #6 Exhibit 3 - 10.12.19 depo excerpts, #7 Exhibit 4 - 9.24.19 depo excerpts, #8 Exhibit 5 - trial testimony excerpts, #9 Exhibit 6 - 7.19.19 depo excerpts, #10 Exhibit 6.1 - trial testimony excerpts, #11 Exhibit 7 - 7.23.20 depo excerpts, #12 Exhibit 8 - excerpts from Underwood report, #13 Exhibit 9 - 1.15.21 depo excerpts, #14 Exhibit 10 - 6.28.18 depo excerpts, #15 Exhibit 11 - 12.16.20 depo excerpts, #16 Exhibit 12 - 10.27.20 depo excerpts, #17 Exhibit 13 - excerpts from Singer report, #18 Exhibit 14 - trial testimony excerpts, #19 Exhibit 15 - chat excerpts, #20 Exhibit 16 - chat excerpts, #21 Exhibit 17 - excerpt from consent order, #22 Exhibit 18 - 8.21.19 depo excerpts, #23 Exhibit 19 - audio file, #24 Exhibit 20 - audio file, #25 Exhibit 21 - excerpts from Melvin report, #26 Exhibit 22 - chat excerpts, #27 Exhibit 23 - chat excerpts, #28 Exhibit 24 - 11.29.18 depo excerpts, #29 Exhibit 25 - excerpts from Robin report, #30 Exhibit 26 - 11.27.18 depo excerpts, #31 Exhibit 27 - chat excerpts, #32 Exhibit 28 - chat excerpts, #33 Exhibit 29 - 6.6.18 depo excerpts, #34 Exhibit 30 - 8.24.20 depo excerpts, #35 Exhibit 31 - witness statement excerpts, #36 Exhibit 32 - 4.5.18 depo excerpts, #37 Exhibit 33 - 8.6.18 depo excerpts, #38 Exhibit 34 - 11.13.18 depo excerpts, #39 Exhibit 35 - chat excerpts, #40 Exhibit 36 - chat excerpts, #41 Exhibit 37 - chat excerpts, #42 Exhibit 38 - 8.1.19 depo excerpts, #43 Exhibit 39 - excerpts from Robin reply report, #44 Exhibit 40 - chat excerpts, #45 Exhibit 41 - excerpts from Underwood Boehler report, #46 Exhibit 42 - 12.16.20 depo excerpts, #47 Exhibit 43 - 5.31.19 depo excerpts, #48 Exhibit 44 - 12.15.20 depo excerpts, #49 Exhibit 45 - depo ex. excerpts, #50 Exhibit 46 - depo ex. excerpts, #51 Exhibit 47 - depo ex. 6T, #52 Exhibit 48 - depo ex. 10T, #53 Exhibit 49 - 3.4.21 depo excerpts, #54 Exhibit 50 - 11.27.18 depo excerpts, #55 Exhibit 51 - excerpts from Singer rebuttal report, #56 Exhibit 52 - 7.23.20 depo excerpts, #57 Exhibit 53 - chat excerpts)Motion or Order to File Under Seal: #1578 .(Burke, Christopher)
April 30, 2021 Opinion or Order Filing 1578 LETTER MOTION to Seal Summary Judgment Materials addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 4/30/2021. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
April 30, 2021 Opinion or Order Filing 1577 DECLARATION of Herbert S. Washer (redacted) in Support re: #1574 MOTION for Summary Judgment by the Credit Suisse Defendants.. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit 1- Robin Expert Report, #2 Exhibit 2 - Plaintiffs' Responses to Interrogatories, #3 Exhibit 3 - Trader Deposition Transcript, #4 Exhibit 4 - Trader Deposition Transcript, #5 Exhibit 5 - Trader Deposition Transcript, #6 Exhibit 6 - Barclays Chat, #7 Exhibit 7 - Robin Deposition Transcript, #8 Exhibit 8 - Trader Deposition Transcript, #9 Exhibit 9 - Citigroup Email and Attachment, #10 Exhibit 10 - Trader Deposition Transcript, #11 Exhibit 11 - Goldman Sachs Chat, #12 Exhibit 12 - JPMorgan Chat, #13 Exhibit 13 - Goldman Sachs Chat, #14 Exhibit 14 - Goldman Sachs Chat, #15 Exhibit 15 - Goldman Sachs Chat, #16 Exhibit 16 - FX Global Code, #17 Exhibit 17 - Trader Deposition Transcript, #18 Exhibit 18 - Trader Deposition Transcript, #19 Exhibit 19 - Trader Deposition Transcript, #20 Exhibit 20 - Trader Deposition Transcript, #21 Exhibit 21 - Trader Deposition Transcript, #22 Exhibit 22 - Trader Deposition Transcript, #23 Exhibit 23 - Trader Deposition Transcript, #24 Exhibit 24 - Trader Deposition Transcript, #25 Exhibit 25 - Trader Deposition Transcript, #26 Exhibit 26 - Trader Deposition Transcript, #27 Exhibit 27 - Trader Deposition Transcript, #28 Exhibit 28 - Trader Deposition Transcript, #29 Exhibit 29 - Trader Deposition Transcript, #30 Exhibit 30 - Trader Deposition Transcript, #31 Exhibit 31 - Trader Deposition Transcript, #32 Exhibit 32 - Trader Deposition Transcript, #33 Exhibit 33 - RBS Chat, #34 Exhibit 34 - Citigroup Email, #35 Exhibit 35 - HSBC Chat, #36 Exhibit 36 - Trader Deposition Transcript, #37 Exhibit 37 - Citigroup Email and Attachment, #38 Exhibit 38 - Credit Suisse Email and Attachment, #39 Exhibit 39 - Deutsche Bank Chat, #40 Exhibit 40 - Citigroup Chat, #41 Exhibit 41 - Goldman Sachs Chat, #42 Exhibit 42 - Citigroup Chat, #43 Exhibit 43 - Citigroup Chat, #44 Exhibit 44 - Barclays Chat, #45 Exhibit 45 - Barclays Chat, #46 Exhibit 46 - BNP Paribas Chat, #47 Exhibit 47 - Goldman Sachs Chat, #48 Exhibit 48 - Credit Suisse Chat, #49 Exhibit 49 - UBS Chat, #50 Exhibit 50 - UBS Chat).(Washer, Herbert)
April 30, 2021 Opinion or Order Filing 1576 MEMORANDUM OF LAW in Support re: #1574 MOTION for Summary Judgment by the Credit Suisse Defendants. (Redacted). Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
April 30, 2021 Opinion or Order Filing 1575 RULE 56.1 STATEMENT. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
April 30, 2021 Opinion or Order Filing 1574 MOTION for Summary Judgment by the Credit Suisse Defendants. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
April 30, 2021 Opinion or Order Filing 1573 ***SELECTED PARTIES*** LETTER addressed to Judge Lorna G. Schofield from Jason M. Hall dated April 30, 2021 re: Letter Motion for Sealing and Proposed Sealed Exhibits. Document filed by Morgan Stanley & Co., LLC, Credit Suisse Group AG, Michael J. Smith, Employees' Retirement System of the Government of the Virgin Islands, Michael Melissinos, Fresno County Employees Retirement Association, Oklahoma Firefighters Pension and Retirement System, BNP Paribas Securities, Inc., Izee Trading Company, Value Recovery Fund LLC, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, State-Boston Retirement System, Casey Sterk, Robert Charles Class A, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Goldman Sachs & Co. LLC, Peter Rives, Nasser Bakizada, Tiberius OC Fund, Ltd., Robert Miller, John Burnside, Haverhill Retirement System, John Kerstein, Credit Suisse AG, Thomas Gramatis, Mark Miller, Marc G. Frederighi, Aureus Currency Fund, L.P., Neil Taylor, Richard Preschern dba Preschern Trading, Steve Leaven, BNP Paribas North America, Doug Harvey, Syena Global Emerging Markets Fund, LP, Citigroup, N.A., The City of Philadelphia, Board of Pensions and Retirement, Robert L. Teel, Credit Suisse Securities (USA) LLC, Augustus International Master Fund, L.P., Systrax Corporation. (Attachments: #1 Exhibit Memorandum of Law in Support of the Credit Suisse Defendants' Motion for Summary Judgment, #2 Exhibit Local Rule 56.1 Statement in Support of the Credit Suisse Defendants' Motion for Summary Judgment, #3 Exhibit Declaration of Herbert S. Washer in Support of the Credit Suisse Defendants' Motion for Summary Judgment, #4 Exhibit Response to Interrogatories, #5 Exhibit Deposition Transcript, #6 Exhibit Deposition Transcript, #7 Exhibit Deposition Transcript, #8 Exhibit Chat Document, #9 Exhibit Deposition Transcript, #10 Exhibit Deposition Transcript, #11 Exhibit Email and Attachment, #12 Exhibit Deposition Transcript, #13 Exhibit Chat Document, #14 Exhibit Chat Document, #15 Exhibit Chat Document, #16 Exhibit Chat Document, #17 Exhibit Chat Document, #18 Exhibit Deposition Transcript, #19 Exhibit Deposition Transcript, #20 Exhibit Deposition Transcript, #21 Exhibit Deposition Transcript, #22 Exhibit Deposition Transcript, #23 Exhibit Deposition Transcript, #24 Exhibit Deposition Transcript, #25 Exhibit Deposition Transcript, #26 Exhibit Deposition Transcript, #27 Exhibit Deposition Transcript, #28 Exhibit Deposition Transcript, #29 Exhibit Deposition Transcript, #30 Exhibit Deposition Transcript, #31 Exhibit Deposition Transcript, #32 Exhibit Deposition Transcript, #33 Exhibit Deposition Transcript, #34 Exhibit Chat Document, #35 Exhibit Email, #36 Exhibit Chat Document, #37 Exhibit Deposition Transcript, #38 Exhibit Email and Attachment, #39 Exhibit Internal Business Email and Document, #40 Exhibit Chat Document, #41 Exhibit Chat Document, #42 Exhibit Chat Document, #43 Exhibit Chat Document, #44 Exhibit Chat Document, #45 Exhibit Chat Document, #46 Exhibit Chat Document, #47 Exhibit Chat Document, #48 Exhibit Chat Document, #49 Exhibit Chat Document, #50 Exhibit Chat Document, #51 Exhibit Chat Document, #52 Exhibit Plaintiffs' Memorandum in Opposition to Defendants' Motion for Summary Judgment and in Support of Plaintiffs' Cross-Motion for Summary Judgment, #53 Exhibit Plaintiffs' Responses to Defendants' Local Rule 56.1 Statement of Facts and Plaintiffs' Local Rule 56.1 Statement of Additional Material Facts, #54 Exhibit Chat Summary, #55 Exhibit Deposition Transcript, #56 Exhibit Deposition Transcript, #57 Exhibit Deposition Transcript, #58 Exhibit Deposition Transcript, #59 Exhibit Deposition Transcript, #60 Exhibit Expert Report, #61 Exhibit Deposition Transcript, #62 Exhibit Deposition Transcript, #63 Exhibit Deposition Transcript, #64 Exhibit Deposition Transcript, #65 Exhibit Expert Report, #66 Exhibit Email, #67 Exhibit Email, #68 Exhibit Deposition Transcript, #69 Exhibit Expert Report, #70 Exhibit Internal Seating Chart, #71 Exhibit Internal Seating Chart, #72 Exhibit Deposition Transcript, #73 Exhibit Deposition Transcript, #74 Exhibit Email, #75 Exhibit Email, #76 Exhibit Deposition Transcript, #77 Exhibit Deposition Transcript, #78 Exhibit Witness Statement, #79 Exhibit Deposition Transcript, #80 Exhibit Deposition Transcript, #81 Exhibit Deposition Transcript, #82 Exhibit Email Attachment, #83 Exhibit Email, #84 Exhibit Email, #85 Exhibit Deposition Transcript, #86 Exhibit Expert Report, #87 Exhibit Email, #88 Exhibit Expert Report, #89 Exhibit Reply Memorandum of Law in Support of the Credit Suisse Defendants' Motion for Summary Judgment and in Opposition to Plaintiffs' Cross-Motion for Summary Judgment, #90 Exhibit Credit Suisse Defendants' Response to Plaintiffs' Local Rule 56.1 Statement of Additional Material Facts, #91 Exhibit Declaration of Herbert S. Washer in Support of the Credit Suisse Defendants' Motion for Summary Judgment and in Opposition to Plaintiffs' Cross-Motion for Summary Judgement, #92 Exhibit Chat Document, #93 Exhibit Chat Document, #94 Exhibit Internal Business Document, #95 Exhibit Email, #96 Exhibit Email, #97 Exhibit Internal Business Document, #98 Exhibit Internal Business Document, #99 Exhibit Internal Business Document, #100 Exhibit Expert Report, #101 Exhibit Chat Document, #102 Exhibit Chat Document, #103 Exhibit Chat Document, #104 Exhibit Deposition Transcript, #105 Exhibit Deposition Transcript, #106 Exhibit Deposition Transcript, #107 Exhibit Deposition Transcript, #108 Exhibit Deposition Transcript, #109 Exhibit Deposition Transcript, #110 Exhibit Deposition Transcript, #111 Exhibit Deposition Transcript, #112 Exhibit Deposition Transcript, #113 Exhibit Deposition Transcript, #114 Exhibit Deposition Transcript, #115 Exhibit Deposition Transcript, #116 Exhibit Deposition Transcript, #117 Exhibit Deposition Transcript, #118 Exhibit Deposition Transcript, #119 Exhibit Deposition Transcript, #120 Exhibit Deposition Transcript, #121 Exhibit Deposition Transcript, #122 Exhibit Deposition Transcript, #123 Exhibit Deposition Transcript, #124 Exhibit Deposition Transcript, #125 Exhibit Chat Document, #126 Exhibit Witness Statement, #127 Exhibit Deposition Transcript, #128 Exhibit Deposition Transcript, #129 Exhibit Deposition Transcript, #130 Exhibit Deposition Transcript, #131 Exhibit Deposition Transcript, #132 Exhibit Deposition Transcript, #133 Exhibit Chat Document, #134 Exhibit Chat Document, #135 Exhibit Chat Document, #136 Exhibit Expert Report, #137 Exhibit Expert Report, #138 Exhibit Plaintiffs' Reply Memorandum in Support of Cross Motion for Summary Judgment, #139 Exhibit Deposition Transcript, #140 Exhibit Deposition Transcript, #141 Exhibit Deposition Transcript, #142 Exhibit Submission, #143 Exhibit Witness Statement, #144 Exhibit Audio File Transcript, #145 Exhibit Audio File Transcript, #146 Exhibit Deposition Transcript, #147 Exhibit Deposition Transcript, #148 Exhibit Expert Report, #149 Exhibit Deposition Transcript, #150 Exhibit Internal Business Document)Motion or Order to File Under Seal: #1572 .(Hall, Jason)
April 30, 2021 Opinion or Order Filing 1572 LETTER MOTION to Seal Regarding Summary Judgment Motions addressed to Judge Lorna G. Schofield from Jason M. Hall dated April 30, 2021. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Hall, Jason)
March 23, 2021 Opinion or Order Filing 1571 ORDER: granting #1568 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED: The motion is granted. SO ORDERED. Attorney Robert Alexander Lawner terminated. (Signed by Judge Lorna G. Schofield on 3/23/2021) (ama)
March 22, 2021 Opinion or Order Filing 1570 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Goldman Sachs & Co. LLC, The Goldman Sachs Group, Inc.. Related Document Number: #1568 ..(Lawner, Robert)
March 22, 2021 Opinion or Order Filing 1569 DECLARATION of Robert A. Lawner in Support re: #1568 MOTION for Robert A. Lawner to Withdraw as Attorney .. Document filed by Goldman Sachs & Co. LLC, The Goldman Sachs Group, Inc...(Lawner, Robert)
March 22, 2021 Opinion or Order Filing 1568 MOTION for Robert A. Lawner to Withdraw as Attorney . Document filed by Goldman Sachs & Co. LLC, The Goldman Sachs Group, Inc...(Lawner, Robert)
March 17, 2021 Opinion or Order Filing 1567 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Jason M. Hall dated 3/17/2021 re: Follow-up to Court's scheduling order. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
March 12, 2021 Opinion or Order Filing 1566 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Jason M. Hall dated 3/12/2021 re: Joint status report. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
March 10, 2021 Opinion or Order Filing 1565 NOTICE OF CHANGE OF ADDRESS by Vincent Roger Cappucci on behalf of Augustus International Master Fund, L.P., Value Recovery Fund LLC. New Address: Entwistle & Cappucci LLP, 230 Park Avenue, 3rd Floor, New York, New York, United States 10169, 212-894-7200..(Cappucci, Vincent)
March 10, 2021 Opinion or Order Filing 1564 NOTICE OF CHANGE OF ADDRESS by Robert N Cappucci on behalf of Augustus International Master Fund, L.P., Value Recovery Fund LLC. New Address: Entwistle & Cappucci LLP, 230 Park Avenue, 3rd Floor, New York, New York, United States 10169, 212-894-7200..(Cappucci, Robert)
March 10, 2021 Opinion or Order Filing 1563 NOTICE OF CHANGE OF ADDRESS by Andrew J Entwistle on behalf of Augustus International Master Fund, L.P., Value Recovery Fund LLC. New Address: Entwistle & Cappucci LLP, 401 Congress Avenue, Suite 1170, Austin, Texas, United States 78701, 512-710-5960..(Entwistle, Andrew)
March 1, 2021 Opinion or Order Filing 1562 NOTICE AND ORDER FOR WITHDRAWAL OF COUNSEL: Anand Sithian hereby withdraws as counsel for defendant MUFG Bank, Ltd. (f/k/a The Bank of Tokyo-Mitsubishi UFJ, Ltd.) and shall be removed from the Case Management/Electronic Case Files (CM/ECF) notification list in the above-captionedaction. (As further set forth in this Order.) Attorney Anand Sithian terminated. (Signed by Judge Lorna G. Schofield on 3/1/2021) (cf)
February 26, 2021 Opinion or Order Filing 1561 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Bank of Tokyo-Mitsubishi UFJ Ltd...(Sithian, Anand)
February 11, 2021 Opinion or Order Filing 1560 LETTER from M. Moreno, CEO of Simec International, S.A. de C.V., dated 2/3/21 re: In accordance to the Legal Rights and Options in the Action referred to in the Notice, we respectfully inform you that Simec or any of its controllers, or subsidiaries do not have pending claim, action, trial, dispute or litigation against the CS defendants, as defined in the Summary Notice of Certified Litigation Class and/or against Credit Suisse Group and/or Credit Suisse Securities (USA) LLC, in matter of Foreign Exchange Benchmark rates or any other matter in which Simec and the Defendants could have had any relationship for reason of their respective business. Therefore, this statement must serve as the request of Simec to be excluded from the Litigation Class, as defined in the Notice etc. (sc)
February 3, 2021 Opinion or Order Filing 1559 MEMO ENDORSEMENT granting #1558 Motion to Withdraw. ENDORSEMENT: So Ordered. (Signed by Judge Lorna G. Schofield on 2/3/2021) (cf)
February 2, 2021 Opinion or Order Filing 1558 MOTION to Withdraw Attorney Stephanie A. Hackett. Document filed by Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System..(Burke, Christopher)
January 27, 2021 Opinion or Order Filing 1557 ORDER granting #1556 Letter Motion for Extension of Time. The application is GRANTED. For those Class Members that UBS had not yet sent notice to as of January 26, 2021, the deadline for requests for exclusion is extended to April 27, 2021. (Signed by Judge Lorna G. Schofield on 1/27/2021) (cf)
January 26, 2021 Opinion or Order Filing 1556 LETTER MOTION for Extension of Time to request exclusion from the litigation class addressed to Judge Lorna G. Schofield from Michael D. Hausfeld & Christopher M. Burke dated January 26, 2021. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Hausfeld, Michael)
January 25, 2021 Opinion or Order Filing 1555 ORDER granting in part and denying in part #1554 Letter Motion for Leave to File Excess Pages. The application is GRANTED in part. The parties' Rule 56.1 statements and counter-statements shall not exceed 50 pages. In support of or in opposition to the parties' cross motions for summary judgment (see Dkt. No. 1544), each party shall file exhibits totaling no more than 225 pages, but without limitation as to the number of exhibits filed. The exhibits shall be excerpted to include only relevant material, but the parties may provide the Court with documents in their entirety on a CD. The parties shall otherwise comply with the page limits setforth in the Court's November 12, 2020, Order at Docket No.1544 and with Individual Rules III.B.1 and III.B.3. (Signed by Judge Lorna G. Schofield on 1/25/2021) (cf)
January 22, 2021 Opinion or Order Filing 1554 JOINT LETTER MOTION for Leave to File Excess Pages addressed to Judge Lorna G. Schofield from Jason M. Hall dated 1/22/2021. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Hall, Jason)
January 21, 2021 Opinion or Order Filing 1553 ORDER AUTHORIZING PAYMENTS FOR SETTLEMENT ADMINISTRATION EXPENSES FROM SETTLEMENT FUNDS: NOW, THEREFORE, IT IS HEREBY ORDERED:All terms in initial capitalization used in this Order shall have the same meanings as set forth in the Settlement Agreements and the Preliminary Approval Orders, unless otherwise defined herein. The Court authorizes Class Counsel to pay up to an additional $3,000,000 (for a total of $24,500,000) from the settlement funds for reasonable Settlement Administration Expenses. Any such expenses in excess of $24,500,000 may be paid from the settlement funds only with the approval of the Court. SO ORDERED. (Signed by Judge Lorna G. Schofield on 1/21/2021) (ama)
January 20, 2021 Opinion or Order Filing 1552 PROPOSED ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. Related Document Number: #1551 ..(Burke, Christopher) Proposed Order to be reviewed by Clerk's Office staff.
January 20, 2021 Opinion or Order Filing 1551 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 1/20/2021 re: request for additional disbursement. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
January 20, 2021 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #1552 Proposed Order was reviewed and approved as to form. (km)
January 19, 2021 Opinion or Order Filing 1550 LETTER addressed to Judge Lorna G. Schofield from David C. Esseks dated January 19, 2021 re: Notification Pursuant to Rule 1.12 of the Rules of Professional Conduct. Document filed by BNP Paribas Group, BNP Paribas Securities Corp...(Esseks, David)
January 13, 2021 Opinion or Order Filing 1549 MEMO ENDORSED ORDER granting #1548 Motion to Withdraw as Attorney. So Ordered. ( Attorney Camille Latoya Fletcher terminated.) (Signed by Judge Lorna G. Schofield on 1/13/21) (yv)
January 12, 2021 Opinion or Order Filing 1548 MOTION for Camille L. Fletcher to Withdraw as Attorney . Document filed by BNP Paribas Group, BNP Paribas North America, BNP Paribas Securities Corp...(Fletcher, Camille)
January 8, 2021 Opinion or Order Filing 1547 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Jason M. Hall dated 1/8/2021 re: Status report. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
November 19, 2020 Opinion or Order Filing 1546 ORDER APPROVING THE FORM AND MANNER OF NOTICE OF THE CERTIFIED LITIGATION CLASS granting #1506 Motion to Approve. NOW, THEREFORE, IT IS HEREBY ORDERED AND FOUND: 1. All terms in initial capitalization used in this Order shall have the same meanings as defined herein. 2. The Court approves, as to form and content, the Summary Notice of Certified Litigation Class ("Summary Notice") and the Notice of Certified Litigation Class ("Detailed Notice"), in substantially in the form attached as Exhibits 1 and 2, respectively, to the Declaration of Christopher M. Burke and Michael D. Hausfeld, dated September 29, 2020. ECF No. 1509. (As further set forth in this Order.) A Request for Exclusion must be: (a) in writing; (b) signed by the Person (defined as the individual or entity holding the claim) or his, her, or its authorized representative; (c) state the name, address and phone number of that Person; and (d) include a signed statement that "I/we hereby request that I/we be excluded from the Settlements in the In re Foreign Exchange Benchmark Rates Antitrust Litigation" or the substantive equivalent. The request must be postmarked by 2/17/2021 and mailed to the Notice Administrator at: In re Foreign Exchange Benchmark Rates Antitrust Litigation, c/o Epiq Global, P.O. Box 10239, Dublin, OH 43017-5739. (Signed by Judge Lorna G. Schofield on 11/19/2020) (cf)
November 17, 2020 Opinion or Order LETTERS ROGATORY ISSUED on November 17, 2020, and picked up by Scott + Scott, L.L.P, to be served in London.(km)
November 13, 2020 Opinion or Order Filing 1545 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Jason M. Hall dated 11/13/2020 re: Status report. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
November 12, 2020 Opinion or Order Filing 1544 ORDER terminating #1518 Letter Motion for Conference; terminating #1519 Letter Motion for Conference. WHEREAS, pursuant to the Seventh Amended Civil Case Management Plan and Scheduling Order (Dkt. No. 1454), a case management conference is scheduled for November 12, 2020. It is hereby ORDERED that the case management conference scheduled for November 12, 2020, is CANCELLED. It is further ORDERED that the parties shall brief their proposed motions for summary judgment according to the following schedule: Defendant Credit Suisse shall file its Opening Brief, not to exceed thirty-seven (37) pages, by January 29, 2021; Plaintiffs shall file their Opening/Responsive Brief, not to exceed fifty-seven (57) pages, by March 5, 2021; Defendant Credit Suisse shall file its Responsive/Reply Brief, not to exceed thirty-eight (38) pages, by April 9, 2021; and Plaintiffs shall file their Reply Brief, not to exceed eighteen (18) pages, by April 28, 2021. It is further ORDERED that, notwithstanding the aforementioned page allocations, the parties may reallocate the page numbers as they deem appropriate, so long as no party exceeds seventy-five (75) pages of briefing in total. The parties shall otherwise comply with the Court's Individual Rules, and if in effect, the Emergency Individual Rules and Practices in light of COVID-19. It is further ORDERED that the parties shall serve the motion papers by the deadlines set forth above, and by April 30, 2021, shall file the motion papers on the docket, along with any request to file certain materials under seal. It is further ORDERED that by January 22, 2021, the parties shall jointly file any letter requesting relief from the Court's Individual Rules III.B.3 and III.C.6. The Clerk of Court is respectfully directed to close the motions at Docket Nos. 1518 and 1519. (Signed by Judge Lorna G. Schofield on 11/12/2020) (mro)
November 12, 2020 Opinion or Order Set/Reset Deadlines: Brief due by 3/5/2021. Responses due by 4/9/2021 Replies due by 4/28/2021. (mro)
November 10, 2020 Opinion or Order Filing 1543 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Herbert S. Washer dated 11/10/2020 re: upcoming summary judgment motions. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
November 6, 2020 Opinion or Order Filing 1542 ORDER GRANTING MOTION FOR ISSUANCE OF A HAGUE CONVENTION REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE TO TAKE TESTIMONY OVERSEAS: granting (1527) Motion for Discovery in case 1:13-cv-07789-LGS. HEREBY ORDERS THAT: The Motion is GRANTED. The parties will be subject to all safety guidance issued by this Court and the courts of the United Kingdom with regard to the COVID-19 pandemic in order to ensure that the deposition will proceed in a safe manner for the deponent, counsel, and other personnel. The Clerk of Court is respectfully directed to close the motion at Docket No. 1527. And as set forth herein. SO ORDERED.. (Signed by Judge Lorna G. Schofield on 11/06/2020) Filed In Associated Cases: 1:13-cv-07789-LGS et al. (ama)
November 6, 2020 Opinion or Order Filing 1541 ORDER: granting #1533 Letter Motion to Seal; granting #1534 Letter Motion for Conference; granting #1535 Letter Motion for Conference; granting #1536 Letter Motion to Seal. ORDERED that, the parties' motions to seal at Docket Nos. 1533 and 1536 are GRANTED. The unredacted version of Defendant's November 5, 2020, responsive letter filed at Docket No. 1537 will remain sealed, the unredacted version of Plaintiffs' November 5, 2020 responsive letter filed at Docket No. 1535 will remain sealed and only the parties and individuals identified in the attached Appendix A will have access. Although "[t]he common law right of public access to judicial documents is firmly rooted in our nation's history," this right is not absolute, and courts "must balance competing considerations against' the presumption of access. Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 11920 (2d Cir. 2006) (internal quotation marks omitted); see also Nixon v. Warner Commc'ns., Inc., 435 U.S. 589, 599 (1978) ("[T]he decision as to access is one best left to the sound discretion of the trial court, a discretion to be exercised in light of the relevant facts and circumstances of the particular case."). Filing the above-referenced document in redacted form is necessary to prevent the unauthorized dissemination of confidential information related to non-parties. The Clerk of Court is respectfully directed to close the motions at Docket Nos. 1533, 1534, 1535, 1536.. (Signed by Judge Lorna G. Schofield on 11/06/2020) (ama)
November 6, 2020 Opinion or Order Filing 1540 MEMO ENDORSEMENT on re: #1526 Notice (Other) filed by JPMorgan Chase & Co., JPMorgan Chase Bank National Association. ENDORSEMENT: So Ordered. Attorney Anuja Thatte terminated. (Signed by Judge Lorna G. Schofield on 11/6/2020) (cf)
November 6, 2020 Opinion or Order Filing 1539 ORDER granting #1520 Letter Motion to Seal; granting #1522 Letter Motion to Seal; granting #1523 Letter Motion for Conference ; granting #1525 Letter Motion for Conference. It is hereby ORDERED that, Plaintiffs' motion to seal is GRANTED. The unredacted versions of the pre-motion letter filed at Docket Nos. 1518 and 1525 will remain sealed, and only the parties and individuals identified in the attached Appendix A will have access. The Clerk of Court is respectfully directed to close the motions at Docket Nos. 1520, 1522, 1523 and 1525. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 11/6/2020) (cf)
November 5, 2020 Opinion or Order Filing 1538 LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Jason M. Hall dated November 5, 2020 re: #1518 LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Michael D. Hausfeld & Christopher M. Burke dated October 29, 2020. . Document filed by Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
November 5, 2020 Opinion or Order Filing 1537 ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Jason M. Hall dated November 5, 2020 re: #1518 LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Michael D. Hausfeld & Christopher M. Burke dated October 29, 2020. . Document filed by Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, J. Paul Antonello, Aureus Currency Fund, L.P., Credit Suisse AG, Credit Suisse Group AP, Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. Motion or Order to File Under Seal: #1536 .(Washer, Herbert)
November 5, 2020 Opinion or Order Filing 1536 LETTER MOTION to Seal Credit Suisse's November 5, 2020 response to Plaintiffs' October 29, 2020 pre-motion letter addressed to Judge Lorna G. Schofield from Jason M. Hall dated November 5, 2020. Document filed by Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Appendix A).(Hall, Jason)
November 5, 2020 Opinion or Order Filing 1535 ***SELECTED PARTIES*** LETTER MOTION for Conference re: #1533 LETTER MOTION to Seal Plaintiffs Letter in response to Defendants pre-motion conference letter regarding summary judgment addressed to Judge Lorna G. Schofield from Michael D. Hausfeld & Christopher M. Burke dated November 5, 2020. addressed to Judge Lorna G. Schofield from Michael D. Hausfeld & Christopher M. Burke dated November 5, 2020. Document filed by Michael J. Smith, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Michael Melissinos, Oklahoma Firefighters Pension and Retirement System, Izee Trading Company, J. Paul Antonello, Value Recovery Fund LLC, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, State-Boston Retirement System, Casey Sterk, Employees' Retirement System of Puerto Rico Electric Power Authority, Peter Rives, Tiberius OC Fund, Ltd., Robert Miller, Haverhill Retirement System, John Kerstein, Thomas Gramatis, Mark Miller, Marc G. Frederighi, Aureus Currency Fund, L.P., Richard Preschern dba Preschern Trading, Doug Harvey, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Systrax Corporation.Motion or Order to File Under Seal: #1533 .(Hausfeld, Michael)
November 5, 2020 Opinion or Order Filing 1534 LETTER MOTION for Conference re: #1533 LETTER MOTION to Seal Plaintiffs Letter in response to Defendants pre-motion conference letter regarding summary judgment addressed to Judge Lorna G. Schofield from Michael D. Hausfeld & Christopher M. Burke dated November 5, 2020. addressed to Judge Lorna G. Schofield from Michael D. Hausfeld & Christopher M. Burke dated November 5, 2020. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Hausfeld, Michael)
November 5, 2020 Opinion or Order Filing 1533 LETTER MOTION to Seal Plaintiffs Letter in response to Defendants pre-motion conference letter regarding summary judgment addressed to Judge Lorna G. Schofield from Michael D. Hausfeld & Christopher M. Burke dated November 5, 2020. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Hausfeld, Michael)
November 4, 2020 Opinion or Order Filing 1532 LETTER addressed to Judge Lorna G. Schofield from Jason M. Hall dated November 4, 2020 re: support of Plaintiffs' unopposed letter motion to file a redacted version of their pre-motion letter. Document filed by Bank Of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Deutsche Bank Securities Inc., Goldman Sachs & Co. LLC, Goldman, Sachs & Co., HSBC Bank USA, N.A., HSBC Bank plc, HSBC Holdings plc, HSBC North America Holdings, Inc., HSBC Securities (USA) Inc., JPMorgan Chase & Co., JPMorgan Chase Bank National Association, Morgan Stanley, Morgan Stanley & Co. International plc, Morgan Stanley & Co. LLC, Morgan Stanley & Co., LLC, RBC Capital Markets, LLC, RBS Securities, Inc., Standard Chartered Bank, Standard Chartered PLC, UBS AG, UBS Group AG, UBS Securities LLC..(Hall, Jason)
November 2, 2020 Opinion or Order Filing 1531 NOTICE OF CHANGE OF ADDRESS by Michael D. Hausfeld on behalf of J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. New Address: HAUSFELD LLP, 888 16th Street, NW, Suite 300, Washington, DC, USA 20006, 202-540-7200..(Hausfeld, Michael)
November 2, 2020 Opinion or Order Filing 1530 PROPOSED ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. Related Document Number: #1527 ..(Burke, Christopher) Proposed Order to be reviewed by Clerk's Office staff.
November 2, 2020 Opinion or Order Filing 1529 DECLARATION of Christopher M. Burke in Support re: #1527 MOTION for Discovery for issuance of Hague Letter of Request.. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A - Letter request, #2 Exhibit 1 - Confidentiality stip and order, #3 Exhibit 2 - TAC, #4 Exhibit 3 - 1/28/2015 order, #5 Exhibit 4 - 9/20/2016 order, #6 Exhibit 5 - 9/3/2019 order, #7 Exhibit 6 - 8/25/2020 memo endorsement, #8 Exhibit B - excerpt of claim form, #9 Exhibit C - 10/10/2019 witness statement, #10 Exhibit D - 6/29/2010 chat transcript, #11 Exhibit E - 8/26/2010 chat transcript, #12 Exhibit F - 12/14/2009 chat transcript, #13 Exhibit G - 11/7/2011 chat transcript, #14 Exhibit H - 1/9/2009 chat transcript, #15 Exhibit I - 5/13/2009 chat transcript, #16 Exhibit J - 5/10/2010 chat transcript, #17 Exhibit K - 10/7/2008 chat transcript, #18 Exhibit L - 5/11/2010 chat transcript, #19 Exhibit M - 3/15/2011 chat transcript, #20 Exhibit N - 1/12/2010 chat transcript, #21 Exhibit O - 2/28/2011 chat transcript).(Burke, Christopher)
November 2, 2020 Opinion or Order Filing 1528 MEMORANDUM OF LAW in Support re: #1527 MOTION for Discovery for issuance of Hague Letter of Request. (Redacted). Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
November 2, 2020 Opinion or Order Filing 1527 MOTION for Discovery for issuance of Hague Letter of Request. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Text of Proposed Order).(Burke, Christopher)
November 2, 2020 Opinion or Order Filing 1526 NOTICE of Withdrawal of Counsel as to Defendants J.P. Morgan Chase & Co. and J.P. Morgan Chase Bank National Association. Document filed by JPMorgan Chase & Co., JPMorgan Chase Bank National Association..(Thatte, Anuja)
November 2, 2020 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #1530 Proposed Order was reviewed and approved as to form. (dt)
October 30, 2020 Opinion or Order Filing 1525 ***SELECTED PARTIES*** LETTER MOTION for Conference re: #1522 LETTER MOTION to Seal Portions of Plaintiffs Letter Motion for Conference re: Summary Judgment addressed to Judge Lorna G. Schofield from Michael D. Hausfeld & Christopher M. Burke dated October 30, 2020. addressed to Judge Lorna G. Schofield from Michael D. Hausfeld & Christopher M. Burke dated October 29, 2020. Document filed by Michael J. Smith, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Michael Melissinos, Oklahoma Firefighters Pension and Retirement System, Izee Trading Company, J. Paul Antonello, Value Recovery Fund LLC, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, State-Boston Retirement System, Casey Sterk, Employees' Retirement System of Puerto Rico Electric Power Authority, Peter Rives, Tiberius OC Fund, Ltd., Robert Miller, Haverhill Retirement System, John Kerstein, Thomas Gramatis, Mark Miller, Marc G. Frederighi, Aureus Currency Fund, L.P., Richard Preschern dba Preschern Trading, Doug Harvey, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Systrax Corporation.Motion or Order to File Under Seal: #1522 .(Hausfeld, Michael)
October 30, 2020 Opinion or Order Filing 1524 ORDER: It is hereby ORDERED that, by November 2, 2020, Plaintiffs shall file a letter motion to file a redacted version of the pre-motion letter at Docket No. 1518, pursuant to Individual Rule I.C.3. It is further ORDERED that, because the party with an interest in confidential treatment bears the burden of persuasion, by November 4, 2020, Defendants shall file any letter in support of the motion. It is further ORDERED that the parties anticipated motions for summary judgment will be discussed during the case management conference scheduled for November 12, 2020, at 10:40 a.m. The conference will be telephonic and will occur on the following conference line: 888-363-4749, access code: 5583333. The time of the conference is approximate, but the parties shall be prepared to begin at the scheduled time. (As further set forth in this Order.) ( Motions due by 11/2/2020., Replies due by 11/4/2020., Telephone Conference set for 11/12/2020 at 10:40 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 10/30/2020) (cf)
October 30, 2020 Opinion or Order Filing 1523 LETTER MOTION for Conference re: #1522 LETTER MOTION to Seal Portions of Plaintiffs Letter Motion for Conference re: Summary Judgment addressed to Judge Lorna G. Schofield from Michael D. Hausfeld & Christopher M. Burke dated October 30, 2020. addressed to Judge Lorna G. Schofield from Michael D. Hausfeld & Christopher M. Burke dated October 29, 2020. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Hausfeld, Michael)
October 30, 2020 Opinion or Order Filing 1522 LETTER MOTION to Seal Portions of Plaintiffs Letter Motion for Conference re: Summary Judgment addressed to Judge Lorna G. Schofield from Michael D. Hausfeld & Christopher M. Burke dated October 30, 2020. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Hausfeld, Michael)
October 30, 2020 Opinion or Order Filing 1521 ORDER granting #1514 Letter Motion for Discovery. It is hereby ORDERED that Plaintiffs' redaction and seal requests are GRANTED. (As further set forth in this Order.) It is further ORDERED that, by November 4, 2020, Plaintiffs shall file the Motion with the approved redactions. (Signed by Judge Lorna G. Schofield on 10/30/2020) (cf)
October 30, 2020 Opinion or Order Filing 1520 LETTER MOTION to Seal ECF No. 1518 addressed to Judge Lorna G. Schofield from Michael D. Hausfeld & Christopher M. Burke dated October 30, 2020. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Hausfeld, Michael)
October 30, 2020 Opinion or Order Set/Reset Deadlines: Motions due by 11/4/2020. (cf)
October 29, 2020 Opinion or Order Filing 1519 LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Herbert S. Washer dated October 29, 2020. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
October 29, 2020 Opinion or Order Filing 1518 LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Michael D. Hausfeld & Christopher M. Burke dated October 29, 2020. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Hausfeld, Michael)
October 29, 2020 Opinion or Order Filing 1517 LETTER addressed to Judge Lorna G. Schofield from Michael D. Hausfeld dated October 29, 2020 re: Removal of Counsel William P. Butterfield from the docket. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Hausfeld, Michael)
October 26, 2020 Opinion or Order Filing 1516 ***SELECTED PARTIES***DECLARATION of Christopher M. Burke in Support re: #1514 LETTER MOTION for Discovery to file Hague request under seal addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 10/26/2020.. Document filed by Michael J. Smith, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Michael Melissinos, Oklahoma Firefighters Pension and Retirement System, Izee Trading Company, J. Paul Antonello, Value Recovery Fund LLC, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, State-Boston Retirement System, Casey Sterk, Employees' Retirement System of Puerto Rico Electric Power Authority, Peter Rives, Tiberius OC Fund, Ltd., Robert Miller, Haverhill Retirement System, John Kerstein, Thomas Gramatis, Mark Miller, Marc G. Frederighi, Aureus Currency Fund, L.P., Richard Preschern dba Preschern Trading, Doug Harvey, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Systrax Corporation, BNP Paribas North America, BNP Paribas Securities, Inc., Citigroup, N.A., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Goldman Sachs & Co. LLC, Morgan Stanley & Co., LLC. (Attachments: #1 Exhibit A - Letter request, #2 Exhibit B - Tribunal excerpt, #3 Exhibit C - 10/10/19 statement, #4 Exhibit D - 6/29/2010 chat transcript, #5 Exhibit E - 8/26/2010 chat transcript, #6 Exhibit F - 12/14/2009 chat transcript, #7 Exhibit G - 11/7/2011 chat transcript, #8 Exhibit H - 1/9/2009 chat transcript, #9 Exhibit I - 5/13/2009 chat transcript, #10 Exhibit J - 5/10/2010 chat transcript, #11 Exhibit K - 10/7/2008 chat transcript, #12 Exhibit L - 5/11/2010 chat transciprt, #13 Exhibit M - 3/15/2011 chat transcript, #14 Exhibit N - 1/12/2010 chat transcript, #15 Exhibit O - 2/28/2011 chat transcript)Motion or Order to File Under Seal: #1514 .(Burke, Christopher)
October 26, 2020 Opinion or Order Filing 1515 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #1514 LETTER MOTION for Discovery to file Hague request under seal addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 10/26/2020. . Document filed by Michael J. Smith, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Michael Melissinos, Oklahoma Firefighters Pension and Retirement System, Izee Trading Company, J. Paul Antonello, Value Recovery Fund LLC, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, State-Boston Retirement System, Casey Sterk, Employees' Retirement System of Puerto Rico Electric Power Authority, Peter Rives, Tiberius OC Fund, Ltd., Robert Miller, Haverhill Retirement System, John Kerstein, Thomas Gramatis, Mark Miller, Marc G. Frederighi, Aureus Currency Fund, L.P., Richard Preschern dba Preschern Trading, Doug Harvey, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Systrax Corporation, BNP Paribas North America, BNP Paribas Securities, Inc., Citigroup, N.A., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Goldman Sachs & Co. LLC, Morgan Stanley & Co., LLC. Motion or Order to File Under Seal: #1514 .(Burke, Christopher)
October 26, 2020 Opinion or Order Filing 1514 LETTER MOTION for Discovery to file Hague request under seal addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 10/26/2020. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
October 9, 2020 Opinion or Order Filing 1513 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/7/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
October 9, 2020 Opinion or Order Filing 1512 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/7/2020 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Khristine Sellin, (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 10/30/2020. Redacted Transcript Deadline set for 11/9/2020. Release of Transcript Restriction set for 1/7/2021..(McGuirk, Kelly)
October 7, 2020 Opinion or Order Filing 1511 ORDER: It is hereby ORDERED that, for substantially the reasons stated at the conference, Credit Suisse's request to produce the Unified Dataset in the Allianz litigation is DENIED. (Signed by Judge Lorna G. Schofield on 10/7/2020) (rro)
October 7, 2020 Opinion or Order Minute Entry for proceedings held before Judge Lorna G. Schofield: Telephone Conference held on 10/7/2020. (Court Reporter Present) (jcs)
October 5, 2020 Opinion or Order Filing 1510 ORDER: It is hereby ORDERED that, the status conference will now occur on October 7, 2020, at 10:30 A.M. The conference shall occur telephonically, on the following conference line: (888) 363-4749, access code: 5583333. The time is approximate, but the parties shall ensure that they are dialed into the conference line by the appointed conference time. (Signed by Judge Lorna G. Schofield on 10/5/2020) ( Telephone Conference set for 10/7/2020 at 10:30 AM before Judge Lorna G. Schofield.) (ks)
September 30, 2020 Opinion or Order Filing 1509 DECLARATION of Christopher M. Burke & Michael D. Hausfeld in Support re: #1506 MOTION to Approve The Form and Manner of Notice for The Certified Litigation Class .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit - Proposed Summary Notice, #2 Exhibit - Proposed Detailed Notice).(Hausfeld, Michael)
September 30, 2020 Opinion or Order Filing 1508 MEMORANDUM OF LAW in Support re: #1506 MOTION to Approve The Form and Manner of Notice for The Certified Litigation Class . . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Hausfeld, Michael)
September 30, 2020 Opinion or Order Filing 1507 PROPOSED ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. Related Document Number: #1506 ..(Hausfeld, Michael) Proposed Order to be reviewed by Clerk's Office staff.
September 30, 2020 Opinion or Order Filing 1506 MOTION to Approve The Form and Manner of Notice for The Certified Litigation Class . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Hausfeld, Michael)
September 30, 2020 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #1507 Proposed Order was reviewed and approved as to form. (km)
September 28, 2020 Opinion or Order Filing 1505 MEMO ENDORSEMENT on re: #1504 Letter filed by Deutsche Bank Securities Inc., Deutsche Bank AG. ENDORSEMENT: The Clerk of Court is respectfully requested to remove Nickolas Barber from the ECF notification list. So Ordered. Attorney Nickolas Barber terminated. (Signed by Judge Lorna G. Schofield on 9/28/2020) (va)
September 25, 2020 Opinion or Order Filing 1504 LETTER addressed to Judge Lorna G. Schofield from Nickolas Barber dated 09/25/2020 re: Removal from ECF Notification List. Document filed by Deutsche Bank AG, Deutsche Bank Securities Inc...(Barber, Nickolas)
September 24, 2020 Opinion or Order Filing 1503 MEMO ENDORSEMENT on #1501 granting #1498 Letter Motion for Local Rule 37.2 Conference. ENDORSEMENT: A pre-motion conference will be held on October 7, 2020, at 10:40 a.m. The conference will be telephonic and will be held on the following conference line: 888-363-4749, access code: 5583333. The time of the pre-motion conference is approximate, but the parties shall be ready to proceed by that time. (Telephone Conference set for 10/7/2020 at 10:40 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 9/24/2020) (rro)
September 23, 2020 Opinion or Order Filing 1502 ORDER granting #1491 Letter Motion for Leave to File Document. It is hereby ORDERED, that Plaintiffs shall file the Notice Motion by October 7, 2020. The Court will address Plaintiffs proposed schedule for distribution of the Notice of Certified Litigation Class, upon consideration of Plaintiffs Notice Motion and proposed manner and form of distribution. The Clerk of Court is respectfully requested to close Docket No. 1491. (Signed by Judge Lorna G. Schofield on 9/23/2020) (jca)
September 23, 2020 Opinion or Order Filing 1501 LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 9/23/2020 re: #1498 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Lorna G. Schofield from Jason M. Hall dated September 15, 2020. . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
September 16, 2020 Opinion or Order Filing 1500 ORDER with respect to #1498 Letter Motion for Local Rule 37.2 Conference: Plaintiffs shall file a letter response, not to exceed three (3) pages, by September 23, 2020. (Signed by Judge Lorna G. Schofield on 9/16/2020) (jwh)
September 16, 2020 Opinion or Order Filing 1499 ORDER granting #1490 Letter Motion for Discovery: ORDERED, for substantially the reasons stated in NYDFS's September 8, 2020, letter (Dkt. No. 1490) and Defendant Credit Suisse's September 11, 2020, letter in support (Dkt. No. 1490), that, NYDFS's motion to quash is granted. (Signed by Judge Lorna G. Schofield on 9/15/2020) (jwh)
September 16, 2020 Opinion or Order Set/Reset Deadlines as to #1498 LETTER MOTION for Local Rule 37.2 Conference: Responses due by 9/23/2020 (jwh)
September 15, 2020 Opinion or Order Filing 1498 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Lorna G. Schofield from Jason M. Hall dated September 15, 2020. Document filed by Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Hall, Jason)
September 15, 2020 Opinion or Order Filing 1497 LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Christopher M. Burke & Michael D. Hausfeld dated 09/14/2020 re: #1490 LETTER MOTION for Discovery to quash addressed to Judge Lorna G. Schofield from Peter Dean dated September 8, 2020. . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
September 14, 2020 Opinion or Order Filing 1496 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #1497) JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke & Michael D. Hausfeld dated 09/14/2020 re: Pre-Motion Letter re: Litigation Notice. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher) Modified on 9/15/2020 (lb).
September 11, 2020 Opinion or Order Filing 1495 LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Herbert S. Washer dated September 11, 2020 re: #1490 LETTER MOTION for Discovery to quash addressed to Judge Lorna G. Schofield from Peter Dean dated September 8, 2020. . Document filed by Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
September 11, 2020 Opinion or Order Filing 1494 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Jason M. Hall dated 9/11/2020 re: Status report. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
September 10, 2020 Opinion or Order Filing 1493 MEMO ENDORSEMENT on re: #1491 LETTER MOTION for Leave to File Pre-motion Letter re: Litigation Notice addressed to Judge Lorna G. Schofield from Michael D. Hausfeld & Christopher M. Burke dated 9/9/2020. filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, Casey Sterk, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller, ENDORSEMENT: Defendant Credit Suisse shall file any letter response by September 17, 2020. So Ordered. (Signed by Judge Lorna G. Schofield on 9/10/2020) ( Responses due by 9/17/2020) (ks)
September 9, 2020 Opinion or Order Filing 1492 ORDER with respect to #1490 Letter Motion for Discovery. Plaintiffs shall file a letter response not to exceed three (3) pages, by September 14, 2020. (Signed by Judge Lorna G. Schofield on 9/9/2020) (rro)
September 9, 2020 Opinion or Order Filing 1491 LETTER MOTION for Leave to File Pre-motion Letter re: Litigation Notice addressed to Judge Lorna G. Schofield from Michael D. Hausfeld & Christopher M. Burke dated 9/9/2020. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Hausfeld, Michael)
September 9, 2020 Opinion or Order Set/Reset Deadlines: Responses due by 9/14/2020 (rro)
September 8, 2020 Opinion or Order Filing 1490 LETTER MOTION for Discovery to quash addressed to Judge Lorna G. Schofield from Peter Dean dated September 8, 2020. Document filed by New York State Department of Financial Services..(Dean, Peter)
August 28, 2020 Opinion or Order Filing 1489 NOTICE OF CHANGE OF ADDRESS by James Robert Warnot, Jr on behalf of Societe Generale S.A.. New Address: Linklaters LLP, 1290 Avenue of the Americas, New York, New York, USA 10104, 1-212-903-9000..(Warnot, James)
August 25, 2020 Opinion or Order Filing 1488 MEMO ENDORSEMENT on re: (1487 in 1:13-cv-07789-LGS) Letter filed by U.S. Department of Justice. ENDORSEMENT: It is ORDERED that, pursuant to the parameters of this letter, the testamentary discovery stay in Case Nos. 13-cv-7789, 15-cv-9300, 17-cv-3139 and 18-cv-10364 remains in place for the following witnesses: Jason Katz, Christopher Cummins and Nicholas Williams. The Clerk of Court is respectfully requested to docket this order in all captioned cases. (Signed by Judge Lorna G. Schofield on 8/25/2020) (cf)
August 24, 2020 Opinion or Order Filing 1487 LETTER addressed to Judge Lorna G. Schofield from Eric Hoffmann dated August 24, 2020 re: Foreign Exchange Discovery stay. Document filed by U.S. Department of Justice..(Hoffmann, Eric)
August 21, 2020 Opinion or Order Filing 1486 NOTICE OF CHANGE OF ADDRESS by David George Januszewski on behalf of Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. New Address: Cahill Gordon & Reindel LLP, 32 Old Slip, New York, New York, United States 10005, 2127013000..(Januszewski, David)
August 19, 2020 Opinion or Order Filing 1485 ORDER AUTHORIZING PAYMENTS FOR SETTLEMENT ADMINISTRATION EXPENSES FROM SETTLEMENT FUNDS: NOW, THEREFORE, IT IS HEREBY ORDERED: 1. All terms in initial capitalization used in this Order shall have the same meanings as set forth in the Settlement Agreements and the Preliminary Approval Orders, unless otherwise defined herein. 2. The Court authorizes Class Counsel to pay up to an additional $3,000,000 (for a total of $21,500,000) from the settlement funds for reasonable Settlement Administration Expenses. 3. Any such expenses in excess of $21,500,000 may be paid from the settlement funds only with the approval of the Court. IT IS SO ORDERED. (Signed by Judge Lorna G. Schofield on 8/19/2020) (ks) Transmission to Finance Unit (Cashiers) for processing.
August 18, 2020 Opinion or Order Filing 1484 PROPOSED ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. Related Document Number: #1483 ..(Burke, Christopher) Proposed Order to be reviewed by Clerk's Office staff.
August 18, 2020 Opinion or Order Filing 1483 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 8/18/2020 re: Authorization for additional disbursements. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
August 18, 2020 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #1484 Proposed Order was reviewed and approved as to form. (km)
July 24, 2020 Opinion or Order Filing 1482 ORDER granting in part and denying in part #1478 Letter Motion for Conference. Application granted in part and denied in part. Pursuant to FRE 201, for the purpose of any motions, the Court will take judicial notice of guilty pleas, consent orders and regulatory settlements, for the fact of their existence but not necessarily for the truth of the facts asserted therein unless a hearsay exception applies, including for example FRE 801(d)(2) (opposing party's prior statement), 803(8) (public records), 803(22) (previous conviction). The application to admit documents into evidence is denied without prejudice as premature because relevance, probative value and FRE 403 considerations are all context specific. The Court expects that the parties will stipulate to authenticity and hearsay exceptions that are not reasonably in dispute.. (Signed by Judge Lorna G. Schofield on 7/24/2020) (ks)
July 22, 2020 Opinion or Order Filing 1481 LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Herbert Washer dated July 22, 2020 re: #1478 LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 7/15/2020. . Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC..(Washer, Herbert)
July 16, 2020 Opinion or Order Filing 1480 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Jason M. Hall dated 7/16/2020 re: Update on operative pretrial schedule. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
July 16, 2020 Opinion or Order Filing 1479 ORDER with respect to #1478 Letter Motion for Conference: Defendant shall file a letter response by July 22, 2020. (Signed by Judge Lorna G. Schofield on 7/16/2020) (jwh)
July 16, 2020 Opinion or Order Set/Reset Deadlines as to #1478 LETTER MOTION for Conference: Responses due by 7/22/2020. (jwh)
July 15, 2020 Opinion or Order Filing 1478 LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 7/15/2020. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
July 13, 2020 Opinion or Order Filing 1477 MEMO ENDORSEMENT on re: (1475 in 1:13-cv-07789-LGS) Letter filed by U.S. Department of Justice. ENDORSEMENT: It is ORDERED that, pursuant to the parameters of this letter, the testamentary discovery stay in Case Nos. 13-cv-7789, 15-cv-9300, 17-cv-3139 and 18-cv-10364 remains in place for the following witnesses: Jason Katz, Christopher Cummins and Nicholas Williams. The Clerk of Court is respectfully requested to docket this order in all captioned cases. (Signed by Judge Lorna G. Schofield on 7/13/2020) (cf)
July 10, 2020 Opinion or Order Filing 1476 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Jason M. Hall dated 7/10/2020 re: Status letter. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
July 10, 2020 Opinion or Order Filing 1475 LETTER addressed to Judge Lorna G. Schofield from Eric Hoffmann dated 07/10/2020 re: 13-cv-7789 re FX Discovery Stay. Document filed by U.S. Department of Justice..(Hoffmann, Eric)
June 15, 2020 Opinion or Order Filing 1474 NOTICE OF APPEARANCE by Anthony Epifanio Maneiro on behalf of Neil Taylor..(Maneiro, Anthony)
June 11, 2020 Opinion or Order Transmission to Orders and Judgments Clerk. Transmitted re: #1473 Order on Motion for Discovery to the Orders and Judgments Clerk. (cf)
June 11, 2020 Opinion or Order Transmission to Orders and Judgments Clerk. Transmitted re: #1471 Order on Motion for Discovery to the Orders and Judgments Clerk. (cf)
June 11, 2020 Opinion or Order Filing 1473 ORDER GRANTING RENEWED MOTION FOR ISSUANCE OF LETTERS ROGATORY #1461 Motion for Discovery. 1. The Motion is GRANTED. 2. The Letters Rogatory attached as Exhibit A to the Declaration of Christopher M.Burke, dated June 4, 2020 is hereby issued as the Court's "Letters Rogatory" and is fully incorporated herein. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 6/11/2020) (cf)
June 11, 2020 Opinion or Order Filing 1472 ORDER GRANTING RENEWED MOTION FOR ISSUANCE OF A HAGUE CONVENTION REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE TO TAKE TESTIMONY OVERSEAS granting #1461 Letter Motion for Discovery. HEREBY ORDERS THAT: The Motion is GRANTED. And as set forth herein. IT IS SO ORDERED. (Signed by Judge Lorna G. Schofield on 6/11/2020) (ama)
June 11, 2020 Opinion or Order Filing 1471 ORDER GRANTING RENEWED MOTION FOR ISSUANCE OF LETTERS ROGATORY #1457 Motion for Discovery. 1. The Motion is GRANTED. 2.The Letters Rogatory attached as Exhibit A to the Declaration of Christoph M.Burke, dated June 4, 2020 are hereby issued as the Court's "Letters Rogatory" and are fully incorporated herein. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 6/11/2020) (cf)
June 11, 2020 Opinion or Order LETTERS ROGATORY ISSUED as to Frank Cahill in Ireland (ECF #1473); Sent on 6/11/2020 by Federal Express, Tracking No. 7706 7575 8163.(ml)
June 11, 2020 Opinion or Order LETTERS ROGATORY ISSUED as to Niall O'Riordan in Ireland (ECF #1471); Sent on 6/11/2020 by Federal Express, Tracking No. 7706 7575 8163.(ml)
June 11, 2020 Opinion or Order LETTERS ROGATORY ISSUED as to Richard Gibbons in England (ECF #1472); Sent on 6/11/2020 by Federal Express, Tracking No. 7706 7575 8163.(ml)
June 10, 2020 Opinion or Order Filing 1470 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke dated 6/10/2020 re: Information in response to June 9 Order. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
June 9, 2020 Opinion or Order Filing 1469 ORDER: It is hereby ORDERED that, by June 12, 2020, Plaintiffs shall file a letter with sufficient information for the Court to FedEx the documents to the appropriate counsel of record. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 6/9/2020) (cf)
June 4, 2020 Opinion or Order Filing 1468 PROPOSED ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. Related Document Number: #1465 ..(Burke, Christopher) Proposed Order to be reviewed by Clerk's Office staff.
June 4, 2020 Opinion or Order Filing 1467 DECLARATION of Christopher M. Burke in Support re: #1465 MOTION for Discovery issuance of letter request - Gibbons.. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A - Letter request, #2 Exhibit 1 -Stip and Order re Confidentiality, #3 Exhibit 2 - Third Amended Complaint, #4 Exhibit 3 - 1/28/15 Order, #5 Exhibit 4 - 9/20/16 Order, #6 Exhibit 5 -9/3/19 Order, #7 Exhibit 6 - 2/25/20 memo endorsement, #8 Exhibit B - 5/25/11 chat, #9 Exhibit C - 6/20/11 chat, #10 Exhibit D - 1/20/11 chat, #11 Exhibit E - 9/1/11 chat, #12 Exhibit F - 10/5/10 chat, #13 Exhibit G - 2/2/11 chat, #14 Exhibit H - 9/6/11 chat).(Burke, Christopher)
June 4, 2020 Opinion or Order Filing 1466 MEMORANDUM OF LAW in Support re: #1465 MOTION for Discovery issuance of letter request - Gibbons. . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
June 4, 2020 Opinion or Order Filing 1465 MOTION for Discovery issuance of letter request - Gibbons. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
June 4, 2020 Opinion or Order Filing 1464 PROPOSED ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. Related Document Number: #1461 ..(Burke, Christopher) Proposed Order to be reviewed by Clerk's Office staff.
June 4, 2020 Opinion or Order Filing 1463 DECLARATION of Christopher M. Burke in Support re: #1461 MOTION for Discovery for issuance of letters rogatory - O'Riordan.. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A - Letters rogatory, #2 Exhibit 1 -Stip and Order re Confidentiality, #3 Exhibit 2 - Third Amended Complaint, #4 Exhibit 3 - 1/28/15 Order, #5 Exhibit 4 - 9/20/16 Order, #6 Exhibit 5 -9/3/19 Order, #7 Exhibit 6 - 2/25/20 memo endorsement, #8 Exhibit B - 6/15/07 chat, #9 Exhibit C -5/28/09 chat, #10 Exhibit D -9/5/08 chat, #11 Exhibit E - 6/5/13 chat, #12 Exhibit F - 5/25/11 chat, #13 Exhibit G - 11/3/10 chat, #14 Exhibit H - 10/4/11 chat, #15 Exhibit I - 7/5/11 chat, #16 Exhibit J - 5/20/11 chat, #17 Exhibit K - 11/12/08 chat, #18 Exhibit L - 9/3/08 chat, #19 Exhibit M - 1/8/10 chat, #20 Exhibit N - 6/1/11 chat, #21 Exhibit O - 1/31/12 chat, #22 Exhibit P - 11/3/10 chat, #23 Exhibit Q - 5/19/11 chat, #24 Exhibit R - 4/16/12 chat, #25 Exhibit S - 9/20/10 chat, #26 Exhibit T - 12/8/08 chat, #27 Exhibit U - 12/10/08 chat, #28 Exhibit V - 12/31/08 chat, #29 Exhibit W - 3/31/08 chat).(Burke, Christopher)
June 4, 2020 Opinion or Order Filing 1462 MEMORANDUM OF LAW in Support re: #1461 MOTION for Discovery for issuance of letters rogatory - O'Riordan. . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
June 4, 2020 Opinion or Order Filing 1461 MOTION for Discovery for issuance of letters rogatory - O'Riordan. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
June 4, 2020 Opinion or Order Filing 1460 PROPOSED ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. Related Document Number: #1457 ..(Burke, Christopher) Proposed Order to be reviewed by Clerk's Office staff.
June 4, 2020 Opinion or Order Filing 1459 DECLARATION of Christopher M. Burke in Support re: #1457 MOTION for Discovery for issuance of letters rogatory - Cahill.. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A - Letters rogatory, #2 Exhibit 1 -Stip and Order re Confidentiality, #3 Exhibit 2 - Third Amended Complaint, #4 Exhibit 3 - 1/28/15 Order, #5 Exhibit 4 - 9/20/16 Order, #6 Exhibit 5 -9/3/19 Order, #7 Exhibit 6 - 2/25/20 memo endorsement, #8 Exhibit B - Johnson trial transcript excerpts, #9 Exhibit C - 10/24/08 chat, #10 Exhibit D -2/25/09 chat, #11 Exhibit E 8/18/09 chat, #12 Exhibit F - 9/29/09 chat, #13 Exhibit G - 1/6/10 chat, #14 Exhibit H - 1/6/10 chat, #15 Exhibit I - 3/8/11 chat, #16 Exhibit J - 7/7/11 chat, #17 Exhibit K - 7/8/11 chat, #18 Exhibit L - 9/14/11 chat, #19 Exhibit M - 10/3/11 chat, #20 Exhibit N - 10/21/11 chat, #21 Exhibit O - 11/18/11 chat, #22 Exhibit P - 2/27/12 chat, #23 Exhibit Q - 4/5/12 chat, #24 Exhibit R - 4/19/12 chat, #25 Exhibit S - 6/19/12 chat, #26 Exhibit T - 10/2/12 chat, #27 Exhibit U - 2/13/13 chat, #28 Exhibit V - 2/27/13 chat).(Burke, Christopher)
June 4, 2020 Opinion or Order Filing 1458 MEMORANDUM OF LAW in Support re: #1457 MOTION for Discovery for issuance of letters rogatory - Cahill. . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
June 4, 2020 Opinion or Order Filing 1457 MOTION for Discovery for issuance of letters rogatory - Cahill. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
June 4, 2020 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #1464 Proposed Order, was reviewed and approved as to form. (ad)
June 4, 2020 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #1460 Proposed Order was reviewed and approved as to form. (ad)
June 4, 2020 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #1468 Proposed Order, was reviewed and approved as to form. (ad)
May 27, 2020 Opinion or Order Filing 1456 MEMO ENDORSEMENT on re: (540 in 1:15-cv-09300-LGS) Letter, filed by Citibank, N.A., Royal Bank of Scotland, plc, JPMorgan Chase Bank, N.A., JP Morgan Chase & Co., Barclays PLC, UBS AG, Citicorp, HSBC North American Holdings Inc., HSBC Bank (USA), N.A., Barclays Capital, Inc., Citigroup, Inc. ENDORSEMENT: It is ORDERED that, pursuant to the parameters of this letter, the testamentary discovery stay in Case Nos. 13-cv-7789, 15-cv-9300, 17-cv-3139 and 18-cv-10364 remains in place for the following witnesses: Jason Katz, Christopher Cummins and Nicholas Williams. The Clerk of Court is respectfully requested to docket this order in all captioned cases. (Signed by Judge Lorna G. Schofield on 5/27/2020) (cf)
May 26, 2020 Opinion or Order Filing 1455 LETTER addressed to Judge Lorna G. Schofield from Katherine Calle dated May 26, 2020 re: Discovery Stay Extension. Document filed by U.S. Department of Justice..(Calle, Katherine)
May 15, 2020 Opinion or Order Filing 1454 SEVENTH AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: The Clerk of Court is directed to enter the dates identified in the appended letter into the Court calendar. Pre-motion conference for dispositive motions (with pre-motion letters due 14 days in advance): 11/12/2020 AT 10:40 A.M. (As further set forth in this Order.) Pre-Motion Conference set for 11/12/2020 at 10:40 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 5/15/2020) (cf)
May 14, 2020 Opinion or Order Filing 1453 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Jason M. Hall dated 5/14/2020 re: Update re pretrial schedule. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
May 8, 2020 Opinion or Order Filing 1452 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Jason M. Hall dated 5/8/2020 re: Status report. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
April 10, 2020 Opinion or Order Filing 1451 MEMO ENDORSEMENT on re: (1450 in 1:13-cv-07789-LGS) Letter filed by U.S. Department of Justice. ENDORSEMENT: It is ORDERED that, pursuant to the parameters of this letter, the testamentary discovery stay in Case Nos. 13-cv-7789, 15-cv-9300, 17-cv-3139 and 18-cv-10364 remains in place for the following witnesses: Jason Katz, Christopher Cummins and Nicholas Williams. The Clerk of Court is respectfully requested to docket this order in all captioned cases. (Signed by Judge Lorna G. Schofield on 4/10/2020) (jca)
April 9, 2020 Opinion or Order Filing 1450 LETTER addressed to Judge Lorna G. Schofield from Katherine Calle dated April 9, 2020 re: Discovery Stay Extension. Document filed by U.S. Department of Justice..(Calle, Katherine)
April 7, 2020 Opinion or Order Filing 1449 ORDER granting #1443 MOTION for Andrew W. Stern, Nicholas P. Crowell, Alan M. Unger, and Luke O. Frankson to Withdraw as Attorney. ACCORDINGLY, it is hereby ORDERED, that the Motion is GRANTED, and FURTHER ORDERED, that Andrew W. Stern, Nicholas P. Crowell, Alan M. Unger and Luke O. Frankson be withdrawn as Defendants counsel in this matter. SO ORDERED. Attorney Andrew W. Stern; Alan M. Unger; Nicholas Primer Crowell and Luke Omari Icah Frankson terminated. (Signed by Judge Lorna G. Schofield on 4/7/2020) (jca)
April 3, 2020 Opinion or Order Filing 1448 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Standard Chartered Bank, Standard Chartered PLC. Related Document Number: #1443 ..(Stern, Andrew)
April 3, 2020 Opinion or Order Filing 1447 DECLARATION of Luke O. Frankson in Support re: #1443 MOTION for Andrew W. Stern, Nicholas P. Crowell, Alan M. Unger, and Luke O. Frankson to Withdraw as Attorney .. Document filed by Standard Chartered Bank, Standard Chartered PLC..(Frankson, Luke)
April 3, 2020 Opinion or Order Filing 1446 DECLARATION of Alan M. Unger in Support re: #1443 MOTION for Andrew W. Stern, Nicholas P. Crowell, Alan M. Unger, and Luke O. Frankson to Withdraw as Attorney .. Document filed by Standard Chartered Bank, Standard Chartered PLC..(Unger, Alan)
April 3, 2020 Opinion or Order Filing 1445 DECLARATION of Nicholas P. Crowell in Support re: #1443 MOTION for Andrew W. Stern, Nicholas P. Crowell, Alan M. Unger, and Luke O. Frankson to Withdraw as Attorney .. Document filed by Standard Chartered Bank, Standard Chartered PLC..(Crowell, Nicholas)
April 3, 2020 Opinion or Order Filing 1444 DECLARATION of Andrew W. Stern in Support re: #1443 MOTION for Andrew W. Stern, Nicholas P. Crowell, Alan M. Unger, and Luke O. Frankson to Withdraw as Attorney .. Document filed by Standard Chartered Bank, Standard Chartered PLC..(Stern, Andrew)
April 3, 2020 Opinion or Order Filing 1443 MOTION for Andrew W. Stern, Nicholas P. Crowell, Alan M. Unger, and Luke O. Frankson to Withdraw as Attorney . Document filed by Standard Chartered Bank, Standard Chartered PLC..(Stern, Andrew)
March 30, 2020 Opinion or Order Filing 1442 ORDER denying without prejudice #1426 Motion for Discovery; denying without prejudice #1430 Motion for Discovery; denying without prejudice #1434 Motion for Discovery. It is hereby ORDERED that Plaintiffs' motions are DENIED without prejudice to renew on May 1, 2020. Any renewed motions may be filed in redacted form pursuant to this Court's Order at Dkt. No. 1425. (Signed by Judge Lorna G. Schofield on 3/30/2020) (rro)
March 27, 2020 Opinion or Order Filing 1441 NOTICE OF APPEARANCE by Charles Barrera Moore on behalf of Standard Chartered Bank..(Moore, Charles)
March 27, 2020 Opinion or Order Filing 1440 NOTICE OF APPEARANCE by Benjamin Andrew Fleming on behalf of Standard Chartered Bank..(Fleming, Benjamin)
March 27, 2020 Opinion or Order Filing 1439 NOTICE OF APPEARANCE by Lisa Jean Fried on behalf of Standard Chartered Bank..(Fried, Lisa)
March 27, 2020 Opinion or Order Filing 1438 NOTICE OF APPEARANCE by Marc Joel Gottridge on behalf of Standard Chartered Bank..(Gottridge, Marc)
March 23, 2020 Opinion or Order Filing 1437 PROPOSED ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. Related Document Number: #1434 ..(Burke, Christopher) Proposed Order to be reviewed by Clerk's Office staff.
March 23, 2020 Opinion or Order Filing 1436 DECLARATION of Christopher M. Burke in Support re: #1434 MOTION for Discovery issuance of letter request - Gibbons.. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A - Letter request, #2 Exhibit 1 -Stip and Order re Confidentiality, #3 Exhibit 2 - Third Amended Complaint, #4 Exhibit 3 - 1/28/15 Order, #5 Exhibit 4 - 9/20/16 Order, #6 Exhibit 5 -9/3/19 Order, #7 Exhibit 6 - 2/25/20 memo endorsement, #8 Exhibit B - 5/25/11 chat, #9 Exhibit C - 6/20/11 chat, #10 Exhibit D - 1/20/11 chat, #11 Exhibit E - 9/1/11 chat, #12 Exhibit F - 10/5/10 chat, #13 Exhibit G - 2/2/11 chat, #14 Exhibit H - 9/6/11 chat).(Burke, Christopher)
March 23, 2020 Opinion or Order Filing 1435 MEMORANDUM OF LAW in Support re: #1434 MOTION for Discovery issuance of letter request - Gibbons. . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
March 23, 2020 Opinion or Order Filing 1434 MOTION for Discovery issuance of letter request - Gibbons. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
March 23, 2020 Opinion or Order Filing 1433 PROPOSED ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. Related Document Number: #1430 ..(Burke, Christopher) Proposed Order to be reviewed by Clerk's Office staff.
March 23, 2020 Opinion or Order Filing 1432 DECLARATION of Christopher M. Burke in Support re: #1430 MOTION for Discovery for issuance of letters rogatory - O'Riordan.. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A - Letters rogatory, #2 Exhibit 1 -Stip and Order re Confidentiality, #3 Exhibit 2 - Third Amended Complaint, #4 Exhibit 3 - 1/28/15 Order, #5 Exhibit 4 - 9/20/16 Order, #6 Exhibit 5 - Class cert. order, #7 Exhibit 6 - 2/25/20 memo endorsement, #8 Exhibit B - 6/15/07 chat, #9 Exhibit C -5/28/09 chat, #10 Exhibit D -9/5/08 chat, #11 Exhibit E - 6/5/13 chat, #12 Exhibit F - 5/25/11 chat, #13 Exhibit G - 11/3/10 chat, #14 Exhibit H - 10/4/11 chat, #15 Exhibit I - 7/5/11 chat, #16 Exhibit J - 5/20/11 chat, #17 Exhibit K - 11/12/08 chat, #18 Exhibit L - 9/3/08 chat, #19 Exhibit M - 1/8/10 chat, #20 Exhibit N - 6/1/11 chat, #21 Exhibit O - 1/31/12 chat, #22 Exhibit P - 11/3/10 chat, #23 Exhibit Q - 5/19/11 chat, #24 Exhibit R - 4/16/12 chat, #25 Exhibit S - 9/20/10 chat, #26 Exhibit T - 12/8/08 chat, #27 Exhibit U - 12/10/08 chat, #28 Exhibit V - 12/31/08 chat, #29 Exhibit W - 3/31/08 chat).(Burke, Christopher)
March 23, 2020 Opinion or Order Filing 1431 MEMORANDUM OF LAW in Support re: #1430 MOTION for Discovery for issuance of letters rogatory - O'Riordan. . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
March 23, 2020 Opinion or Order Filing 1430 MOTION for Discovery for issuance of letters rogatory - O'Riordan. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
March 23, 2020 Opinion or Order Filing 1429 PROPOSED ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. Related Document Number: #1426 ..(Burke, Christopher) Proposed Order to be reviewed by Clerk's Office staff.
March 23, 2020 Opinion or Order Filing 1428 DECLARATION of Christopher M. Burke in Support re: #1426 MOTION for Discovery for issuance of letters rogatory - Cahill.. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, HSBC Bank USA, N.A., Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A - Letters rogatory, #2 Exhibit 1 -Stip and Order re Confidentiality, #3 Exhibit 2 - Third Amended Complaint, #4 Exhibit 3 - 1/28/15 Order, #5 Exhibit 4 - 9/20/16 Order, #6 Exhibit 5 - Class cert. order, #7 Exhibit 6 - 2/25/20 memo endorsement, #8 Exhibit B - Johnson trial transcript excerpts, #9 Exhibit C - 10/24/08 chat, #10 Exhibit D -2/25/09 chat, #11 Exhibit E 8/18/09 chat, #12 Exhibit F - 9/29/09 chat, #13 Exhibit G - 1/6/10 chat, #14 Exhibit H - 1/6/10 chat, #15 Exhibit I - 3/8/11 chat, #16 Exhibit J - 7/7/11 chat, #17 Exhibit K - 7/8/11 chat, #18 Exhibit L - 9/14/11 chat, #19 Exhibit M - 10/3/11 chat, #20 Exhibit N - 10/21/11 chat, #21 Exhibit O - 11/18/11 chat, #22 Exhibit P - 2/27/12 chat, #23 Exhibit Q - 4/5/12 chat, #24 Exhibit R - 4/19/12, #25 Exhibit S - 6/19/12 chat, #26 Exhibit T - 10/2/12 chat, #27 Exhibit U - 2/13/13 chat, #28 Exhibit V - 2/27/13 chat).(Burke, Christopher)
March 23, 2020 Opinion or Order Filing 1427 MEMORANDUM OF LAW in Support re: #1426 MOTION for Discovery for issuance of letters rogatory - Cahill. . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
March 23, 2020 Opinion or Order Filing 1426 MOTION for Discovery for issuance of letters rogatory - Cahill. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
March 23, 2020 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #1437 Proposed Order, was reviewed and approved as to form. (dt)
March 23, 2020 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #1433 Proposed Order, was reviewed and approved as to form. (dt)
March 23, 2020 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #1429 Proposed Order, was reviewed and approved as to form. (dt)
March 19, 2020 Opinion or Order Filing 1425 ORDER: granting #1410 Letter Motion for Discovery; granting #1413 Letter Motion for Discovery; granting #1416 Letter Motion for Discovery. ORDERED that Plaintiffs' redaction and seal requests are GRANTED. The unredacted versions of these documents will remain sealed, and only the parties and individuals identified in Appendix A will have access. Although "[t]he common law right of public access to judicial documents is firmly rooted in our nation's history," this right is not absolute, and courts "must balance competing considerations against" the presumption of access. Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 11920 (2d Cir. 2006) (internal quotation marks omitted); see also Nixon v. Warner Commc'ns., Inc., 435 U.S. 589, 599 (1978) ("[T]he decision as to access is one best left to the sound discretion of the trial court, a discretion to be exercised in light of the relevant facts and circumstances of the particular case."). Filing the above-referenced documents in redacted form or under seal is necessary to prevent the unauthorized dissemination of confidential business and sensitive personal information. It is further ORDERED that Plaintiffs shall send to the Chambers Inbox a copy of the above-referenced Hague Convention Requests in Microsoft Word format by March 25, 2020. (Signed by Judge Lorna G. Schofield on 3/19/2020) (ama)
March 17, 2020 Opinion or Order Filing 1424 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 3/17/2020 re: Response to March 13 Order. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
March 17, 2020 Opinion or Order Filing 1423 SIXTH AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Amended Civil Case Management Plan is submitted by Plaintiffs and Defendants Credit Suisse Group AG, Credit Suisse AG, and Credit Suisse Securities (USA) LLC, (collectively, "the Parties") in accordance with Federal Rule of Civil Procedure 26(f)(3) and the Court's December 23, 2016 Civil Case Management Plan and Scheduling Order (ECF No. 704). The Clerk of Court is directed to enter the dates identified in the appended letter into the Court calendar. SO ORDERED. Deposition due by 6/4/2020. Fact Discovery due by 9/1/2020. Pre-Motion Conference set for 9/17/2020 at 10:40 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 3/17/2020) (jca)
March 17, 2020 Opinion or Order Filing 1422 MEMO ENDORSEMENT on re: #1421 Letter filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, Casey Sterk, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller. ENDORSEMENT: Application GRANTED. An amended case management plan will issue separately. (Deposition due by 6/4/2020., Fact Discovery due by 9/1/2020.) (Signed by Judge Lorna G. Schofield on 3/17/2020) (jca)
March 16, 2020 Opinion or Order Filing 1421 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Jason M. Hall dated 3/16/2020 re: Pretrial schedule. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
March 13, 2020 Opinion or Order Filing 1420 ORDER: It is hereby ORDERED that, by March 17, 2020, Plaintiffs shall file a letter in support of their letter motions, attached to which Plaintiffs shall provide a list of (1) all parties to this action; and (2) the names of the parties' attorneys of record. (Signed by Judge Lorna G. Schofield on 3/13/2020) (rro)
March 13, 2020 Opinion or Order Filing 1419 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Jason M. Hall dated 3/13/2020 re: Status report. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
March 11, 2020 Opinion or Order Filing 1418 ***SELECTED PARTIES***DECLARATION of Christopher M. Burke in Support re: #1416 LETTER MOTION for Discovery for leave to file redacted motion papers addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 3/11/2020.. Document filed by Michael J. Smith, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Michael Melissinos, Oklahoma Firefighters Pension and Retirement System, Izee Trading Company, J. Paul Antonello, Value Recovery Fund LLC, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, State-Boston Retirement System, Casey Sterk, Employees' Retirement System of Puerto Rico Electric Power Authority, Peter Rives, Tiberius OC Fund, Ltd., Robert Miller, Haverhill Retirement System, John Kerstein, Thomas Gramatis, Mark Miller, Marc G. Frederighi, Aureus Currency Fund, L.P., Richard Preschern dba Preschern Trading, Doug Harvey, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Systrax Corporation, BNP Paribas North America, BNP Paribas Securities, Inc., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Goldman Sachs & Co. LLC, Morgan Stanley & Co., LLC. (Attachments: #1 Exhibit A - Letter request, #2 Exhibit B - 5/25/11 chat, #3 Exhibit C - 6/20/11 chat, #4 Exhibit D - 1/20/11 chat, #5 Exhibit E - 9/1/11 chat, #6 Exhibit F - 10/5/10 chat, #7 Exhibit G - 2/2/11 chat, #8 Exhibit H - 9/6/11 chat)Motion or Order to File Under Seal: #1416 .(Burke, Christopher)
March 11, 2020 Opinion or Order Filing 1417 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #1416 LETTER MOTION for Discovery for leave to file redacted motion papers addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 3/11/2020. . Document filed by Michael J. Smith, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Michael Melissinos, Oklahoma Firefighters Pension and Retirement System, Izee Trading Company, J. Paul Antonello, Value Recovery Fund LLC, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, State-Boston Retirement System, Casey Sterk, Employees' Retirement System of Puerto Rico Electric Power Authority, Peter Rives, Tiberius OC Fund, Ltd., Robert Miller, Haverhill Retirement System, John Kerstein, Thomas Gramatis, Mark Miller, Marc G. Frederighi, Aureus Currency Fund, L.P., Richard Preschern dba Preschern Trading, Doug Harvey, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Systrax Corporation, BNP Paribas North America, BNP Paribas Securities, Inc., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Goldman Sachs & Co. LLC, Morgan Stanley & Co., LLC. Motion or Order to File Under Seal: #1416 .(Burke, Christopher)
March 11, 2020 Opinion or Order Filing 1416 LETTER MOTION for Discovery for leave to file redacted motion papers addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 3/11/2020. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
March 6, 2020 Opinion or Order Filing 1415 ***SELECTED PARTIES***DECLARATION of Christopher M. Burke in Support re: #1413 LETTER MOTION for Discovery for leave to file redacted motion papers addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 3/6/2020.. Document filed by Michael J. Smith, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Michael Melissinos, Oklahoma Firefighters Pension and Retirement System, Izee Trading Company, J. Paul Antonello, Value Recovery Fund LLC, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, State-Boston Retirement System, Casey Sterk, Employees' Retirement System of Puerto Rico Electric Power Authority, Peter Rives, Tiberius OC Fund, Ltd., Robert Miller, Haverhill Retirement System, John Kerstein, Thomas Gramatis, Mark Miller, Marc G. Frederighi, Aureus Currency Fund, L.P., Richard Preschern dba Preschern Trading, Doug Harvey, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Systrax Corporation, BNP Paribas North America, BNP Paribas Securities, Inc., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Goldman Sachs & Co. LLC, Morgan Stanley & Co., LLC. (Attachments: #1 Exhibit B - 6/15/07 chat, #2 Exhibit C - 5/28/09 chat, #3 Exhibit D - 9/5/08 chat, #4 Exhibit E - 6/5/13 chat, #5 Exhibit F - 5/25/11 chat, #6 Exhibit G - 11/3/10 chat, #7 Exhibit H - 10/4/11 chat, #8 Exhibit I - 7/5/11 chat, #9 Exhibit J - 5/20/11 chat, #10 Exhibit K - 11/12/08 chat, #11 Exhibit L - 9/3/08 chat, #12 Exhibit M - 1/8/10 chat, #13 Exhibit N - 6/1/11 chat, #14 Exhibit O - 1/31/12 chat, #15 Exhibit P - 11/3/10 chat, #16 Exhibit Q - 5/19/11 chat, #17 Exhibit R - 4/16/12 chat, #18 Exhibit S - 9/20/10 chat, #19 Exhibit T - 12/8/08 chat, #20 Exhibit U - 12/10/08 chat, #21 Exhibit V - 12/31/08 chat, #22 Exhibit W - 3/31/08 chat)Motion or Order to File Under Seal: #1413 .(Burke, Christopher)
March 6, 2020 Opinion or Order Filing 1414 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #1413 LETTER MOTION for Discovery for leave to file redacted motion papers addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 3/6/2020. . Document filed by Michael J. Smith, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Michael Melissinos, Oklahoma Firefighters Pension and Retirement System, Izee Trading Company, J. Paul Antonello, Value Recovery Fund LLC, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, State-Boston Retirement System, Casey Sterk, Employees' Retirement System of Puerto Rico Electric Power Authority, Peter Rives, Tiberius OC Fund, Ltd., Robert Miller, Haverhill Retirement System, John Kerstein, Thomas Gramatis, Mark Miller, Marc G. Frederighi, Aureus Currency Fund, L.P., Richard Preschern dba Preschern Trading, Doug Harvey, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Systrax Corporation, BNP Paribas North America, BNP Paribas Securities, Inc., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Goldman Sachs & Co. LLC, Morgan Stanley & Co., LLC. Motion or Order to File Under Seal: #1413 .(Burke, Christopher)
March 6, 2020 Opinion or Order Filing 1413 LETTER MOTION for Discovery for leave to file redacted motion papers addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 3/6/2020. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
March 6, 2020 Opinion or Order Filing 1412 ***SELECTED PARTIES***DECLARATION of Christopher M. Burke in Support re: #1410 LETTER MOTION for Discovery for leave to file redacted motion papers addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 3/6/2020.. Document filed by BNP Paribas North America, BNP Paribas Securities, Inc., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Goldman Sachs & Co. LLC, Morgan Stanley & Co., LLC, J. Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit C - 10/24/08 chat, #2 Exhibit D - 2/25/09 chat, #3 Exhibit E - 8/18/09 chat, #4 Exhibit F - 9/29/09 chat, #5 Exhibit G - 1/6/10 chat, #6 Exhibit H - 1/6/10 chat, #7 Exhibit I - 3/8/11 chat, #8 Exhibit J - 4/7/11 chat, #9 Exhibit K - 7/8/11 chat, #10 Exhibit L - 9/14/11 chat, #11 Exhibit M - 10/3/11 chat, #12 Exhibit N - 10/21/11 chat, #13 Exhibit O - 11/18/11, #14 Exhibit P - 2/27/12 chat, #15 Exhibit Q - 4/5/12 chat, #16 Exhibit R - 4/19/12 chat, #17 Exhibit S - 6/19/12 chat, #18 Exhibit T - 10/2/12 chat, #19 Exhibit U - 2/13/13 chat, #20 Exhibit V - 2/27/13 chat)Motion or Order to File Under Seal: #1410 .(Burke, Christopher)
March 6, 2020 Opinion or Order Filing 1411 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #1410 LETTER MOTION for Discovery for leave to file redacted motion papers addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 3/6/2020. . Document filed by Michael J. Smith, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Michael Melissinos, Oklahoma Firefighters Pension and Retirement System, Izee Trading Company, J. Paul Antonello, Value Recovery Fund LLC, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, State-Boston Retirement System, Casey Sterk, Employees' Retirement System of Puerto Rico Electric Power Authority, Peter Rives, Tiberius OC Fund, Ltd., Robert Miller, Haverhill Retirement System, John Kerstein, Thomas Gramatis, Mark Miller, Marc G. Frederighi, Aureus Currency Fund, L.P., Richard Preschern dba Preschern Trading, Doug Harvey, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Systrax Corporation, BNP Paribas North America, BNP Paribas Securities, Inc., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Goldman Sachs & Co. LLC, Morgan Stanley & Co., LLC. Motion or Order to File Under Seal: #1410 .(Burke, Christopher)
March 6, 2020 Opinion or Order Filing 1410 LETTER MOTION for Discovery for leave to file redacted motion papers addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 3/6/2020. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
March 5, 2020 Opinion or Order Filing 1409 THIRD AMENDED COMPLAINT amending #619 Amended Complaint,,,,,,,,,,,, against BNP Paribas Group, BNP Paribas North America, BNP Paribas Prime Brokerage, Inc., BNP Paribas Securities Corp., Bank Of America Corporation, Bank of America, N.A., Bank of Tokyo-Mitsubishi UFJ Ltd., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citicorp, Citigroup Global Markets, Inc., Citigroup, Inc., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Deutsche Bank Securities Inc., Goldman, Sachs & Co., HSBC Bank USA, N.A., HSBC Bank plc, HSBC Holdings plc, HSBC North America Holdings, Inc., HSBC Securities (USA) Inc., JPMorgan Chase & Co., JPMorgan Chase Bank National Association, Merrill Lynch, Pierce, Fenner & Smith Inc., Morgan Stanley, Morgan Stanley & Co. International plc, Morgan Stanley & Co. LLC, RBC Capital Markets, LLC, RBS Securities, Inc., Royal Bank of Scotland Group, PLC, Societe Generale S.A., Standard Chartered Bank, The Goldman Sachs Group, Inc., UBS AG, UBS Group AG, UBS Securities LLC with JURY DEMAND.Document filed by Michael J. Smith, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Michael Melissinos, Izee Trading Company, J. Paul Antonello, Value Recovery Fund LLC, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Jeffrey Sterk, State-Boston Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Peter Rives, Tiberius OC Fund, Ltd., Robert Miller, Haverhill Retirement System, John Kerstein, Thomas Gramatis, Mark Miller, Marc G. Frederighi, Aureus Currency Fund, L.P., Richard Preschern dba Preschern Trading, Doug Harvey, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Kimberly Sterk, Systrax Corporation. Related document: #619 Amended Complaint,,,,,,,,,,,,. (Attachments: #1 Appendix 1 - Glossary, #2 Appendix 2 - Currency abbreviations, #3 Appendix 2 - Euromoney market shares).(Burke, Christopher)
March 3, 2020 Opinion or Order Filing 1408 MEMO ENDORSEMENT on re: #1407 Letter, filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, Casey Sterk, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller. ENDORSEMENT: Application GRANTED. Plaintiffs shall file the unredacted Third Consolidated Amended Class Action Complaint by March 6, 2020. ( Amended Pleadings due by 3/6/2020.) (Signed by Judge Lorna G. Schofield on 3/3/2020) (mro)
March 2, 2020 Opinion or Order Transmission to Orders and Judgments Clerk. Transmitted re: #1406 Order to the Orders and Judgments Clerk. (cf)
March 2, 2020 Opinion or Order Filing 1407 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 3/2/2020 re: Update re redactions in the TAC. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
March 2, 2020 Opinion or Order Filing 1406 ORDER: ORDER GRANTING MOTION FOR ISSUANCE OF A HAGUE CONVENTION REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE TO TAKE TESTIMONY OVERSEAS: The Court, having reviewed Plaintiffs Motion for Issuance of a Hague Convention Request for International Judicial Assistance to Take Testimony Overseas as well as the papers in support and opposition, HEREBY ORDERS THAT: 1. The Motion is GRANTED. 2. The Request for International Judicial Assistance Pursuant to the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters attached as Exhibit A to the Declaration of Christopher M. Burke, dated February 20, 2020 is hereby issued as the Court's "Letter of Request" and is fully incorporated herein. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 3/2/2020) (cf)
March 2, 2020 Opinion or Order LETTERS ROGATORY ISSUED March 2, 2020, Doc.# 1402-1, as to the examination of Mr. De Groot in London, picked up by Scott & Scott, L.L.P. for Christopher Burke on March 2, 2020..(dt)
February 25, 2020 Opinion or Order Filing 1405 MEMO ENDORSEMENT on re: (1404 in 1:13-cv-07789-LGS) Letter filed by U.S. Department of Justice. ENDORSEMENT: It is ORDERED that, pursuant to the parameters of this letter, the testamentary discovery stay in Case Nos. 13-cv-7789, 15-cv-9300, 17-cv-3139 and 18-cv-10364 is lifted as to Frank Cahill and Serge Sarramegna, and remains in place for the following witnesses: Jason Katz, Christopher Cummins and Nicholas Williams. The Clerk of Court is respectfully requested to docket this order in all captioned cases. (Signed by Judge Lorna G. Schofield on 2/25/2020) (mro)
February 24, 2020 Opinion or Order Filing 1404 LETTER addressed to Judge Lorna G. Schofield from Katherine Calle dated February 24, 2020 re: Discovery Stay Extension. Document filed by U.S. Department of Justice..(Calle, Katherine)
February 21, 2020 Opinion or Order Filing 1403 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Steven M. Berezney dated 2/21/2020 re: 30(b)(6) depositions. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
February 20, 2020 Opinion or Order Filing 1402 DECLARATION of Christopher M. Burke in Support re: #1399 MOTION to Take Deposition from Robert DeGroot .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A - Letter request, #2 Exhibit 1 -Stip and Order re Confidentiality, #3 Exhibit 2 - Third Amended Complaint, #4 Exhibit 3 - 1/28/15 Order, #5 Exhibit 4 - 9/20/16 Order, #6 Exhibit 5 - Class cert. order, #7 Exhibit 6 - 12/4/19 Memo endorsement, #8 Exhibit B - 10.23.07 chat, #9 Exhibit C - 7.2.08 chat, #10 Exhibit D - 7.10.08 chat, #11 Exhibit E - 8.28.08 chat, #12 Exhibit F - 9.1.08 chat, #13 Exhibit G - 9.29.08 chat, #14 Exhibit H - 10.23.08 chat, #15 Exhibit I - 11.6.08 chat, #16 Exhibit J - 1.7.09 chat, #17 Exhibit K - 1.8.09 chat, #18 Exhibit L - 3.12.09 chat, #19 Exhibit M - 5.19.09 chat, #20 Exhibit N - 9.2.09 chat, #21 Exhibit O - 1.10.11 chat, #22 Exhibit P - 1.26.11 chat, #23 Exhibit Q - 8.21.12 chat, #24 Exhibit R - 10.7.13 chat).(Burke, Christopher)
February 20, 2020 Opinion or Order Filing 1401 PROPOSED ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. Related Document Number: #1399 ..(Burke, Christopher) Proposed Order to be reviewed by Clerk's Office staff.
February 20, 2020 Opinion or Order Filing 1400 MEMORANDUM OF LAW in Support re: #1399 MOTION to Take Deposition from Robert DeGroot . . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
February 20, 2020 Opinion or Order Filing 1399 MOTION to Take Deposition from Robert DeGroot . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
February 20, 2020 Opinion or Order Filing 1398 MEMO ENDORSEMENT on re: #1397 Letter, filed by Barclays Capital Inc., BNP Paribas North America, Inc., BNP Paribas Group, BNP Paribas Securities Corp., Citicorp, BNP Paribas Prime Brokerage, Inc., Citibank N.A., Barclays Bank PLC, Citigroup, Inc. ENDORSEMENT: Plaintiffs' motion to seal at Dkt. No. 1392 is accordingly DENIED. Plaintiffs shall file the Motion for Issuance of a Hague Convention Request for International Judicial Assistance to Take Testimony Overseas and supporting documents without redactions. (Signed by Judge Lorna G. Schofield on 2/20/2020) (cf)
February 20, 2020 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #1401 Proposed Order, was reviewed and approved as to form. (dt)
February 19, 2020 Opinion or Order Filing 1397 LETTER addressed to Judge Lorna G. Schofield from Andrew A. Ruffino, David C. Esseks and Matthew A. Schwartz dated February 19, 2020 re: Document Redactions. Document filed by BNP Paribas Group, BNP Paribas North America, Inc., BNP Paribas Prime Brokerage, Inc., BNP Paribas Securities Corp., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citicorp, Citigroup, Inc...(Ruffino, Andrew)
February 13, 2020 Opinion or Order Filing 1396 MEMO ENDORSEMENT on re: #1392 LETTER MOTION for Discovery to file Hague request documents under seal addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 2/12/2020. filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, Casey Sterk, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller. ENDORSEMENT: It is ORDERED that Defendants shall file a letter on ECF by February 19, 2020, explaining why they seek to have these documents filed in redacted form. (Signed by Judge Lorna G. Schofield on 2/13/2020) (cf)
February 13, 2020 Opinion or Order Filing 1395 MEMO ENDORSEMENT on re: #1391 Letter 30(b)(6) depositions, filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, Casey Sterk, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller. ENDORSEMENT: Application GRANTED. The parties shall file a letter by February 21, 2020, identifying any issues relating to Plaintiffs' Rule 30(b)(6) deposition notices requiring the Court's intervention, and providing the factual and legal grounds for the parties' positions. (Signed by Judge Lorna G. Schofield on 2/13/20) (yv)
February 12, 2020 Opinion or Order Filing 1394 ***SELECTED PARTIES***DECLARATION of Christopher M. Burke in Support re: #1392 LETTER MOTION for Discovery to file Hague request documents under seal addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 2/12/2020.. Document filed by Michael J. Smith, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Michael Melissinos, Oklahoma Firefighters Pension and Retirement System, Izee Trading Company, J. Paul Antonello, Value Recovery Fund LLC, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, State-Boston Retirement System, Casey Sterk, Employees' Retirement System of Puerto Rico Electric Power Authority, Peter Rives, Tiberius OC Fund, Ltd., Robert Miller, Haverhill Retirement System, John Kerstein, Thomas Gramatis, Mark Miller, Marc G. Frederighi, Aureus Currency Fund, L.P., Richard Preschern dba Preschern Trading, Doug Harvey, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Systrax Corporation, BNP Paribas North America, BNP Paribas Securities, Inc., Citigroup, N.A., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Group AP, Credit Suisse International, Credit Suisse Securities (USA) LLC, Goldman Sachs & Co. LLC, Morgan Stanley & Co., LLC. (Attachments: #1 Exhibit A - Letter request, #2 Exhibit B - 10/23/07 chat, #3 Exhibit C - 7/2/08 chat, #4 Exhibit D - 7/10/08 chat, #5 Exhibit E - 8/28/08 chat, #6 Exhibit F - 9/1/08 chat, #7 Exhibit G - 9/29/08 chat, #8 Exhibit H - 10/23/08 chat, #9 Exhibit I - 11/6/08 chat, #10 Exhibit J - 1/7/09 chat, #11 Exhibit K - 1/8/09 chat, #12 Exhibit L - 3/12/09 chat, #13 Exhibit M - 5/19/09 chat, #14 Exhibit N - 9/2/09 chat, #15 Exhibit O - 1/10/11 chat, #16 Exhibit P - 1/26/11 chat, #17 Exhibit Q - 8/21/12 chat, #18 Exhibit R - 10/7/13 chat)Motion or Order to File Under Seal: #1392 .(Burke, Christopher)
February 12, 2020 Opinion or Order Filing 1393 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #1392 LETTER MOTION for Discovery to file Hague request documents under seal addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 2/12/2020. . Document filed by Michael J. Smith, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Michael Melissinos, Oklahoma Firefighters Pension and Retirement System, Izee Trading Company, J. Paul Antonello, Value Recovery Fund LLC, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, State-Boston Retirement System, Casey Sterk, Employees' Retirement System of Puerto Rico Electric Power Authority, Peter Rives, Tiberius OC Fund, Ltd., Haverhill Retirement System, John Kerstein, Thomas Gramatis, Mark Miller, Marc G. Frederighi, Aureus Currency Fund, L.P., Richard Preschern dba Preschern Trading, Doug Harvey, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Systrax Corporation, BNP Paribas North America, BNP Paribas Securities, Inc., Citigroup, N.A., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Group AP, Credit Suisse International, Credit Suisse Securities (USA) LLC, Goldman Sachs & Co. LLC, Robert Miller. Motion or Order to File Under Seal: #1392 .(Burke, Christopher)
February 12, 2020 Opinion or Order Filing 1392 LETTER MOTION for Discovery to file Hague request documents under seal addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 2/12/2020. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
February 12, 2020 Opinion or Order Filing 1391 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Steven M. Berezney dated 2/12/2020 re: 30(b)(6) depositions. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
February 4, 2020 Opinion or Order Filing 1390 MEMO ENDORSEMENT on re: #1387 Letter,,,, filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, Casey Sterk, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller. ENDORSEMENT: Application GRANTED. It is ORDERED that the parties shall file a letter by February 12, 2020, identifying any issues relating to Plaintiffs' Rule 30(b)(6) deposition notices requiring the Court's intervention and resolution, and providing the factual and legal grounds for the parties' positions. (Signed by Judge Lorna G. Schofield on 2/4/2020) (ks)
February 4, 2020 Opinion or Order Filing 1389 ORDER granting #1388 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED that the noticed request to withdraw Indraneel Sur as counsel for UBS AG, UBS Group AG, and UBS Securities LLC is granted, and the appearance of Mr. Sur is withdrawn as of the date of this Order. (Signed by Judge Lorna G. Schofield on 2/4/2020) (kv)
February 3, 2020 Opinion or Order Filing 1388 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Indraneel Sur to Withdraw as Attorney . Document filed by UBS AG, UBS Group AG, UBS Securities LLC. (Attachments: #1 Declaration of Eric J. Stock, #2 Text of Proposed Order).(Stock, Eric) Modified on 2/25/2020 (db).
February 3, 2020 Opinion or Order Filing 1387 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 2/3/2020 re: Depositions. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC..(Burke, Christopher)
January 28, 2020 Opinion or Order Filing 1386 NOTICE AND ORDER FOR WITHDRAWAL OF COUNSEL: PLEASE TAKE NOTICE that, upon the annexed declaration of Maxwell A.H. Kosman, and subject to the approval of the Court, Maxwell A.H. Kosman hereby withdraws as counsel for MUFG Bank, Ltd (f/k/a The Bank of Tokyo-Mitsubishi UFJ, Ltd.). Paul, Weiss, Rifkind, Wharton & Garrison LLP will continue to represent MUFG Bank, Ltd in this proceeding. SO ORDERED. Attorney Maxwell Arlie Halpern Kosman terminated. (Signed by Judge Lorna G. Schofield on 1/28/2020) (jca)
January 24, 2020 Opinion or Order Filing 1385 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Bank of Tokyo-Mitsubishi UFJ Ltd.. (Kosman, Maxwell)
January 23, 2020 Opinion or Order Filing 1384 Costs Taxed as to #1372 USCA Mandate, USCA Case Number 18-3673-cv. in the amount of $1724.13. on 1/23/2020 in favor of Haverhill Retirement System, on behalf of itself and all other similarly situated, Value Recovery Fund LLC, State-Boston Retirement System, The City of Philadelphia, Board of Pensions and Retirement, Oklahoma Firefighters Pension and Retirement System, Tiberius OC Fund, LTD., Aureus Currency Fund, L.P., Employees Retirement System of Puerto Rico Electric Power Authority, Syena Global Emerging Markets Fund, LP, J. Paul Antonello, Marc G. Frederighi, Thomas Gramatis, Doug Harvey, Izee Trading Company, John Kerstein, Michael Elissinos, Mark Miller, Robert Miller, Richard Preschern, DBA Preschern Trading, Peter Rives, Michael J. Smith, Systrax Corporation, Casey Sterk, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-State Pension Fund, Plaintiffs-Appellees. against Keith Kornell, Objector-Appellant. (nd)
January 21, 2020 Opinion or Order Filing 1383 FIFTH AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: The Clerk of Court is directed to enter the dates identified in the appended letter into the Court calendar. Depositions of opening experts shall be concluded by 2/20/2020. Depositions of opposition experts shall be concluded by 4/2/2020. Fact Discovery due by 6/30/2020. Pre-Motion Conference set for 7/16/2020 at 10:40 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 1/21/2020) (mro)
January 20, 2020 Opinion or Order Filing 1382 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Jason M. Hall dated 1/20/2020 re: Fact discovery. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
January 17, 2020 Opinion or Order Filing 1381 ORDER AUTHORIZING PAYMENTS FOR SETTLEMENT ADMINISTRATION EXPENSES FROM SETTLEMENT FUNDS: NOW, THEREFORE, IT IS HEREBY ORDERED: 1. All terms in initial capitalization used in this Order shall have the same meanings as set forth in the Settlement Agreements and the Preliminary Approval Orders, unless otherwise defined herein. 2. The Court authorizes Class Counsel to pay up to an additional $2,000,000 (for a total of $18,500,000) from the settlement funds for reasonable Settlement Administration Expenses. 3. Any such expenses in excess of $18,500,000 may be paid from the settlement funds only with the approval of the Court. (Signed by Judge Lorna G. Schofield on 1/17/2020) (jwh) Transmission to Finance Unit (Cashiers) for processing.
January 17, 2020 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #1380 Proposed Order was reviewed and approved as to form. (km)
January 16, 2020 Opinion or Order Filing 1380 PROPOSED ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. Related Document Number: #1379 . (Burke, Christopher) Proposed Order to be reviewed by Clerk's Office staff.
January 16, 2020 Opinion or Order Filing 1379 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 1/16/2020 re: Request for additional disbursement. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
January 13, 2020 Opinion or Order Filing 1378 MEMO ENDORSEMENT on re: #1377 Letter filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, Casey Sterk, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller. ENDORSEMENT: It is ORDERED that the parties shall file a letter by January 20, 2020, apprising the Court on the fact discovery that remains to be completed, and the parties' proposed deadline for completing that discovery. (Signed by Judge Lorna G. Schofield on 1/13/2020) (cf)
January 10, 2020 Opinion or Order Filing 1377 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Jason M. Hall dated 1/10/2020 re: Status report. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
January 10, 2020 Opinion or Order Filing 1376 LETTER addressed to Judge Lorna G. Schofield from Katherine Calle dated January 10, 2020 re: Discovery Stay Extension. Document filed by U.S. Department of Justice.(Calle, Katherine)
January 2, 2020 Opinion or Order Filing 1375 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 1/2/2020 re: Continuing need for redactions. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
December 4, 2019 Opinion or Order Filing 1374 FOURTH AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER:...and will continue in accordance with the parameters outlined in the DOJ letter in Case No. 15-cv-9300, ECF No. 475. The parties shall comply with the deadlines identified in the October 3, 2019 letter appended hereto., as modified by the Court. Pre-Motion Conference set for 4/30/2020 at 10:40 AM before Judge Lorna G. Schofield. A pre-motion conference will be held on April 30, 2020 at 10:40 a.m. Any party wishing to file dispositive motions shall file a pre-motion letter at least fourteen days before the conference and in the form provided by the Court's Individual Rule III.A.1. The Clerk of Court is directed to enter the dates identified in the appended letter into the Court calendar. SO ORDERED. (Signed by Judge Lorna G. Schofield on 12/4/2019) (ks)
December 4, 2019 Opinion or Order Filing 1373 MEMO ENDORSEMENT on re: (327 in 1:18-cv-10364-LGS) Letter,, filed by Allianz, et al. ENDORSEMENT: It is ORDERED that, pursuant to the parameters of this letter, the testamentary discovery stay in Case Nos. 13-cv-7789, 15-cv-9300, 17-cv-3139 and 18-cv-10364 is lifted, as to defendants for whom discovery is not stayed in its entirety, for all witnesses but for Frank Cahill, Serge Sarramegna, Jason Katz, Christopher Cummins and Nicholas Williams. The DOJ shall file a status letter on January 10, 2020 and every 45 days thereafter to apprise the Court of the ongoing need for the stay as to these witnesses, if any. The parties in Case No. 15-cv-9300 shall file a joint status letter outlining all discovery that has thus far occurred and discovery that remains to be completed by December 13, 2019. Amended case management plans will issue separately in Case Nos. 13-cv-7789, 17-cv-3139 and 18-cv-10364. The Clerk is Court is respectfully requested to docket this order in Case Nos. 13-cv-7789, 15-cv-9300, 17-cv-3139 and 18-cv-10364. The Clerk of Court is also requested to close the motion in Case No. 15-cv-9300 at Dkt. No. 473. (Signed by Judge Lorna G. Schofield on 12/4/2019) (ks)
November 22, 2019 Opinion or Order Filing 1372 MANDATE of USCA (Certified Copy) as to #1143 Notice of Appeal filed by Keith Kornell. USCA Case Number 18-3673-cv. Ordered, Adjudged and Decreed that the order of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 11/22/2019. (nd)
November 22, 2019 Opinion or Order Filing 1371 MEMO ENDORSEMENT denying without prejudice #1369 Motion to Withdraw as Attorney. ENDORSEMENT: Application DENIED without prejudice to re-filing in compliance with Local Civil Rule 1.4. (Signed by Judge Lorna G. Schofield on 11/22/2019) (cf)
November 22, 2019 Opinion or Order Filing 1370 MEMO ENDORSEMENT denying without prejudice #1368 Motion to Withdraw as Attorney. ENDORSEMENT: Application DENIED without prejudice to re-filing in compliance with Local Civil Rule 1.4. (Signed by Judge Lorna G. Schofield on 11/22/2019) (cf)
November 22, 2019 Opinion or Order Transmission of USCA Mandate to the District Judge re: #1372 USCA Mandate,. (nd)
November 21, 2019 Opinion or Order Filing 1369 MOTION for Charles M. Miller to Withdraw as Attorney . Document filed by Credit Suisse Group AG. (Attachments: #1 Affidavit Declaration of Charles M. Miller Pursuant to Local Rule 1.4, #2 Affidavit Certificate of Service, #3 Text of Proposed Order)(Miller, Charles)
November 21, 2019 Opinion or Order Filing 1368 MOTION for Richard C. Schoenstein to Withdraw as Attorney . Document filed by Credit Suisse Group AG. (Attachments: #1 Affidavit Declaration of Richard C. Schoenstein Pursuant to Local Rule 1.4, #2 Affidavit Certificate of Service, #3 Text of Proposed Order)(Schoenstein, Richard)
November 11, 2019 Opinion or Order Filing 1367 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 11/11/2019 re: Continuing need for redactions. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
November 8, 2019 Opinion or Order Filing 1366 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Jason M. Hall dated 11/8/2019 re: Joint status letter. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
November 4, 2019 Opinion or Order Filing 1365 MEMO ENDORSEMENT on re: (1364 in 1:13-cv-07789-LGS) Letter filed by U.S. Department of Justice. ENDORSEMENT: Application GRANTED. The testamentary discovery stay shall continue through the conclusion of the trial in United States v. Aiyer, No. 18 Cr. 333. On December 6, 2019, the Department shall file a letter apprising the Court of the status of the trial in Aiyer. The Clerk of Court is respectfully directed to docket this Order at Nos. 13 Civ. 7789, 15 Civ. 9300, 17 Civ. 3139 and 18 Civ. 10364. (Signed by Judge Lorna G. Schofield on 11/4/2019) (cf)
November 1, 2019 Opinion or Order Filing 1364 LETTER addressed to Judge Lorna G. Schofield from Katherine Calle dated November 1, 2019 re: status of Aiyer trial. Document filed by U.S. Department of Justice.(Calle, Katherine)
October 17, 2019 Opinion or Order LETTERS ROGATORY ISSUED October 17, 2019, as to Mr. James Witt, to the Senior Master (Queen's Bench Division) Royal Courts of Justice Strand London WC2A 2LL, Deposition of Mr. James Witt, Doc. #1354, #1 Ex.A, (dt). (dt) Modified on 10/17/2019 (dt). Picked up by Michael Hausfeld's Office on October 17, 2019
October 16, 2019 Opinion or Order Filing 1363 ORDER GRANTING MOTION FOR ISSUANCE OF A HAGUE CONVENTION REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE TO TAKE TESTIMONY OVERSEAS granting #1352 MOTION to Take Deposition from James Witt. The Court, having reviewed Plaintiffs' Motion for Issuance of a Hague Convention Request for International Judicial Assistance to Take Testimony Overseas (ECF No. 1352) as well as the papers in support and opposition, HEREBY ORDERS THAT: The Motion is GRANTED. The Stipulation and Order of Confidentiality (ECF No. 555) in this action shall apply to the deposition, including the transcript and video. (And as further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 10/15/2019) (jca)
October 15, 2019 Opinion or Order Filing 1362 ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL granting #1359 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED that the Motion to Withdraw Aaron M. Zigler as counsel for Plaintiff Haverhill Retirement System, on Behalf of Itself and All Others Similarly Situated is granted and Mr. Zigler's appearance is withdrawn as of the date of this Order. (Attorney Aaron M. Zigler terminated.) (Signed by Judge Lorna G. Schofield on 10/15/19) (yv)
October 11, 2019 Opinion or Order Filing 1361 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Haverhill Retirement System. Related Document Number: #1359 . (Zelcs, George)
October 11, 2019 Opinion or Order Filing 1360 DECLARATION of George A. Zelcs in Support re: #1359 MOTION for Aaron M. Zigler to Withdraw as Attorney .. Document filed by Haverhill Retirement System. (Zelcs, George)
October 11, 2019 Opinion or Order Filing 1359 MOTION for Aaron M. Zigler to Withdraw as Attorney . Document filed by Haverhill Retirement System.(Zelcs, George)
October 11, 2019 Opinion or Order Filing 1358 OPINION AND ORDER re: #1356 JOINT MOTION for Indicative Ruling Pursuant to Federal Rule of Civil Procedure 62.1 . filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Crown and Korn, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, Casey Sterk, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Keith Kornell, Robert Miller. While the Court shares Class Counsels concerns about further delays in the distribution of the settlement fund to class members, for the foregoing reasons, the parties' joint motion is DENIED. Counsel is directed to inform the Court of Appeals of this order at oral argument or otherwise. The Clerk of Court is directed to close the motion at Docket No. 1356. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 10/11/2019) (cf)
October 9, 2019 Opinion or Order Filing 1357 NOTICE of of Filing Lodestar Declarations re: #1356 JOINT MOTION for Indicative Ruling Pursuant to Federal Rule of Civil Procedure 62.1 .. Document filed by Keith Kornell. (Attachments: #1 Affidavit Declaration of JJP, #2 Affidavit Declaration of EWC)(Pentz, John)
October 9, 2019 Opinion or Order Filing 1356 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - JOINT MOTION for Indicative Ruling Pursuant to Federal Rule of Civil Procedure 62.1 . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Crown and Korn, Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Keith Kornell, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit Stipulation and Agreement of Settlement, #2 Text of Proposed Order Granting Joint Motion for Indicative Ruling Pursuant to Federal Rule of Civil Procedure 62.1)(Hausfeld, Michael) Modified on 1/10/2020 (db).
October 4, 2019 Opinion or Order Filing 1355 SEALED DOCUMENT placed in vault.(rz)
October 4, 2019 Opinion or Order Filing 1354 DECLARATION of Michael D. Hausfeld in Support re: #1352 MOTION to Take Deposition from James Witt .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A - Request for Assistance, #2 Exhibit 1 - Stipulation re Confidentiality, #3 Exhibit 2 - Third Am. Complaint (redacted), #4 Exhibit 3 - ECF No. 242, #5 Exhibit 4 - ECF No. 661, #6 Exhibit 5 - ECF No. 1138, #7 Exhibit 6 - ECF No. 1141, #8 Exhibit B to Q - Filed Under Seal))(Hausfeld, Michael)
October 4, 2019 Opinion or Order Filing 1353 MEMORANDUM OF LAW in Support re: #1352 MOTION to Take Deposition from James Witt . REDACTED. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Hausfeld, Michael)
October 4, 2019 Opinion or Order Filing 1352 MOTION to Take Deposition from James Witt . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Text of Proposed Order)(Hausfeld, Michael)
October 4, 2019 Opinion or Order Filing 1351 THIRD AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Depositions of opposition experts shall be concluded by April 2, 2020. Dispositive Motions: A. The Parties shall file their summary judgment opening briefs by May 14, 2020. B. The Parties will file their summary judgment opposition briefs by June 18, 2020. C. The Parties will file their reply briefs on July 16, 2020. (As further set forth in this Order.) Motions due by 5/14/2020. Responses due by 6/18/2020 Replies due by 7/16/2020. Deposition due by 4/2/2020. (Signed by Judge Lorna G. Schofield on 10/4/2019) (cf)
October 3, 2019 Opinion or Order Filing 1350 LETTER addressed to Judge Lorna G. Schofield from Jason M. Hall, Christopher M. Burke, and Michael D. Hausfeld dated October 3, 2019 re: Schedule for Discovery and Dispositive Motions. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC.(Hall, Jason)
September 24, 2019 Opinion or Order Filing 1349 ORDER: It is hereby ORDERED that Plaintiffs' redaction and seal requests are GRANTED with respect to the Hague Convention request regarding James Witt. Filing the above-referenced documents in redacted form or under seal is necessary to prevent the unauthorized dissemination of confidential business information. It is further ORDERED that Plaintiffs shall send to the Chambers Inbox a copy of the above-referenced Hague Convention request in Microsoft Word format by October 9, 2019. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 9/24/2019) (cf)
September 24, 2019 Opinion or Order Filing 1348 ORDER GRANTING MOTION FOR ISSUANCE OF A HAGUE CONVENTION REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE TO TAKE TESTIMONY OVERSEAS granting #1341 Motion to Take Deposition. The Motion is GRANTED. The Request for International Judicial Assistance Pursuant to the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matter attached as Exhibit A to the Declaration of Michael D. Hausfeld, dated September 19, 2019 (ECF No. 1343) is hereby issued as the Court's "Letter of Request" and is fully incorporated herein. The signed Order and the Letter of Request will be given to Hausfeld LLP, counsel for Plaintiffs, who will cause both documents to be filed with The Senior Master (Queen's Bench Division), Royal Courts of Justice Strand, London WC2A 2LL, England. The Stipulation and Order of Confidentiality (ECF No. 555) in this action shall apply to the deposition, including the transcript and video. This Order, the deposition of Mr. Anthony John, or the terms of the Letter of Request (which are incorporated into this Order) shall not be construed or operate as a waiver of any argument, position, objection, allegation, or claim or defense of any party in the above-captioned action, or of the attorney-client privilege, the work product doctrine, or any other privileges, rights, protections, or prohibitions that may apply to that evidence under the laws of England, the United States, or the State of New York. SO ORDERED. (Signed by Judge Lorna G. Schofield on 9/24/2019) (ne) Transmission to Orders and Judgments Clerk for processing.
September 24, 2019 Opinion or Order Filing 1347 ORDER GRANTING MOTION FOR ISSUANCE OF A HAGUE CONVENTION REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE TO TAKE TESTIMONY OVERSEAS granting #1344 Motion to Take Deposition. The Motion is GRANTED. The Request for International Judicial Assistance Pursuant to the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matter attached as Exhibit A to the Declaration of Michael D. Hausfeld, dated September 19, 2019 (ECF No. 1346) is hereby issued as the Court's "Letter of Request" and is fully incorporated herein. The signed Order and the Letter of Request will be given to Hausfeld LLP, counsel for Plaintiffs, who will cause both documents to be filed with The Senior Master (Queen's Bench Division), Royal Courts of Justice Strand, London WC2A 2LL, England. The Stipulation and Order of Confidentiality (ECF No. 555) in this action shall apply to the deposition, including the transcript and video. This Order, the deposition of Mr. Perry Stimpson, or the terms of the Letter of Request (which are incorporated into this Order) shall not be construed or operate as a waiver of any argument, position, objection, allegation, or claim or defense of any party in the above-captioned action, or of the attorney-client privilege, the work product doctrine, or any other privileges, rights, protections, or prohibitions that may apply to that evidence under the laws of England, the United States, or the State of New York. SO ORDERED. (Signed by Judge Lorna G. Schofield on 9/24/2019) (ne) Transmission to Orders and Judgments Clerk for processing.
September 24, 2019 Opinion or Order LETTERS ROGATORY ISSUED September 24, 2019, as to Perry Stimpson, the Senior Master (Queen's Bench Division) Royal Courts of Justice Strand London WC2A 2Ll, Deposition of Mr. Stimpson, Doc. #1346, Ex.1, (dt) . Modified on 9/25/2019 (dt). Picked up by Michael Hausfeld's Office on September 25, 2019.
September 24, 2019 Opinion or Order LETTERS ROGATORY ISSUED September 24, 2019, as to Anthony John, the Senior Master (Queen's Bench Division) Royal Courts of Justice Strand London WC2A 2Ll, Deposition of Mr. Anthony John, Doc. #1343, Ex. 1. (dt) . Modified on 9/25/2019 (dt). Picked up by Michael Hausfeld's Office on September 25, 2019.
September 19, 2019 Opinion or Order Filing 1346 DECLARATION of Michael D. Hausfeld in Support re: #1344 MOTION to Take Deposition from Perry Stimpson .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A - Request for Assistance, #2 Exhibit 1 - Stipulation re Confidentiality, #3 Exhibit 2 - Third Am. Complaint (redacted), #4 Exhibit 3 - ECF No. 242, #5 Exhibit 4 - ECF No. 661, #6 Exhibit 5 - ECF No. 1138, #7 Exhibit 6 - ECF No. 1141, #8 Exhibit B to N - Filed Under Seal))(Hausfeld, Michael)
September 19, 2019 Opinion or Order Filing 1345 MEMORANDUM OF LAW in Support re: #1344 MOTION to Take Deposition from Perry Stimpson . REDACTED. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Hausfeld, Michael)
September 19, 2019 Opinion or Order Filing 1344 MOTION to Take Deposition from Perry Stimpson . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Text of Proposed Order)(Hausfeld, Michael)
September 19, 2019 Opinion or Order Filing 1343 DECLARATION of Michael D. Hausfeld in Support re: #1341 MOTION to Take Deposition from Anthony John .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A - Request for Assistance, #2 Exhibit 1 - Stipulation re Confidentiality, #3 Exhibit 2 - Third Am. Complaint (redacted), #4 Exhibit 3 - ECF No. 242, #5 Exhibit 4 - ECF No. 661, #6 Exhibit 5 - ECF No. 1138, #7 Exhibit 6 - ECF No. 1141, #8 Exhibit B to G - Filed Under Seal))(Hausfeld, Michael)
September 19, 2019 Opinion or Order Filing 1342 MEMORANDUM OF LAW in Support re: #1341 MOTION to Take Deposition from Anthony John . . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Hausfeld, Michael)
September 19, 2019 Opinion or Order Filing 1341 MOTION to Take Deposition from Anthony John . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Text of Proposed Order)(Hausfeld, Michael)
September 19, 2019 Opinion or Order Filing 1340 SEALED DOCUMENT placed in vault.(mhe)
September 19, 2019 Opinion or Order Filing 1339 SEALED DOCUMENT placed in vault.(mhe)
September 18, 2019 Opinion or Order Filing 1338 ORDER AUTHORIZING PAYMENTS FOR SETTLEMENT ADMINISTRATION EXPENSES FROM SETTLEMENT FUNDS: NOW, THEREFORE, IT IS HEREBY ORDERED: 1. All terms in initial capitalization used in this Order shall have the same meanings as set forth in the Settlement Agreements and the Preliminary Approval Orders, unless otherwise defined herein. 2. The Court authorizes Class Counsel to pay up to an additional $2,000,000 (for a total of $16,500,000) from the settlement funds for reasonable Settlement Administration Expenses. 3. Any such expenses in excess of $16,500,000 may be paid from the settlement funds only with the approval of the Court. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 9/18/2019) (cf)
September 17, 2019 Opinion or Order Filing 1337 PROPOSED ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. Related Document Number: #1336 . (Burke, Christopher) Proposed Order to be reviewed by Clerk's Office staff.
September 17, 2019 Opinion or Order Filing 1336 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 9/17/2019 re: Request for authorization of disbursement. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
September 17, 2019 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #1337 Proposed Order, was reviewed and approved as to form. (dt)
September 16, 2019 Opinion or Order ***DELETED DOCUMENT. Deleted document number #1336 ORDER. The document had the incorrect case number on it as per Chambers. (kgo)
September 16, 2019 Opinion or Order Filing 1335 NOTICE of Attorney Withdrawal re: #689 MOTION for Julie A. Kearns to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13023942. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System. (Burke, Christopher)
September 16, 2019 Opinion or Order Filing 1334 ORDER: It is hereby ORDERED that Plaintiffs' redaction and seal requests are GRANTED with respect to the Hague Convention request regarding Anthony John. It is further ORDERED that Plaintiffs shall send to the Chambers Inbox a copy of the above-referenced Hague Convention request in Microsoft Word format by September 30, 2019. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 9/16/2019) (cf)
September 13, 2019 Opinion or Order Filing 1333 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Jason M. Hall dated 9/13/2019 re: Status letter. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
September 11, 2019 Opinion or Order Filing 1332 ORDER: It is herebyORDERED that Plaintiffs' redaction and seal requests are GRANTED with respect to the Hague Convention request regarding Perry Stimpson. It is further ORDERED that Plaintiffs shall send to the Chambers Inbox a copy of the above referenced Hague Convention request in Microsoft Word format by September 25, 2019. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 9/11/2019) (cf)
September 3, 2019 Opinion or Order Filing 1331 OPINION AND ORDER: For the foregoing reasons, Plaintiffs' motion for certification of a Rule 23(b)(3) class is DENIED, but certification of a Rule 23(c)(4) OTC Class is GRANTED for adjudication of two issues: (1) the existence of a conspiracy to widen spreads in the spot market and (2) the CS Defendants' participation in the conspiracy. For this purpose, the OTC Class is defined as: All persons who, between December 1, 2007 and December 31, 2013 (inclusive) entered into a total of 10 or more FX spot, forward, and/or swap trades directly with one or more Defendants in the 52 Affected Currency Pairs via voice or on a single-bank platform, where Defendants provided liquidity and such persons were either domiciled in the United States or its territories or, if domiciled outside the United States or its territories, traded in the United States or its territories. Plaintiffs' motion for appointment of Class Counsel is GRANTED. Christopher M. Burke, of Scott + Scott, Attorneys at Law, LLP, and Michael D. Hausfeld, of Hausfeld, LLP, are hereby appointed as Class Counsel. The CS Defendants' Daubert motions are GRANTED in part, as set forth above, and are otherwise DENIED as moot. The Clerk of Court is respectfully directed to close the motions at Docket Nos. 1218 & 1197. (Signed by Judge Lorna G. Schofield on 9/3/2019) Filed In Associated Cases: 1:13-cv-07789-LGS et al.(jca)
August 30, 2019 Opinion or Order Filing 1330 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke dated 08/30/2019 re: Continuing need for redactions. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
August 30, 2019 Opinion or Order LETTERS ROGATORY ISSUED August 30, 3019, the Senior Master (Queen's Bench Division) Royal Courts of Justice Strand London WC2A 2Ll, Deposition of Mr. Daniel Weiss, Doc. # 1320, Ex 1. (dt) Modified on 8/30/2019 (dt). Picked up August 30, 3019, by Scott & Scott Attorneys at law, LLP.
August 30, 2019 Opinion or Order LETTERS ROGATORY ISSUED August 30, 3019, the Senior Master (Queen's Bench Division) Royal Courts of Justice Strand London WC2A 2Ll, Deposition of Mr. John Erratt, Doc. # 1317, Ex 1. (dt) Modified on 8/30/2019 (dt). Picked up August 30, 3019, by Scott & Scott Attorneys at law, LLP.
August 30, 2019 Opinion or Order LETTERS ROGATORY ISSUED August 30, 3019, the Senior Master (Queen's Bench Division) Royal Courts of Justice Strand London WC2A 2Ll, Deposition of Mr. Mark Clark, Doc. # 1323, Ex 1. (dt) Modified on 8/30/2019 (dt). Picked up August 30, 3019, by Scott & Scott Attorneys at law, LLP.
August 28, 2019 Opinion or Order Filing 1329 ORDER GRANTING MOTION FOR ISSUANCE OF A HAGUE CONVENTION REQUEST FOR INTERNATIONALJUDICIAL ASSISTANCE TO TAKE TESTIMONY OVERSEAS #1321 Motion to Take Deposition. The Motion is GRANTED. The Request for International Judicial Assistance Pursuant to the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matter attached as Exhibit A to the Declaration of Christopher M. Burke, dated August 9, 2019 is hereby issued as the Court's "Letter of Request" and is fully incorporated herein. (As further set forth in this Order.) This Order, the deposition of Mr. Mark Clark, or the terms of the Letter of Request (which are incorporated into this Order) shall not be construed or operate as a waiver of any argument, position, objection, allegation, or claim or defense of any party in the above-captioned action, or of the attorney-client privilege, the work product doctrine, or any other privileges, rights, protections, or prohibitions that may apply to that evidence under the laws of England, the United States, or the State of New York. (Signed by Judge Lorna G. Schofield on 8/28/2019) (cf)
August 28, 2019 Opinion or Order Filing 1328 ORDER GRANTING MOTION FOR ISSUANCE OF A HAGUE CONVENTION REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE TO TAKE TESTIMONY OVERSEAS #1315 Motion to Take Deposition. 1. The Motion is GRANTED. 2. The Request for International Judicial Assistance Pursuant to the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matter attached as Exhibit A to the Declaration of Christopher M. Burke, dated August 9, 2019 is hereby issued as the Court's "Letter of Request" and is fully incorporated herein. (As further set forth in this Order.) This Order, the deposition of Mr. John Erratt, or the terms of the Letter of Request (which are incorporated into this Order) shall not be construed or operate as a waiver of any argument, position, objection, allegation, or claim or defense of any party in the above-captioned action, or of the attorney-client privilege, the work product doctrine, or any other privileges, rights, protections, or prohibitions that may apply to that evidence under the laws of England, the United States, or the State of New York. (Signed by Judge Lorna G. Schofield on 8/28/2019) (cf)
August 28, 2019 Opinion or Order Filing 1327 ORDER GRANTING MOTION FOR ISSUANCE OF A HAGUE CONVENTION REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE TO TAKE TESTIMONY OVERSEAS #1318 Motion to Take Deposition. The Motion is GRANTED. The Request for International Judicial Assistance Pursuant to the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matter attached as Exhibit A to the Declaration of Christopher M. Burke, dated August 9, 2019 is hereby issued as the Court's "Letter of Request" and is fully incorporated herein. (As further set forth in this Order.) This Order, the deposition of Mr. Daniel Wise, or the terms of the Letter of Request (which are incorporated into this Order) shall not be construed or operate as a waiver of any argument, position, objection, allegation, or claim or defense of any party in the above-captioned action, or of the attorney-client privilege, the work product doctrine, or any other privileges, rights, protections, or prohibitions that may apply to that evidence under the laws of England, the United States, or the State of New York. (Signed by Judge Lorna G. Schofield on 8/28/2019) (cf)
August 9, 2019 Opinion or Order Filing 1324 SEALED DOCUMENT placed in vault.(rz)
August 9, 2019 Opinion or Order Filing 1323 DECLARATION of Christopher M. Burke in Support re: #1321 MOTION to Take Deposition from Mark Clark .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A - Letter request, #2 Exhibit 1 - Stipulation re Confidentiality, #3 Exhibit 2 - Third Am. Complaint (redacted), #4 Exhibit 3 ECF No. 242, #5 Exhibit 4 - ECF No. 661, #6 Exhibit 5 -ECF No. 1308, #7 Exhibit B - Z Filed under seal)(Burke, Christopher)
August 9, 2019 Opinion or Order Filing 1322 MEMORANDUM OF LAW in Support re: #1321 MOTION to Take Deposition from Mark Clark . REDACTED. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
August 9, 2019 Opinion or Order Filing 1321 MOTION to Take Deposition from Mark Clark . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Text of Proposed Order)(Burke, Christopher)
August 9, 2019 Opinion or Order Filing 1320 DECLARATION of Christopher M. Burke in Support re: #1318 MOTION to Take Deposition from Daniel Wise .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A Request for Assistance, #2 Exhibit 1 - Stipulation re Confidentiality, #3 Exhibit 2 - Third Am. Complaint (redacted), #4 Exhibit 3 ECF No. 242, #5 Exhibit 4 - ECF No. 661, #6 Exhibit 5 -ECF No. 1308, #7 Exhibit B-U Filed under seal)(Burke, Christopher)
August 9, 2019 Opinion or Order Filing 1319 MEMORANDUM OF LAW in Support re: #1318 MOTION to Take Deposition from Daniel Wise . REDACTED. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
August 9, 2019 Opinion or Order Filing 1318 MOTION to Take Deposition from Daniel Wise . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Text of Proposed Order)(Burke, Christopher)
August 9, 2019 Opinion or Order Filing 1317 DECLARATION of Christopher M. Burke in Support re: #1315 MOTION to Take Deposition from John Erratt .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A - Letter request, #2 Exhibit 1 - Stipulation re Confidentiality, #3 Exhibit 2 - Third Am. Complaint (redacted), #4 Exhibit 3 ECF No. 242, #5 Exhibit 4 - ECF No. 661, #6 Exhibit 5 -ECF No. 1308, #7 Exhibit B-W Filed under seal)(Burke, Christopher)
August 9, 2019 Opinion or Order Filing 1316 MEMORANDUM OF LAW in Support re: #1315 MOTION to Take Deposition from John Erratt . REDACTED. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
August 9, 2019 Opinion or Order Filing 1315 MOTION to Take Deposition from John Erratt . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Text of Proposed Order)(Burke, Christopher)
August 8, 2019 Opinion or Order Filing 1314 ORDER: It is hereby ORDERED that Plaintiffs' redaction and seal requests are GRANTED with respect to the Hague Convention requests regarding Mark Clark, John Erratt and Daniel Wise. Although "[t]he common law right of public access to judicial documents is firmly rooted in our nations history," this right is not absolute, and courts "must balance competing considerations against" the presumption of access. Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 11920 (2d Cir. 2006) (internal quotation marks omitted); see also Nixon v. Warner Commc'ns., Inc., 435 U.S. 589, 599 (1978) ("[T]he decision as to access is one best left to the sound discretion of the trial court, a discretion to be exercised in light of the relevant facts and circumstances of the particular case."). Filing the above-referenced documents in redacted form or under seal is necessary to prevent the unauthorized dissemination of confidential business information. It is further ORDERED that Plaintiffs shall send to the Chambers Inbox a copy of the above-referenced Hague Convention requests in Microsoft Word format by August 15, 2019. (Signed by Judge Lorna G. Schofield on 8/08/2019) (ama)
August 7, 2019 Opinion or Order Filing 1313 SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Bank of America Corporation, Corporate Parent BANA Holding Corporation, Corporate Parent BAC North America Holding Company, Corporate Parent NB Holdings Corporation, Other Affiliate Berkshire Hathaway Inc. for Bank of America, N.A.; Corporate Parent Bank of America Corporation, Corporate Parent NB Holdings Corporation, Other Affiliate Berkshire Hathaway Inc. for Merrill Lynch, Pierce, Fenner & Smith Inc.; Other Affiliate Berkshire Hathaway Inc. for Bank Of America Corporation. Document filed by Bank Of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Inc..(Hakki, Adam)
July 12, 2019 Opinion or Order Filing 1312 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Jason M. Hall dated 7/12/2019 re: Joint Status Letter. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
July 11, 2019 Opinion or Order Filing 1311 MEMO ENDORSEMENT on re: (465 in 1:15-cv-09300-LGS) Letter filed by John Nypl. ENDORSEMENT: It is ORDERED that the testamentary discovery stay is extended through the conclusion of the trial in United States v. Aiyer, No. 18 Cr. 333, currently scheduled for October 21, 2019. On November 1, 2019, the Department shall file a letter apprising the Court of the status of the trial in Aiyer. The Clerk of Court is respectfully directed to docket this Order at Nos. 13 Civ. 7789, 15 Civ. 9300, 17 Civ. 3139 and 18 Civ. 10364. (Signed by Judge Lorna G. Schofield on 7/11/2019) (cf)
July 1, 2019 Opinion or Order Filing 1310 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 7/1/2019 re: Continuing need for redactions. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
July 1, 2019 Opinion or Order Filing 1309 MEMO ENDORSEMENT on re: (1308 in 1:13-cv-07789-LGS) Letter filed by U.S. Department of Justice. ENDORSEMENT: It is ORDERED that the Nypl Plaintiffs shall file a letter response, not to exceed two pages, by July 8, 2019. The Clerk of Court is respectfully directed to docket this Order at Nos. 13 Civ. 7789, 15 Civ. 9300, 17 Civ. 3139 and 18 Civ. 10364. (Signed by Judge Lorna G. Schofield on 7/1/2019) (cf)
June 28, 2019 Opinion or Order Filing 1308 LETTER addressed to Judge Lorna G. Schofield from Katherine Calle dated June 28, 2019 re: Discovery Stay Extension. Document filed by U.S. Department of Justice.(Calle, Katherine)
June 10, 2019 Opinion or Order Filing 1307 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 06/10/2019 re: Update on Distribution. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
May 31, 2019 Opinion or Order Filing 1306 MEMO ENDORSEMENT on re: #1305 Letter filed by Citibank N.A., Citigroup Global Markets, Inc., Citigroup, Inc., Citicorp. ENDORSEMENT: Application GRANTED. Attorney Thomas A. Isaacson terminated. (Signed by Judge Lorna G. Schofield on 5/31/2019) (ne)
May 30, 2019 Opinion or Order Filing 1305 LETTER addressed to Judge Lorna G. Schofield from Thomas A. Isaacson dated May 30, 2019 re: Withdrawal of Attorney. Document filed by Citibank N.A., Citicorp, Citigroup Global Markets, Inc., Citigroup, Inc..(Isaacson, Thomas)
May 10, 2019 Opinion or Order Filing 1304 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Jason M. Hall dated 5/10/2019 re: Status report. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
May 1, 2019 Opinion or Order Filing 1303 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 5/1/2019 re: Continuing need for redactions. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
April 30, 2019 Opinion or Order Filing 1302 NOTICE OF CHANGE OF ADDRESS by David E Kovel on behalf of John Burnside, Steve Leaven, Neil Taylor. New Address: Kirby McInerney LLP, 250 Park Avenue, Suite 850, New York, New York, United States 10177, 212-371-6600. (Kovel, David)
April 22, 2019 Opinion or Order Filing 1301 MEMO ENDORSEMENT on re: #1300 Letter, filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, Casey Sterk, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller. ENDORSEMENT: For substantially the reasons stated in FOREX Class Counsel's letter, Nypl Plaintiffs' application for an order directing Class Counsel to provide advance notice of the scheduling and noticing of foreign depositions (No. 15 Civ. 9300, Dkt. No. 439) is DENIED. The Clerk of Court is respectfully directed to docket this Order at Nos. 13 Civ. 7789 and 15 Civ. 9300. (Signed by Judge Lorna G. Schofield on 4/22/2019) (ks)
April 19, 2019 Opinion or Order Filing 1300 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 4/19/2019 re: Response to 4/16 Order. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
April 16, 2019 Opinion or Order Filing 1299 MEMO ENDORSEMENT on re: (439 in 1:15-cv-09300-LGS) Letter filed by John Nypl, (1298 in 1:13-cv-07789-LGS) Letter filed by John Nypl. ENDORSEMENT: It is ORDERED that, if UBS has knowledge of Gardiner's address, UBS shall produce the address to Plaintiffs no later than April 19, 2019. It is further ORDERED that by April 23, 2019, Plaintiffs shall file the proposed Letter of Request in redacted form on ECF and in unredacted form under seal, and shall submit a copy in Microsoft Word format to the Chambers Inbox. By April 19, 2019, Class Counsel in In re FOREX shall file a letter responding to Plaintiffs' request for advance notice of the scheduling and noticing of depositions in the U.K. and Europe. The Clerk of Court is respectfully directed to docket this Order at No. 13 Civ. 7789 and 15 Civ. 9300. (Signed by Judge Lorna G. Schofield on 4/16/2019) (ks) Modified on 4/19/2019 (ks).
April 15, 2019 Opinion or Order Filing 1298 LETTER addressed to Judge Lorna G. Schofield from Joseph M. Alioto dated 04/15/2019 re: Application for Order for Coordination and Extension of Time. Document filed by John Nypl.(Alioto, Joseph)
April 10, 2019 Opinion or Order Filing 1297 SEALED DOCUMENT placed in vault.(mhe)
April 10, 2019 Opinion or Order Filing 1296 SEALED DOCUMENT placed in vault.(mhe)
April 10, 2019 Opinion or Order LETTERS ROGATORY ISSUED on April 5, 2019, to obtain the testimony of Rohan Ramchandani and James Michael Anthony Wynne. (km)
April 3, 2019 Opinion or Order Filing 1295 ORDER GRANTING MOTION FOR ISSUANCE OF A HAGUE CONVENTION REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE TO TAKE TESTIMONY OVERSEAS #1287 Motion to Take Deposition. 1. The Motion is GRANTED. 2. The Request for International Judicial Assistance Pursuant to the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matter attached as Exhibit A to the Declaration of Michael D. Hausfeld, dated April 1, 2019 is hereby issued as the Court's "Letter of Request" and is fully incorporated herein. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 4/3/2019) (cf)
April 3, 2019 Opinion or Order Filing 1294 ORDER GRANTING MOTION FOR ISSUANCE OF A HAGUE CONVENTION REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE TO TAKE TESTIMONY OVERSEAS #1284 Motion to Take Deposition. 1. The Motion is GRANTED. (Dkt. No. 1284) 2. The Request for International Judicial Assistance Pursuant to the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matter attached as Exhibit A to the Declaration of Christopher M. Burke, dated February 21, 2019 is hereby issued as the Court's "Letter of Request" and is fully incorporated herein. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 4/3/2019) (cf)
April 3, 2019 Opinion or Order Filing 1293 MEMO ENDORSEMENT on re: #1292 Letter filed by RBS Securities, Inc., The Royal Bank of Scotland PLC, The Royal Bank of Scotland Group PLC. ENDORSEMENT: Counsel's application to leave to withdraw is GRANTED. The Clerk of Court is respectfully directed to remove Ms. King's registration as counsel of record. (Attorney Melissa Carrie King terminated.) (Signed by Judge Lorna G. Schofield on 4/3/2019) (anc)
April 2, 2019 Opinion or Order Filing 1292 LETTER addressed to Judge Lorna G. Schofield from Melissa King dated April 2, 2019 re: To Withdraw as Counsel of Record. Document filed by RBS Securities, Inc., The Royal Bank of Scotland Group PLC, The Royal Bank of Scotland PLC.(King, Melissa)
April 1, 2019 Opinion or Order Filing 1291 ORDER denying #1245 Letter Motion for Leave to File Document. For substantially the reasons stated in Defendants' letter, Plaintiffs' letter motion for leave to file supplemental briefing (Dkt. No. 1245) is DENIED. The Court may reconsider this ruling at a later date. The Clerk of Court is respectfully directed to close the motion at Docket No. 1245. (Signed by Judge Lorna G. Schofield on 4/1/2019) (jca)
April 1, 2019 Opinion or Order Filing 1290 SEALED DOCUMENT placed in vault.(rz)
April 1, 2019 Opinion or Order Filing 1289 DECLARATION of Michael D. Hausfeld in Support re: #1287 MOTION to Take Deposition from Rohan Ramchandani .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A - Request for Assistance, #2 Exhibit 1 - Stipulation re Confidentiality, #3 Exhibit 2 - Third Am. Complaint (redacted), #4 Exhibit 3 - ECF No. 242, #5 Exhibit 4 - ECF No. 661, #6 Exhibit 5 - ECF No. 1138, #7 Exhibit 6 - ECF No. 1141, #8 Exhibit B - Notice of Charges for Prohibition and Notice of Assessment of Civil Money Penalty, #9 Exhibit C - Trial Transcript Excerpt, #10 Exhibit D to W - Filed Under Seal)(Hausfeld, Michael)
April 1, 2019 Opinion or Order Filing 1288 MEMORANDUM OF LAW in Support re: #1287 MOTION to Take Deposition from Rohan Ramchandani . REDACTED. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Hausfeld, Michael)
April 1, 2019 Opinion or Order Filing 1287 MOTION to Take Deposition from Rohan Ramchandani . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Text of Proposed Order)(Hausfeld, Michael)
April 1, 2019 Opinion or Order Filing 1286 DECLARATION of Christopher M. Burke in Support re: #1284 MOTION to Take Deposition from James Wynne .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A Request for Assistance, #2 Exhibit 1 - Stipulation re Confidentiality, #3 Exhibit 2 - Third Am. Complaint (redacted), #4 Exhibit 3 ECF No. 242, #5 Exhibit 4 - ECF No. 661, #6 Exhibit 5 - ECF No. 1138, #7 Exhibit 6 ECF No. 1141, #8 Exhibit B to Z - Filed under seal)(Burke, Christopher)
April 1, 2019 Opinion or Order Filing 1285 MEMORANDUM OF LAW in Support re: #1284 MOTION to Take Deposition from James Wynne . REDACTED. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
April 1, 2019 Opinion or Order Filing 1284 MOTION to Take Deposition from James Wynne . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Text of Proposed Order)(Burke, Christopher)
April 1, 2019 Opinion or Order Filing 1283 ENDORSED LETTER addressed to Judge Lorna G. Schofield from Alioto Law Firm dated March 29, 2019 re: letter requesting stay by the DOJ be denied. ENDORSEMENT: For substantially the reasons stated in the Department's letter (No. 13 Civ. 7789, Dkt. No. 1252), the Department's application is GRANTED. The testamentary discovery stay is extended to July 1, 2019. The Department may apply for an extension at that time if the stay continues to be necessary. The Clerk of Court is respectfully directed to docket this Order in Case Nos. 13 Civ. 7789, 15 Civ. 9300, 17 Civ. 3139 and 18 Civ. 10364. (Signed by Judge Lorna G. Schofield on 4/1/2019) (ks)
March 29, 2019 Opinion or Order Filing 1282 SEALED DOCUMENT placed in vault.(rz)
March 29, 2019 Opinion or Order LETTERS ROGATORY ISSUED on March 29, 2019, and picked up by Scott & Scott Attorneys at Law LLP, and to obtain the testimony of Ian Drysdale, Richard Usher, Paul Nash, Gordon Andrew, Christopher Ashton and Matthew Gariner in the United Kingdom. (km)
March 28, 2019 Opinion or Order Transmission to Office of the Clerk of Court. Transmitted re: #1281 Order to the Office of the Clerk of Court for processing. (ks)
March 28, 2019 Opinion or Order Filing 1281 ORDER GRANTING MOTION FOR ISSUANCE OF A HAGUE CONVENTION REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE TO TAKE TESTIMONY OVERSEAS: HEREBY ORDERS THAT: 1. The Motion is GRANTED. 2. The Request for International Judicial Assistance Pursuant to the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matter attached as Exhibit A to the Declaration of Christopher M. Burke, dated February 26, 2019 is hereby issued as the Court's "Letter of Request" and is fully incorporated herein. 3. The signed Order and the Letter of Request will be given to Scott+Scott Attorneys at Law LLP, Interim Co-Lead Counsel for Plaintiffs, who will cause both documents to be filed with The Senior Master (Queen's Bench Division), Royal Courts of Justice Strand, London WC2A 2LL, England. 4. The Stipulation and Order of Confidentiality (ECF No. 555) in this action shall apply to the deposition, including the transcript and video. 5. This Order, the deposition of Mr. Paul Nash, or the terms of the Letter of Request (which are incorporated into this Order) shall not be construed or operate as a waiver of any argument, position, objection, allegation, or claim or defense of any party in the above-captioned action, or of the attorney-client privilege, the work product doctrine, or any other privileges, rights, protections, or prohibitions that may apply to that evidence under the laws of England, the United States, or the State of New York. (Signed by Judge Lorna G. Schofield on 3/28/2019) (ks) Modified on 4/1/2019 (ks).
March 28, 2019 Opinion or Order Filing 1280 ORDER GRANTING MOTION FOR ISSUANCE OF A HAGUE CONVENTION REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE TO TAKE TESTIMONY OVERSEAS #1259 Motion to Take Deposition. The Motion is GRANTED. The Request for International Judicial Assistance Pursuant to the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matter attached as Exhibit A to the Declaration of Christopher M. Burke, dated February 21, 2019 is hereby issued as the Court's "Letter of Request" and is fully incorporated herein. (As further set forth in this Order.) This Order, the deposition of Mr. Richard Usher, or the terms of the Letter of Request (which are incorporated into this Order) shall not be construed or operate as a waiver of any argument, position, objection, allegation, or claim or defense of any party in the above-captioned action, or of the attorney-client privilege, the work product doctrine, or any other privileges, rights, protections, or prohibitions that may apply to that evidence under the laws of England, the United States, or the State of New York. (Signed by Judge Lorna G. Schofield on 3/28/2019) (cf)
March 28, 2019 Opinion or Order Filing 1279 ORDER GRANTING MOTION FOR ISSUANCE OF A HAGUE CONVENTION REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE TO TAKE TESTIMONY OVERSEAS granting #1271 Motion to Take Deposition. The Motion is GRANTED. The Request for International Judicial Assistance Pursuant to the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matter attached as Exhibit A to the Declaration of Christopher M. Burke, dated February 25, 2019 is hereby issued as the Court's "Letter of Request" and is fully incorporated herein. (As further set forth in this Order.) This Order, the deposition of Mr. Matthew Gardiner, or the terms of the Letter of Request (which are incorporated into this Order) shall not be construed or operate as a waiver of any argument, position, objection, allegation, or claim or defense of any party in the above-captioned action, or of the attorney-client privilege, the work product doctrine, or any other privileges, rights, protections, or prohibitions that may apply to that evidence under the laws of England, the United States, or the State of New York. (Signed by Judge Lorna G. Schofield on 3/28/2019) (cf)
March 28, 2019 Opinion or Order Filing 1278 ORDER GRANTING MOTION FOR ISSUANCE OF A HAGUE CONVENTION REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE TO TAKE TESTIMONY OVERSEAS #1256 Motion to Take Deposition. The Motion is GRANTED. The Request for International Judicial Assistance Pursuant to the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matter attached as Exhibit A to the Declaration of Christopher M. Burke, dated February 25, 2019 is hereby issued as the Court's "Letter of Request" and is fully incorporated herein. (As further set forth in this Order.) This Order, the deposition of Mr. Ian Drysdale, or the terms of the Letter of Request (which are incorporated into this Order) shall not be construed or operate as a waiver of any argument, position, objection, allegation, or claim or defense of any party in the above-captioned action, or of the attorney-client privilege, the work product doctrine, or any other privileges, rights, protections, or prohibitions that may apply to that evidence under the laws of England, the United States, or the State of New York. (Signed by Judge Lorna G. Schofield on 3/28/2019) (cf)
March 28, 2019 Opinion or Order Filing 1277 ORDER GRANTING MOTION FOR ISSUANCE OF A HAGUE CONVENTION REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE TO TAKE TESTIMONY OVERSEAS #1268 Motion to Take Deposition. The Motion is GRANTED. The Request for International Judicial Assistance Pursuant to the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matter attached as Exhibit A to the Declaration of Christopher M. Burke, dated February 22, 2019 is hereby issued as the Court's "Letter of Request" and is fully incorporated herein. (As further set forth in this Order.) This Order, the deposition of Mr. Christopher Ashton, or the terms of the Letter of Request (which are incorporated into this Order) shall not be construed or operate as a waiver of any argument, position, objection, allegation, or claim or defense of any party in the above-captioned action, or of the attorney-client privilege, the work product doctrine, or any other privileges, rights, protections, or prohibitions that may apply to that evidence under the laws of England, the United States, or the State of New York. (Signed by Judge Lorna G. Schofield on 3/28/2019) (cf)
March 28, 2019 Opinion or Order Filing 1276 ORDER GRANTING MOTION FOR ISSUANCE OF A HAGUE CONVENTION REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE TO TAKE TESTIMONY OVERSEAS #1265 Motion to Take Deposition. The Motion is GRANTED. The Request for International Judicial Assistance Pursuant to the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matter attached as Exhibit A to the Declaration of Christopher M. Burke, dated February 26, 2019 is hereby issued as the Court's "Letter of Request" and is fully incorporated herein. This Order, the deposition of Mr. Gordon Stewart Andrew, or the terms of the Letter of Request (which are incorporated into this Order) shall not be construed or operate as a waiver of any argument, position, objection, allegation, or claim or defense of any party in the above-captioned action, or of the attorney-client privilege, the work product doctrine, or any other privileges, rights, protections, or prohibitions that may apply to that evidence under the laws of England, the United States, or the State of New York. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 3/28/2019) (cf)
March 28, 2019 Opinion or Order Filing 1275 ORDER: It is hereby ORDERED that Plaintiffs' redaction and seal requests are GRANTED with respect to the following Hague Convention requests: James Michael Anthony Wynne (letter dated February 21, 2019) and Rohan Ramchandani (letter dated March 27, 2019). By April 1, 2019, Plaintiffs shall file the foregoing Hague Convention requests and supporting papers in redacted form and/or under seal as outlined in Plaintiffs' letters. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 3/28/2019) (cf) Transmission to Sealed Records Clerk for processing.
March 27, 2019 Opinion or Order Filing 1274 NOTICE OF CHANGE OF ADDRESS by Allan Steyer on behalf of Haverhill Retirement System. New Address: STEYER LOWENTHAL BOODROOKAS ALVAREZ & SMITH LLP, 235 Pine Street, 15th Floor, San Francisco, California, United States 94104, 4154213400. (Steyer, Allan)
March 27, 2019 Opinion or Order Filing 1273 DECLARATION of Christopher M. Burke in Support re: #1271 MOTION to Take Deposition from Matthew Gardiner .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A Request for Assistance, #2 Exhibit 1 - Stipulation re Confidentiality, #3 Exhibit 2 - Third Am. Complaint (redacted), #4 Exhibit 3 ECF No. 242, #5 Exhibit 4 - ECF No. 661, #6 Exhibit 5 - ECF No. 1138, #7 Exhibit 6 ECF No. 1141, #8 Exhibit B - Order of Prohibition, #9 Exhibit C - trial transcript excerpts, #10 Exhibit D-EE - Filed under seal)(Burke, Christopher)
March 27, 2019 Opinion or Order Filing 1272 MEMORANDUM OF LAW in Support re: #1271 MOTION to Take Deposition from Matthew Gardiner . REDACTED. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
March 27, 2019 Opinion or Order Filing 1271 MOTION to Take Deposition from Matthew Gardiner . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Text of Proposed Order)(Burke, Christopher)
March 27, 2019 Opinion or Order Filing 1270 DECLARATION of Christopher M. Burke in Support re: #1268 MOTION to Take Deposition from Christopher Ashton .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A Request for Assistance, #2 Exhibit 1 - Stipulation re Confidentiality, #3 Exhibit 2 - Third Am. Complaint (redacted), #4 Exhibit 3 ECF No. 242, #5 Exhibit 4 - ECF No. 661, #6 Exhibit 5 - ECF No. 1138, #7 Exhibit 6 ECF No. 1141, #8 Exhibit B - Notice re Christopher Ashton, #9 Exhibit C - Final Decision, #10 Exhibit D - Employment Tribunal, #11 Exhibit E - trial transcript excerpt, #12 Exhibit F to GG - Filed under seal)(Burke, Christopher)
March 27, 2019 Opinion or Order Filing 1269 MEMORANDUM OF LAW in Support re: #1268 MOTION to Take Deposition from Christopher Ashton . REDACTED. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
March 27, 2019 Opinion or Order Filing 1268 MOTION to Take Deposition from Christopher Ashton . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Text of Proposed Order)(Burke, Christopher)
March 27, 2019 Opinion or Order Filing 1267 DECLARATION of Christopher M. Burke in Support re: #1265 MOTION to Take Deposition from Gordon Andrew .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Robert Charles Class A, L.P., Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A Request for Assistance, #2 Exhibit 1 - Stipulation re Confidentiality, #3 Exhibit 2 - Third Am. Complaint (redacted), #4 Exhibit 3 ECF No. 242, #5 Exhibit 4 - ECF No. 661, #6 Exhibit 5 - 2/13/19 email, #7 Exhibit B - Z Filed under seal)(Burke, Christopher)
March 27, 2019 Opinion or Order Filing 1266 MEMORANDUM OF LAW in Support re: #1265 MOTION to Take Deposition from Gordon Andrew . REDACTED. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
March 27, 2019 Opinion or Order Filing 1265 MOTION to Take Deposition from Gordon Andrew . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Text of Proposed Order)(Burke, Christopher)
March 27, 2019 Opinion or Order Filing 1264 DECLARATION of Christopher M. Burke in Support re: #1262 MOTION to Take Deposition from Paul Nash .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A Request for Assistance, #2 Exhibit 1 - Stipulation re Confidentiality, #3 Exhibit 2 - Third Am. Complaint (redacted), #4 Exhibit 3 ECF No. 242, #5 Exhibit 4 - ECF No. 661, #6 Exhibit 5 - ECF No. 1138, #7 Exhibit 6 ECF No. 1141, #8 Exhibit B to Y - Filed under seal)(Burke, Christopher)
March 27, 2019 Opinion or Order Filing 1263 MEMORANDUM OF LAW in Support re: #1262 MOTION to Take Deposition from Paul Nash . REDACTED. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
March 27, 2019 Opinion or Order Filing 1262 MOTION to Take Deposition from Paul Nash . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Text of Proposed Order)(Burke, Christopher)
March 27, 2019 Opinion or Order Filing 1261 DECLARATION of Christopher M. Burke in Support re: #1259 MOTION to Take Deposition from Richard Usher .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A Request for Assistance, #2 Exhibit 1 - Stipulation re Confidentiality, #3 Exhibit 2 - Third Am. Complaint (redacted), #4 Errata 3 ECF No. 242, #5 Exhibit 4 - ECF No. 661, #6 Exhibit 5 - ECF No. 1138, #7 Exhibit 6 ECF No. 1141, #8 Exhibit B to FF - Filed under seal)(Burke, Christopher)
March 27, 2019 Opinion or Order Filing 1260 MEMORANDUM OF LAW in Support re: #1259 MOTION to Take Deposition from Richard Usher . REDACTED. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
March 27, 2019 Opinion or Order Filing 1259 MOTION to Take Deposition from Richard Usher . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Text of Proposed Order)(Burke, Christopher)
March 27, 2019 Opinion or Order Filing 1258 DECLARATION of Christopher M. Burke in Support re: #1256 MOTION to Take Deposition from Ian Drysdale .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A Request for Assistance, #2 Exhibit 1 - Stipulation re Confidentiality, #3 Exhibit 2 - Third Am. Complaint (redacted), #4 Exhibit 3 ECF No. 242, #5 Exhibit 4 - ECF No. 661, #6 Exhibit 5 - 2/13/19 email, #7 Exhibit B - Z Filed under seal)(Burke, Christopher)
March 27, 2019 Opinion or Order Filing 1257 MEMORANDUM OF LAW in Support re: #1256 MOTION to Take Deposition from Ian Drysdale . REDACTED. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
March 27, 2019 Opinion or Order Filing 1256 MOTION to Take Deposition from Ian Drysdale . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Text of Proposed Order)(Burke, Christopher)
March 26, 2019 Opinion or Order Filing 1255 MEMO ENDORSEMENT on re: (1252 in 1:13-cv-07789-LGS) Letter Discovery Stay Extension, filed by U.S. Department of Justice. ENDORSEMENT: It is ORDERED that by March 29, 2019, the Nypl Plaintiffs shall file a letter, not to exceed two pages, responding to the Department's request for an extension of the discovery stay. The Clerk of Court is respectfully directed to docket this Order at Nos. 13 Civ. 7789, 15 Civ. 9300, 17 Civ. 3139 and 18 Civ. 10364. (Signed by Judge Lorna G. Schofield on 3/26/19) (yv)
March 26, 2019 Opinion or Order Filing 1254 LETTER addressed to Judge Lorna G. Schofield from Herbert S. Washer dated March 22, 2019 re: in opposition to Plaintiffs' pre-motion letter dated March 15, 2019. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC.(Washer, Herbert)
March 25, 2019 Opinion or Order Filing 1253 ORDER: It is hereby ORDERED that Defendant's redaction requests are GRANTED. Defendant shall file the letter motion in redacted form on ECF and in unredacted form under seal. (As further set forth in this Order.) Filing the letter in redacted form is necessary to prevent the unauthorized dissemination of confidential business information. (Signed by Judge Lorna G. Schofield on 3/25/2019) (cf)
March 25, 2019 Opinion or Order Filing 1252 LETTER addressed to Judge Lorna G. Schofield from Katherine Calle dated March 25, 2019 re: Discovery Stay Extension. Document filed by U.S. Department of Justice.(Calle, Katherine)
March 22, 2019 Opinion or Order Filing 1251 STIPULATION AND ORDER REGARDING DEPOSITION PROTOCOL: IT IS HEREBY ORDERED as follows: This Deposition Protocol Order may be modified at any time by (1) order of the Court or (2) agreement of the Parties, subject to Court approval. All Parties reserve all rights to seek relief from the Court from any provision for good cause. This Deposition Protocol Order does not alter any rights or obligations arising from any settlements approved by the Court. The Court expects depositions to proceed in an efficient manner. The Parties shall cooperate so that, where practicable, fact depositions will be coordinated across all Actions. (As further set forth in this Order.) Other than counsel in the Actions, however, access to passages designated as "Confidential" or "Highly Confidential" shall be limited to those persons authorized under the protective orders entered in the Actions; no party shall unreasonably withhold authorization to additional relevant persons in the related Actions (e.g., experts). Upon the conclusion of any deposition of a witness associated with a party or parties, counsel for that party or parties shall have 30 days from the date a final transcript is delivered to review and submit an errata sheet with corrections to the transcript. The Clerk of Court is respectfully directed to docket this Order at Nos. 13 Civ. 7789, 17 Civ. 3139 and 18 Civ. 10364. (Signed by Judge Lorna G. Schofield on 3/22/2019) (cf)
March 22, 2019 Opinion or Order Filing 1250 ORDER: It is hereby ORDERED that Plaintiffs' redaction and seal requests are GRANTED with respect to the following Hague Convention requests: Richard Usher (letter dated February 21, 2019), Christopher Ashton (letter dated February 22, 2019), Ian Drysdale (letter dated February 25, 2019), Matthew Gardiner (letter dated February 25, 2019), Gordon Andrew (letter dated February 26, 2019) and Paul Nash (letter dated February 26, 2019). By March 29, 2019, Plaintiffs shall file the foregoing Hague Convention requests and supporting papers in redacted form and/or under seal as outlined in Plaintiffs' letters. (As further set forth in this Order.) It is further ORDERED that by March 29, 2019, Plaintiffs shall submit to Chambers a paper copy of the foregoing Hague Convention requests without any highlighting or redactions. Plaintiffs need not submit the supporting papers or exhibits. (Signed by Judge Lorna G. Schofield on 3/22/2019) (cf) Transmission to Sealed Records Clerk for processing.
March 21, 2019 Opinion or Order Filing 1249 LETTER addressed to Judge Lorna G. Schofield from David Januszewski dated March 21, 2019 re: withdrawing the February 27, 2019 request that the Court hold the Plaintiffs' Hague Requests in abeyance. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC.(Januszewski, David)
March 21, 2019 Opinion or Order Filing 1248 PROPOSED STIPULATION AND ORDER. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse International, Credit Suisse Securities (USA) LLC. (Januszewski, David)
March 21, 2019 Opinion or Order Filing 1247 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 3/21/19 re: status conference. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Hausfeld, Michael)
March 20, 2019 Opinion or Order Filing 1246 SEALED DOCUMENT placed in vault.(rz)
March 19, 2019 Opinion or Order Filing 1245 LETTER MOTION for Leave to File Sur-reply (Redacted) addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 3/15/2019. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
March 18, 2019 Opinion or Order Filing 1244 ORDER: It is hereby ORDERED that Plaintiffs' redaction requests are GRANTED. Plaintiffs shall file the letter motion in redacted form on ECF and in unredacted form under seal. (As further set forth in this Order.) Filing the letter motion in redacted form is necessary to prevent the unauthorized dissemination of confidential business information. (Signed by Judge Lorna G. Schofield on 3/18/2019) (cf)
March 18, 2019 Opinion or Order Filing 1243 MEMO ENDORSEMENT on re: (1241 in 1:13-cv-07789-LGS) Letter, filed by JPMorgan Chase & Co., JPMorgan Chase Bank National Association, (181 in 1:18-cv-10364-LGS) Letter, filed by J.P. Morgan Chase Bank, N.A., J.P. Morgan Securities LLC, J.P. Morgan Chase & Co., (237 in 1:17-cv-03139-LGS) Letter, filed by JPMorgan Chase & Co., JPMorgan Chase Bank, N.A. ENDORSEMENT: The Court interprets the parties' letter as a request for a ruling on the Allianz plaintiffs' proposed insertion. For substantially the reasons stated in the Allianz plaintiffs' section of this letter, it is ORDERED that the proposed insertion shall be included in the deposition protocol. By March 21, 2019, the parties shall file a clean version of the deposition protocol to be so ordered. The deposition protocol applicable to the Nypl parties will issue in a separate Order. The Clerk of Court is respectfully directed to docket this Order at Nos. 13 Civ. 7789, 17 Civ. 3139, and 18 Civ. 10364. (Signed by Judge Lorna G. Schofield on 3/18/2019) (cf)
March 18, 2019 Opinion or Order Filing 1242 LETTER addressed to Judge Lorna G. Schofield from Herbert S. Washer dated March 18, 2019 re: Plaintiffs' March 15, 2019 Letter. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC.(Washer, Herbert)
March 15, 2019 Opinion or Order Filing 1241 LETTER addressed to Judge Lorna G. Schofield from Boris Bershteyn dated March 15, 2019 re: Proposed Deposition Protocol Order. Document filed by JPMorgan Chase & Co., JPMorgan Chase Bank National Association. (Attachments: #1 Exhibit A - Proposed Deposition Protocol, #2 Exhibit B - Nypl Stipulation and Proposed Order)(Bershteyn, Boris)
March 15, 2019 Opinion or Order CASHIERS OFFICE REGISTRY DEPOSIT as per #1194 Order on Motion for Conference, dated 2/28/19, from Judge Lorna G. Schofield, received $1,328.00 from John J. Pentz, Esq. Receipt Number 465401231091 on 3/14/19. (vf)
March 14, 2019 Opinion or Order Filing 1240 MEMO ENDORSEMENT on re: (1239 in 1:13-cv-07789-LGS) Notice (Other), filed by Haverhill Retirement System. ENDORSEMENT: So ordered. (Attorney Jayne A. Peeters terminated.) (Signed by Judge Lorna G. Schofield on 3/14/2019) Filed In Associated Cases: 1:13-cv-07789-LGS et al.(rro)
March 13, 2019 Opinion or Order Filing 1239 NOTICE of of Withdrawal of Attorney Jayne A. Peeters re: #354 MOTION for Jayne A. Peeters to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11190540. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Haverhill Retirement System. (Steyer, Allan)
March 12, 2019 Opinion or Order Filing 1238 SEALED DOCUMENT placed in vault.(mhe)
March 12, 2019 Opinion or Order Filing 1237 MEMO ENDORSEMENT granting #1233 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. Attorney Rigel Caitlin Farr terminated. (Signed by Judge Lorna G. Schofield on 3/12/2019) (ne)
March 12, 2019 Opinion or Order Filing 1236 DECLARATION of David G. Januszewski in Support re: #1218 MOTION // Daubert Motion to Exclude Plaintiffs' Proposed Expert Opinions .. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit 1 - Chart Regarding Poynder Coding, #2 Exhibit 2 - Excerpts of U.S. v. Usher Trial Transcript (October 23, 2018), #3 Exhibit 3 - Under Seal, #4 Exhibit 4 - March 7, 2019 Reply Expert Report of Allan W. Kleidon, #5 Exhibit 5 - March 7, 2019 Reply Expert Report of Janusz A. Ordover, #6 Exhibit 6 - Under Seal, #7 Exhibit 7 - Under Seal, #8 Exhibit 8 - Excerpts of September 26, 2018 Deposition of Alexander Ljungqvist, #9 Exhibit 9 - Excerpts of October 3, 2018 Deposition of Robin Poynder, #10 Exhibit 10 - Excerpts of September 21, 2018 Deposition of Geir Hoidal Bjonnes)(Januszewski, David)
March 12, 2019 Opinion or Order Filing 1235 REPLY MEMORANDUM OF LAW in Support re: #1218 MOTION // Daubert Motion to Exclude Plaintiffs' Proposed Expert Opinions . . Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Januszewski, David)
March 12, 2019 Opinion or Order Filing 1234 REPLY MEMORANDUM OF LAW in Opposition re: #1197 MOTION to Certify Class . // Sur-Reply Memorandum of Law in Opposition to Plaintiffs' Motion for Class Certification. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Januszewski, David)
March 11, 2019 Opinion or Order Filing 1233 MOTION for Rigel Caitlin Farr to Withdraw as Attorney . Document filed by The City of Philadelphia, Board of Pensions and Retirement.(Farr, Rigel)
March 8, 2019 Opinion or Order Filing 1232 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld and Jason M. Hall dated 3/8/2019 re: Status report. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
March 8, 2019 Opinion or Order Filing 1231 ORDER: It is hereby ORDERED that Credit Suisse's redaction and seal requests, listed in Appendix A to the parties' March 7, 2019, letter, are GRANTED. Although "[t]he common law right of public access to judicial documents is firmly rooted in our nation's history," this right is not absolute, and courts "must balance competing considerations against" the presumption of access. Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 11920 (2d Cir. 2006) (internal quotation marks omitted); see also Nixon v. Warner Commc'ns., Inc., 435 U.S. 589, 599 (1978) ("[T]he decision as to access is one best left to the sound discretion of the trial court, a discretion to be exercised in light of the relevant facts and circumstances of the particular case."). Filing the above-referenced documents in redacted form or wholly under seal is necessary to prevent the unauthorized dissemination of confidential business information, trade secrets and other sensitive information. (Signed by Judge Lorna G. Schofield on 3/8/2019) (ks)
March 8, 2019 Opinion or Order Filing 1230 ORDER APPROVING AN INITIAL DISTRIBUTION OF THE SETTLEMENT FUND granting #1214 Motion for Disbursement of Funds. IT IS HEREBY ORDERED THAT: Unless otherwise defined herein, all capitalized terms have the meanings ascribed to them in the Stipulation and Agreement of Settlement with Bank of America Corporation, Bankof America, N.A., and Merrill Lynch, Pierce, Fenner & Smith Incorporated ("Bank of America Stipulation"); Stipulation and Agreement of Settlement with Barclays Bank PLC and Barclays Capital Inc. ("Barclays Stipulation"); Stipulation and Agreement of Settlement with BNP Paribas Group, BNP Paribas North America Inc., BNP Paribas Securities Corp., and BNP Prime Brokerage, Inc. ("BNP Paribas Stipulation"); Stipulation and Agreement of Settlement with Citigroup Inc., Citibank, N.A., Citicorp, and Citigroup Global Markets Inc. ("Citigroup Stipulation"); and as further set forth herein. The Court has jurisdiction over the subject matter of the Action and over all parties to the Action, including all Settlement Class Members. Plaintiffs' plan for the initial distribution of the Settlement Fund to Authorized Claimants is APPROVED; and as further set forth in this Order. This Court retains jurisdiction to consider any further applications concerning the administration of the Settlement, and such other further relief as this Court deems appropriate. IT IS SO ORDERED. (Signed by Judge Lorna G. Schofield on 3/8/2019) (anc)**Pursuant to instructions from Chambers, filed in Lead case only.
March 7, 2019 Opinion or Order Filing 1229 SEALED DOCUMENT placed in vault.(mhe)
March 7, 2019 Opinion or Order Filing 1228 MEMO ENDORSEMENT on re: #1227 Notice (Other) filed by The City of Philadelphia, Board of Pensions and Retirement. ENDORSEMENT: Counsel is advised that an attorney of record for a party may withdraw from a case only with leave of Court. See Local Rule 1.4. It is ORDERED that if counsel seeks to withdraw, he shall file a letter motion pursuant to Local Rule 1.4. (Signed by Judge Lorna G. Schofield on 3/7/2019) (jca)
March 6, 2019 Opinion or Order Filing 1227 NOTICE of Withdrawal of Appearance of Rigel C. Farr. Document filed by The City of Philadelphia, Board of Pensions and Retirement. (Farr, Rigel)
March 6, 2019 Opinion or Order Filing 1226 SEALED DOCUMENT placed in vault.(mhe)
March 5, 2019 Opinion or Order Filing 1225 MEMO ENDORSEMENT on re: (1224 in 1:13-cv-07789-LGS) Letter; (168 in 1:18-cv-10364-LGS) Letter; (230 in 1:17-cv-03139-LGS) Letter; (416 in 1:15-cv-09300-LGS) Letter. ENDORSEMENT: In light of the fact that Nypl Plaintiffs request additional time to negotiate the terms governing depositions in the Nypl action, it is ORDERED that by March 15, 2019, all parties shall file a single joint letter, not to exceed six pages, setting forth each side's position with respect to any remaining dispute. The Clerk of Court is respectfully directed to docket this Order at Nos. 13 Civ. 7789, 15 Civ. 9300, 17 Civ. 3139 and 18 Civ. 10364. (Signed by Judge Lorna G. Schofield on 3/5/2019) (jwh)
March 4, 2019 Opinion or Order Filing 1224 LETTER addressed to Judge Lorna G. Schofield from Boris Bershteyn dated March 4, 2019 re: #1147 Proposed Deposition Protocol Order. Document filed by JPMorgan Chase & Co., JPMorgan Chase Bank National Association. (Attachments: #1 Proposed Deposition Protocol Order)(Bershteyn, Boris)
March 4, 2019 Opinion or Order Filing 1223 MEMORANDUM OF LAW in Opposition re: #1218 MOTION // Daubert Motion to Exclude Plaintiffs' Proposed Expert Opinions . . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
March 4, 2019 Opinion or Order Filing 1222 DECLARATION of Miles Wiley in Support re: #1218 MOTION // Daubert Motion to Exclude Plaintiffs' Proposed Expert Opinions .. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit 1 - Expert Report of Allan W. Kleidon, Ph.D., #2 Exhibit 2 - Expert Report of Prof. Justin McCrary, #3 Exhibit 3 - Expert Report of Janusz A. Ordover, Ph.D., #4 Exhibit 4 - Expert Report of Keith Underwood, #5 Exhibit 5 - Expert Report of Keith Underwood - Amendments)(Januszewski, David)
March 4, 2019 Opinion or Order Filing 1221 DECLARATION of David G. Januszewski in Support re: #1218 MOTION // Daubert Motion to Exclude Plaintiffs' Proposed Expert Opinions .. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit 1 - Excerpt of September 27, 2018 Deposition Transcript of Robyn Poynder (Bank Chat Report), #2 Exhibit 2 - Under Seal, #3 Exhibit 3 - Under Seal, #4 Exhibit 4 - Under Seal, #5 Exhibit 5 - Under Seal, #6 Exhibit 6 - Under Seal, #7 Exhibit 7 - Under Seal, #8 Exhibit 8 - Under Seal, #9 Exhibit 9 - Under Seal, #10 Exhibit 10 - Under Seal, #11 Exhibit 11 - Under Seal, #12 Exhibit 12 - Under Seal, #13 Exhibit 13 - Under Seal, #14 Exhibit 14 - Under Seal, #15 Exhibit 15 - Under Seal, #16 Exhibit 16 - Under Seal, #17 Exhibit 17 - Under Seal, #18 Exhibit 18 - Under Seal, #19 Exhibit 19 - Under Seal, #20 Exhibit 20 - Under Seal, #21 Exhibit 21 - Under Seal, #22 Exhibit 22 - Under Seal, #23 Exhibit 23 - Under Seal, #24 Exhibit 24 - Under Seal, #25 Exhibit 25 -Under Seal, #26 Exhibit 26 - Under Seal, #27 Exhibit 27 - Under Seal, #28 Exhibit 28 - Excerpts of September 27, 2018 Transcript of Deposition of Dr. Hal Singer, #29 Exhibit 29 - Excerpts of Singer Deposition Exhibit 4, August 19, 2010 DOJ Horizontal Merger Guidelines, #30 Exhibit 30 - Excerpts of September 26, 2018 Transcript of Deposition of Prof. Alexander Ljungqvist, #31 Exhibit 31 - Excerpts of September 21, 2018 Transcript of Deposition of Prof. Geir Hoidal Bjonnes, #32 Exhibit 32 - Excerpt of October 20, 2017 Transcript of Deposition of Systrax Corporation, #33 Exhibit 33 - Under Seal, #34 Exhibit 34 - Under Seal)(Januszewski, David)
March 4, 2019 Opinion or Order Filing 1220 MEMORANDUM OF LAW in Support re: #1218 MOTION // Daubert Motion to Exclude Plaintiffs' Proposed Expert Opinions . . Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Januszewski, David)
March 4, 2019 Opinion or Order Filing 1219 PROPOSED ORDER. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. Related Document Number: #1218 . (Januszewski, David) Proposed Order to be reviewed by Clerk's Office staff.
March 4, 2019 Opinion or Order Filing 1218 MOTION // Daubert Motion to Exclude Plaintiffs' Proposed Expert Opinions . Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC.(Januszewski, David)
March 4, 2019 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney David George Januszewski to RE-FILE Document #1206 MOTION for Discovery // Credit Suisse Defendants' Daubert Motion to Exclude Plaintiffs' Proposed Expert Opinions. Use the event type Miscellaneous Relief found under the event list David George Januszewski. (db)
March 4, 2019 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #1219 Proposed Order, was reviewed and approved as to form. (dt)
March 4, 2019 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney David George Januszewski to RE-FILE Document #1210 Declaration in Support of Motion, #1207 Memorandum of Law in Support of Motion, #1208 Declaration in Support of Motion. ERROR(S): Document(s) linked to filing error. (db)
March 4, 2019 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Christopher M. Burke to RE-FILE Document #1212 Memorandum of Law in Opposition to Motion. ERROR(S): Document(s) linked to filing error. (db)
March 1, 2019 Opinion or Order Filing 1217 DECLARATION of Christopher M. Burke in Support re: #1197 MOTION to Certify Class .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit 1 - Redacted Ljungqvist depo excerpts, #2 Exhibit 2 - Redacted Kleidon depo excerpts, #3 Exhibit 3 - Redacted Poynder depo excerptspt, #4 Exhibit 4 - Redacted Underwood depo excerpts, #5 Exhibit 5 - McCrary depo excerpts, #6 Exhibit 6 Redacted Ordover depo excerpts, #7 Exhibit 7 and 8 Sealed Lawes and Williams excerpts, #8 Exhibit 9 Singer depo excerpts, #9 Exhibit 10 U.S. v. Usher trial transcript excerpts, #10 Exhibit 11 Standard Chartered consent order, #11 Exhibit 12 - Sealed Leighton depo excerpts, #12 Exhibit 13-14 Sealed chat excerpts and Poynder Reply Report, #13 Exhibit 15 - Redacted Singer Report, #14 Exhibit 16 Redacted BL Report)(Burke, Christopher)
March 1, 2019 Opinion or Order Filing 1216 DECLARATION of Shannon Casey in Support re: #1214 FIRST MOTION for Disbursement of Funds to Authorized Claimaints.. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Hausfeld, Michael)
March 1, 2019 Opinion or Order Filing 1215 MEMORANDUM OF LAW in Support re: #1214 FIRST MOTION for Disbursement of Funds to Authorized Claimaints. . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Hausfeld, Michael)
March 1, 2019 Opinion or Order Filing 1214 FIRST MOTION for Disbursement of Funds to Authorized Claimaints. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Text of Proposed Order)(Hausfeld, Michael)
March 1, 2019 Opinion or Order Filing 1213 REPLY MEMORANDUM OF LAW in Support re: #1197 MOTION to Certify Class . . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
March 1, 2019 Opinion or Order Filing 1212 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: #1206 MOTION for Discovery // Credit Suisse Defendants' Daubert Motion to Exclude Plaintiffs' Proposed Expert Opinions. . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher) Modified on 3/4/2019 (db).
March 1, 2019 Opinion or Order Filing 1211 CERTIFICATE OF SERVICE served on All Counsel of Record on October 25, 2018. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Januszewski, David)
March 1, 2019 Opinion or Order Filing 1210 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Miles Wiley in Support re: #1206 MOTION for Discovery // Credit Suisse Defendants' Daubert Motion to Exclude Plaintiffs' Proposed Expert Opinions.. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit 1- Expert Report of Allan W. Kleidon, Ph.D., #2 Exhibit 2 - Expert Report of Prof. Justin McCrary, #3 Exhibit 3 - Expert Report of Janusz A. Ordover, Ph.D., #4 Exhibit 4 - Expert Report of Keith Underwood, #5 Exhibit 5 - Expert Report of Keith Underwood - Amendments)(Januszewski, David) Modified on 3/4/2019 (db).
March 1, 2019 Opinion or Order Filing 1209 DECLARATION of Miles Wiley in Opposition re: #1197 MOTION to Certify Class .. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit 1- Expert Report of Allan W. Kleidon, Ph.D., #2 Exhibit 2 - Expert Report of Prof. Justin McCrary, #3 Exhibit 3 - Expert Report of Janusz A. Ordover, Ph.D., #4 Exhibit 4 - Expert Report of Keith Underwood, #5 Exhibit 5 - Expert Report of Keith Underwood - Amendments)(Januszewski, David)
March 1, 2019 Opinion or Order Filing 1208 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of David G. Januszewski in Support re: #1206 MOTION for Discovery // Credit Suisse Defendants' Daubert Motion to Exclude Plaintiffs' Proposed Expert Opinions.. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit 1 - Excerpt of September 27, 2018 Deposition Transcript of Robyn Poynder (Bank Chat Report), #2 Exhibit 2 - Under Seal, #3 Exhibit 3 - Under Seal, #4 Exhibit 4 - Under Seal, #5 Exhibit 5 - Under Seal, #6 Exhibit 6 - Under Seal, #7 Exhibit 7 - Under Seal, #8 Exhibit 8 - Under Seal, #9 Exhibit 9 - Under Seal, #10 Exhibit 10 - Under Seal, #11 Exhibit 11 - Under Seal, #12 Exhibit 12 - Under Seal, #13 Exhibit 13 - Under Seal, #14 Exhibit 14 - Under Seal, #15 Exhibit 15 - Under Seal, #16 Exhibit 16 - Under Seal, #17 Exhibit 17 - Under Seal, #18 Exhibit 18 - Under Seal, #19 Exhibit 19 - Under Seal, #20 Exhibit 20 - Under Seal, #21 Exhibit 21 - Under Seal, #22 Exhibit 22 - Under Seal, #23 Exhibit 23 - Under Seal, #24 Exhibit 24 - Under Seal, #25 Exhibit 25 -Under Seal, #26 Exhibit 26 - Under Seal, #27 Exhibit 27 - Under Seal, #28 Exhibit 28 - Excerpts of September 27, 2018 Transcript of Deposition of Dr. Hal Singer, #29 Exhibit 29 - Excerpts of Singer Deposition Exhibit 4, August 19, 2010 DOJ Horizontal Merger Guidelines, #30 Exhibit 30 - Excerpts of September 26, 2018 Transcript of Deposition of Prof. Alexander Ljungqvist, #31 Exhibit 31 - Excerpts of September 21, 2018 Transcript of Deposition of Prof. Geir Hidal Bjnnes, #32 Exhibit 32 - Excerpt of October 20, 2017 Transcript of Deposition of Systrax Corporation, #33 Exhibit 33 - Under Seal, #34 Exhibit 34 - Under Seal)(Januszewski, David) Modified on 3/4/2019 (db).
March 1, 2019 Opinion or Order Filing 1207 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #1206 MOTION for Discovery // Credit Suisse Defendants' Daubert Motion to Exclude Plaintiffs' Proposed Expert Opinions. . Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Januszewski, David) Modified on 3/4/2019 (db).
March 1, 2019 Opinion or Order Filing 1206 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Discovery // Credit Suisse Defendants' Daubert Motion to Exclude Plaintiffs' Proposed Expert Opinions. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Text of Proposed Order Granting Credit Suisse Defendants' Daubert Motion to Exclude Plaintiffs' Proposed Expert Opinions)(Januszewski, David) Modified on 3/4/2019 (db).
March 1, 2019 Opinion or Order Filing 1205 PROPOSED ORDER. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. Related Document Number: #1197 . (Januszewski, David) Proposed Order to be reviewed by Clerk's Office staff.
March 1, 2019 Opinion or Order Filing 1204 DECLARATION of Herbert S. Washer in Opposition re: #1197 MOTION to Certify Class .. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Attachments: #1 Exhibit 1 - Excerpts of September 27, 2018 Transcript of Deposition of Robyn Poynder (Bank Chat Report), #2 Exhibit 2 - Excerpts of Poynder Chat Deposition Exhibit 23, FX Global Code, #3 Exhibit 3 - Under Seal, #4 Exhibit 4 - Under Seal, #5 Exhibit 5 - Under Seal, #6 Exhibit 6 - Under Seal, #7 Exhibit 7 - Under Seal, #8 Exhibit 8 - Under Seal, #9 Exhibit 9 - Under Seal, #10 Exhibit 10 - Excerpts of September 21, 2018 Transcript of Deposition of Prof. Geir Hidal Bjnnes, #11 Exhibit 11 - Excerpts of January 24, 2018 Transcript of Deposition of Izee Trading Co. (Marc Eisenberg), #12 Exhibit 12 - Excerpts of December 4, 2017 Transcript of Deposition of Michael J. Smith, #13 Exhibit 13 - Excerpts of October 20, 2017 Transcript of Deposition of Systrax Corp. (Rafael Villegas Sancliment), #14 Exhibit 14 - Transcript of April 11, 2018 Class Certification Motions Pre-Motion Conference, #15 Exhibit 15 - Excerpts of September 27, 2018 Transcript of Deposition of Hal Singer, #16 Exhibit 16 - Excerpts of October 3, 2018 Transcript of Deposition of Robyn Poynder (Data Report), #17 Exhibit 17 - Under Seal, #18 Exhibit 18 - Under Seal, #19 Exhibit 19 - Excerpts of September 26, 2018 Transcript of Deposition of Alexander Ljungqvist, #20 Exhibit 20 - Excerpts of May 23, 2018 Final Fairness Hearing Transcript, #21 Exhibit 21 - Excerpts of May 20, 2015 Plea Agreement between Barclays PLC and the United States of America, #22 Exhibit 22 - Excerpts of January 25, 2018 Plea Agreement between BNP Paribas USA, Inc. and USA, #23 Exhibit 23 - Excerpts of November 11, 2014 Settlement between HSBC Bank plc and CFTC, #24 Exhibit 24 - Excerpts of November 11, 2014 Settlement between JPMorgan Chase Bank, N.A. and CFTC)(Januszewski, David)
March 1, 2019 Opinion or Order Filing 1203 MEMORANDUM OF LAW in Opposition re: #1197 MOTION to Certify Class . . Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Januszewski, David)
March 1, 2019 Opinion or Order Filing 1202 PROPOSED ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. Related Document Number: #1197 . (Burke, Christopher) Proposed Order to be reviewed by Clerk's Office staff.
March 1, 2019 Opinion or Order Filing 1201 DECLARATION of Christopher M. Burke in Support re: #1197 MOTION to Certify Class .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit 113 - depo excerpt, #2 Exhibit 114 - depo excerpt, #3 Exhibit 115 - depo excerpt, #4 Exhibit 116 - depo excerpt, #5 Exhibit 117 - depo excerpt, #6 Exhibit 118 - depo excerpt, #7 Exhibit 119 - depo excerpt, #8 Exhibit 120 - depo excerpt, #9 Exhibit 121 - depo excerpt, #10 Exhibit 122 - depo excerpt, #11 Exhibit 123 - redacted expert report, #12 Exhibit 124 -125 sealed expert reports, #13 Exhibit 126 - redacted expert report, #14 Exhibit 127 - redacted expert report)(Burke, Christopher)
March 1, 2019 Opinion or Order Filing 1200 DECLARATION of Christopher M. Burke in Support re: #1197 MOTION to Certify Class .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit 79 - Press release, #2 Exhibit 80-96 Sealed transcripts, #3 Exhibit 97 - depo excerpt, #4 Exhibit 98 - depo excerpt, #5 Exhibit 99 - depo excerpt, #6 Exhibit 100 - depo excerpt, #7 Exhibit 101 - depo excerpt, #8 Exhibit 102 - depo excerpt, #9 Exhibit 103 - depo excerpt, #10 Exhibit 104 - depo excerpt, #11 Exhibit 105 - depo excerpt, #12 Exhibit 106 - depo excerpt, #13 Exhibit 107 - depo excerpt, #14 Exhibit 108 - depo excerpt, #15 Exhibit 109 - depo excerpt, #16 Exhibit 110 - depo excerpt, #17 Exhibit 111 - depo excerpt)(Burke, Christopher)
March 1, 2019 Opinion or Order Filing 1199 DECLARATION of Christopher M. Burke in Support re: #1197 MOTION to Certify Class .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit 1 - BIS Bank Survey, #2 Exhibit 2 -3 -Sealed transcripts, #3 Exhibit 4 - Plea agreement excerpt, #4 Exhibit 5-7 Sealed transcripts, #5 Exhibit 8 FRBNY guidelines, #6 Exhibit 9-11 Sealed transcripts, #7 Exhibit 12 Federal Reserve notice, #8 Exhibit 13 - Sealed transcript, #9 Exhibit 14 - NYDFS Consent order excerpt, #10 Exhibit 15 - Employment judgment excerpt, #11 Exhibit 16 - Employment judgment excerpt, #12 Exhibit 17 - 61 - Sealed transcripts, #13 Exhibit 62 NYDFS Consent order excerpt, #14 Exhibit 63-74 Sealed transcripts, #15 Exhibit 75 -US v. Katz, #16 Exhibit 76 - Press release, #17 Exhibit 77 - Press release)(Burke, Christopher)
March 1, 2019 Opinion or Order Filing 1198 MEMORANDUM OF LAW in Support re: #1197 MOTION to Certify Class . . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
March 1, 2019 Opinion or Order Filing 1197 MOTION to Certify Class . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
March 1, 2019 Opinion or Order Filing 1196 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 3/1/2019 re: Continuing need for redactions. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
March 1, 2019 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #1202 Proposed Order was reviewed and approved as to form. (km)
March 1, 2019 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #1205 Proposed Order was reviewed and approved as to form. (km)
February 28, 2019 Opinion or Order Filing 1195 ORDER granting #1193 LETTER MOTION to Stay Motions for Issuance of Hague Convention Requests Pending the Parties' Submission of the Proposed Deposition Protocol. Application GRANTED. (Signed by Judge Lorna G. Schofield on 2/28/2019) (jca)
February 28, 2019 Opinion or Order Filing 1194 ORDER terminating #1152 Letter Motion for Conference. Although the Court finds that Objector is unlikely to prevail on appeal, it cannot conclude that the appeal lacks any legal or factual basis. Wolters Kluwer, 564 F.3d at 114. Moreover, the Court is unaware of any Circuit precedent supporting the contention that sanctions pursuant to a court's inherent authority may be included in a Rule 7 appeal bond, and the Court is mindful of the Second Circuit's admonishment that "it is improper for a district court to impose sanctions for appeals taken to [the Court of Appeals]." See Schoenberg, 971 F.2d at 935. For the reasons discussed above, it is ORDERED that by March 15, 2019, Objector shall post a bond in the amount of $1,328. The Clerk of Court is respectfully directed to close the motion at Docket No. 1152. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 2/28/2019) (cf) Transmission to Finance Unit (Cashiers) for processing.
February 27, 2019 Opinion or Order Filing 1193 LETTER MOTION to Stay Motions for Issuance of Hague Convention Requests Pending the Parties' Submission of the Proposed Deposition Protocol addressed to Judge Lorna G. Schofield from David Januszewski dated February 27, 2019. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC.(Januszewski, David)
February 27, 2019 Opinion or Order Filing 1192 ORDER: It is hereby ORDERED that the parties' redaction and seal requests, listed in Appendix A to the parties' February 14, 2019, letter, are GRANTED. Although "[t]he common law right of public access to judicial documents is firmly rooted in our nation's history," this right is not absolute, and courts "must balance competing considerations against" the presumption of access. Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 11920 (2d Cir. 2006) (internal quotation marks omitted); see also Nixon v. Warner Commc'ns., Inc., 435 U.S. 589, 599 (1978) ("[T]he decision as to access is one best left to the sound discretion of the trial court, a discretion to be exercised in light of the relevant facts and circumstances of the particular case."). Filing the above-referenced documents in redacted form or wholly under seal is necessary to prevent the unauthorized dissemination of confidential business information, trade secrets and other sensitive information. (Signed by Judge Lorna G. Schofield on 2/27/2019) (ks) Transmission to Sealed Records Clerk for processing.
February 26, 2019 Opinion or Order Filing 1191 RESPONSE in Opposition to Motion re: #1152 LETTER MOTION for Conference re Appeal Bond addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 1/9/2019. . Document filed by Keith Kornell. (Pentz, John)
February 25, 2019 Opinion or Order Filing 1190 ORDER granting #1166 Letter Motion to Compel; granting #1182 Letter Motion to Compel. It is hereby ORDERED that Plaintiffs' motion to compel the UBS Reports is GRANTED. UBS shall produce the UBS Reports to Plaintiffs by March 4, 2019. It is further ORDERED that UBS's redaction requests are DENIED. The Court construes UBS's February 22, 2019, letter as intending to assert that the proposed redactions concern non-public information. UBS states that the purpose of the redactions is to protect UBS's interest in maintaining the confidentiality of the employment arbitrations. These redactions are unnecessary because Plaintiffs have agreed that UBS can designate the UBS Reports as "confidential" or "highly confidential" under the Protective Order entered in this case (Dkt. No. 55). (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 2/25/2019) (cf)
February 22, 2019 Opinion or Order Filing 1189 LETTER addressed to Judge Lorna G. Schofield from Eric J. Stock dated February 22, 2019 re: UBS's basis for redacting two confidential arbitration reports and to correct a statement UBS made in its pre-motion response. Document filed by UBS AG, UBS Securities LLC.(Stock, Eric)
February 19, 2019 Opinion or Order Filing 1188 MEMORANDUM OF LAW in Support re: #1152 LETTER MOTION for Conference re Appeal Bond addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 1/9/2019. . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
February 19, 2019 Opinion or Order Filing 1187 ORDER granting #1186 Letter Motion for Extension of Time. Application GRANTED. The Clerk of Court is respectfully directed to docket this Order at Nos. 13 Civ. 7789, 15 Civ. 9300, 17 Civ. 3139 and 18 Civ. 10364. SO ORDERED. (Signed by Judge Lorna G. Schofield on 2/19/2019) (kv)
February 15, 2019 Opinion or Order Filing 1186 LETTER MOTION for Extension of Time to file a Proposed Deposition Protocol Order addressed to Judge Lorna G. Schofield from Boris Bershteyn dated February 15, 2019. Document filed by JPMorgan Chase & Co., JPMorgan Chase Bank National Association.(Bershteyn, Boris)
February 15, 2019 Opinion or Order Filing 1185 MEMO ENDORSEMENT on re: #1184 Response to Motion, filed by UBS Securities LLC, UBS AG. ENDORSEMENT: It is ORDERED that by February 22, 2019, UBS shall submit the two expert reports to the Chambers inbox for in camera review. UBS shall highlight any proposed redactions to the reports to protect confidential information about the employees and other personal information. It is further ORDERED that by February 22, 2019, UBS shall file a letter on ECF explaining its rationale for any proposed redactions. The letter shall not disclose any confidential information. (Signed by Judge Lorna G. Schofield on 2/15/2019) (cf)
February 14, 2019 Opinion or Order Filing 1184 LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Eric J. Stock dated February 14, 2019 re: #1166 LETTER MOTION to Compel UBS AG and UBS Securities LLC to produce addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 2/4/2019. . Document filed by UBS AG, UBS Securities LLC. (Stock, Eric)
February 14, 2019 Opinion or Order Filing 1183 NOTICE OF APPEARANCE by Eric Jonathan Stock on behalf of UBS AG, UBS Securities LLC. (Stock, Eric)
February 13, 2019 Opinion or Order Filing 1182 LETTER MOTION to Compel UBS AG and UBS Securities LLC to produce addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 2/4/2019. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
February 13, 2019 Opinion or Order Filing 1181 ORDER AUTHORIZING PAYMENTS FOR SETTLEMENT ADMINISTRATION EXPENSES FROM SETTLEMENT FUNDS: NOW, THEREFORE, IT IS HEREBY ORDERED: 1. All terms in initial capitalization used in this Order shall have the same meanings as set forth in the Settlement Agreements and the Preliminary Approval Orders, unless otherwise defined herein. 2. The Court authorizes Class Counsel to pay up to an additional $2,000,000 (for a total of $14,500,000) from the settlement funds for reasonable Settlement Administration Expenses. 3. Any such expenses in excess of $14,500,000 may be paid from the settlement funds only with the approval of the Court. IT IS SO ORDERED. (Signed by Judge Lorna G. Schofield on 2/13/2019) (jca)
February 13, 2019 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #1180 Proposed Order was reviewed and approved as to form. (km)
February 12, 2019 Opinion or Order Filing 1180 PROPOSED ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. Related Document Number: #1179 . (Burke, Christopher) Proposed Order to be reviewed by Clerk's Office staff.
February 12, 2019 Opinion or Order Filing 1179 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 2/12/2019 re: Claims administration expenses. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A)(Burke, Christopher)
February 12, 2019 Opinion or Order Filing 1178 ORDER: WHEREAS, on January 9, 2019, Plaintiffs filed a letter seeking an Order that would require Keith Kornell ("Objector") to post an appeal bond under Federal Rule of Appellate Procedure 7 (Dkt. No. 1152). It is hereby ORDERED that Plaintiffs shall file a memorandum of law in support of their application, not to exceed twelve pages, by February 19, 2019. Objector shall file an opposition memorandum of law, not to exceed twelve pages, by February 26, 2019. No reply shall be filed unless requested; as further set forth herein. ( Responses due by 2/26/2019) (Signed by Judge Lorna G. Schofield on 2/12/2019) (mro)
February 11, 2019 Opinion or Order Filing 1177 ORDER: It is hereby ORDERED that the request to file portions of the pre-motion letter under seal is DENIED without prejudice to renewal. It is further ORDERED that Plaintiffs shall refile their pre-motion letter by February 13, 2019, and as further set forth in this Order. (Signed by Judge Lorna G. Schofield on 2/11/2019) (jca)
February 11, 2019 Opinion or Order LETTERS ROGATORY ISSUED as to The Senior Master (Queen's Bench Division), Ryal Courts of Justice Strand in London WC2A 2LL, England, Reference, Deposition of Mr. Julian P. Munson, picked up on February 11, 2019 by Scott & Scott. (dt)
February 8, 2019 Opinion or Order Filing 1176 ORDER granting #1175 Letter Motion for Extension of Time. Application GRANTED. Credit Suisse shall file the Daubert reply and the class certification surreply by March 7, 2019. (Signed by Judge Lorna G. Schofield on 2/8/2019) (cf)
February 8, 2019 Opinion or Order Set/Reset Deadlines: Replies due by 3/7/2019. Surreplies due by 3/7/2019. (cf)
February 7, 2019 Opinion or Order Filing 1175 LETTER MOTION for Extension of Time to file a Reply to the Daubert Motion and to file a Sur-Reply in response to Plaintiffs' Class Certification Motion addressed to Judge Lorna G. Schofield from Herbert S. Washer dated February 7, 2019. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC.(Washer, Herbert)
February 7, 2019 Opinion or Order Filing 1174 ORDER GRANTING MOTION FOR ISSUANCE OF A HAGUE CONVENTION REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE TO TAKE TESTIMONY OVERSEAS #1171 Motion to Take Deposition. The Motion is GRANTED. The Request for International Judicial Assistance Pursuant to the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matter attached as Exhibit A to the Declaration of Christopher M. Burke, dated January 25, 2019 is hereby issued as the Court"s "Letter of Request" and is fully incorporated herein. This Order, the deposition of Mr. Julian P. Munson, or the terms of the Letter of Request (which are incorporated into this Order) shall not be construed or operate as a waiver of any argument, position, objection, allegation, or claim or defense of any party in the above-captioned action, or of the attorney-client privilege, the work product doctrine, or any other privileges, rights, protections, or prohibitions that may apply to that evidence under the laws of England, the United States, or the State of New York. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 2/7/2019) (cf)
February 6, 2019 Opinion or Order Filing 1173 DECLARATION of Christopher M. Burke in Support re: #1171 MOTION to Take Deposition from Julian Munson via Issuance of Hague Convention Request.. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A - Req for Judicial Assistance, #2 Exhibit 1 - Stipulation and Order of Confidentiality, #3 Exhibit 2 - Redacted TAC, #4 Exhibit 3 - 1/28/15 Opinion and Order, #5 Exhibit 4 - 9/20/16 Opinion and Order, #6 Exhibit 5 - 11/5/18 DOJ letter, #7 Exhibit 6 - 11/8/18 Memo endorsement, #8 Exhibit B - Z - filed under seal)(Burke, Christopher)
February 6, 2019 Opinion or Order Filing 1172 MEMORANDUM OF LAW in Support re: #1171 MOTION to Take Deposition from Julian Munson via Issuance of Hague Convention Request. (Redacted). Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
February 6, 2019 Opinion or Order Filing 1171 MOTION to Take Deposition from Julian Munson via Issuance of Hague Convention Request. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Text of Proposed Order)(Burke, Christopher)
February 6, 2019 Opinion or Order Filing 1170 SEALED DOCUMENT placed in vault.(rz)
February 6, 2019 Opinion or Order Filing 1169 NOTICE of Withdrawal of Attorney Sarah Khorasanee McGrath. Document filed by Fresno County Employees Retirement Association. (Seaver, Todd)
February 6, 2019 Opinion or Order Filing 1168 ORDER re: #1166 LETTER MOTION to Compel UBS AG and UBS Securities LLC to produce addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 2/4/2019. filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, et. al. It is hereby ORDERED that Plaintiffs shall file their redaction/seal request, in accordance with Individual Rule I.C.3, by February 11, 2019. It is further ORDERED that UBS shall file a letter responding to Plaintiffs' pre-motion letter by February 14, 2019. Given that Plaintiffs' pre-motion letter is currently under seal, Plaintiffs shall serve their letter on UBS by February 7, 2019, if they have not done so already. SO ORDERED. (Signed by Judge Lorna G. Schofield on 2/6/2019) (kv)
February 4, 2019 Opinion or Order Filing 1166 LETTER MOTION to Compel UBS AG and UBS Securities LLC to produce addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 2/4/2019. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
February 1, 2019 Opinion or Order Filing 1165 ORDER: It is hereby ORDERED that if the parties have redaction and/or seal requests that differ from the requests set forth in the January 31 letter, the parties shall revise their letter and submit it to Chambers pursuant to Individual Rule I.C.3 by February 14, 2019. If a revised letter is not received by that date, the Court will rule on the January 31 letter. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 2/1/2019) (cf)
February 1, 2019 Opinion or Order Filing 1164 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 2/1/19 re: Response to Court's 1/28/19 Order. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
February 1, 2019 Opinion or Order Filing 1163 ORDER granting #1159 Motion for Yifan "Kate" Lv to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
January 28, 2019 Opinion or Order Filing 1167 ORDER: It is hereby ORDERED that Plaintiffs' redaction requests are GRANTED. By February 4, 2019, Plaintiffs shall file their Request for International Judicial Assistance, Memorandum of Law and the Burke Declaration in redacted form on ECF and in unredacted form under seal. Plaintiffs may file Exhibits B through Z to the Burke Declaration wholly under seal. (As further set forth in this Order.) Filing the above-referenced documents in redacted form is necessary to prevent the unauthorized dissemination of confidential business information. (Signed by Judge Lorna G. Schofield on 1/28/2019) (cf)
January 28, 2019 Opinion or Order Filing 1162 ORDER with respect to #1152 Letter Motion for Conference. It is hereby ORDERED that by February 1, 2019, Plaintiffs shall file a letter on ECF explaining how this figure was determined and what it comprises. (Signed by Judge Lorna G. Schofield on 1/28/19) (yv)
January 22, 2019 Opinion or Order Filing 1161 ORDER granting #1151 Letter Motion for Conference. It is hereby ORDERED that Plaintiffs' application for Rule 54(b) certification is GRANTED. Federal Rule of Civil Procedure 54(b) "authorizes a district court to enter partial final judgment when three requirements have been satisfied: (1) there are multiple claims or parties, (2) at least one claim or the rights and liabilities of at least one party ha[ve] been finally determined, and (3) the court makes an express determination that there is no just reason for delay of entry of final judgment as to fewer than all of the claims or parties involved in the action." Linde v. Arab Bank, PLC, 882 F.3d 314, 32223 (quoting Acumen Re Mgmt. Corp. v. Gen. Sec. Nat'l Ins. Co., 769 F.3d 135, 140 (2d Cir. 2014)) (internal quotation marks and alterations omitted). "[I]n deciding whether there are no just reasons to delay the appeal of individual final judgments...a district court must take into account judicial administrative interests as well as the equities involved." Novick v. AXA Network, LLC, 642 F.3d 304, 310 (2d Cir. 2011) (quoting Curtiss-Wright Corp. v. General Elec. Co., 446 U.S. 1, 8 (1980)). In light of the historical federal policy against piecemeal appeals, a district court "generally should not grant a Rule 54(b) certification 'if the same or closely related issues remain to be litigated.'" Novick, 642 F.3d at 304 (quoting Harriscom Svenska AB v. Harris Corp., 947 F.2d 627, 629 (2d Cir. 1991)). The requirements of Rule 54(b) are met here. First, this action involves multiple claims and multiple parties. Second, the claims against fifteen of the sixteen Defendants were dismissed with prejudice upon final approval of the parties' settlements. Third, there are no just reasons for delay. The Fee Order pertains to issues that are separable and distinct from the remaining claims in this action. The remaining Defendant, Credit Suisse, has no interest in the attorneys' fees issue and has not objected to Rule 54(b) certification of the Fee Order. Delaying appeal would also increase settlement administration costs. The Clerk of Court is respectfully directed to close the motion at Docket No. 1151. (Signed by Judge Lorna G. Schofield on 1/22/2019) (mro)
January 18, 2019 Opinion or Order Filing 1160 LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from John J Pentz dated 1/18/19 re: #1152 LETTER MOTION for Conference re Appeal Bond addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 1/9/2019. . Document filed by Keith Kornell. (Attachments: #1 Exhibit Claim Email, #2 Affidavit Kornell Aff, #3 Exhibit Settlement Distrib Letter)(Pentz, John)
January 14, 2019 Opinion or Order Filing 1159 MOTION for Yifan "Kate" Lv to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System. (Attachments: #1 Exhibit A - Certificates of Good Standing, #2 Affidavit, #3 Text of Proposed Order)(Lv, Kate)
January 14, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #1159 MOTION for Yifan "Kate" Lv 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. (ma)
January 11, 2019 Opinion or Order Filing 1158 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 1/11/2019 re: Status Letter. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
January 11, 2019 Opinion or Order Filing 1157 MEMO ENDORSEMENT on re: (399 in 1:15-cv-09300-LGS) Letter filed by John Nypl. ENDORSEMENT: Application DENIED without prejudice to renewal. The Court's December 20, 2018 Order (Dkt. No. 393) directed the parties to meet and confer and to propose a deposition protocol order. Plaintiffs objections are premature; they may object to the proposed deposition protocol after it has been filed. To the extent that the Nypl Plaintiffs have not been invited to meet and confer with the other parties, the parties are directed to include the Nypl Plaintiffs in such discussions. The Clerk of Court is respectfully directed to docket this Order at 13 Civ. 7789, 15 Civ. 9300, 17 Civ. 3139 and 18 Civ. 10364. (Signed by Judge Lorna G. Schofield on 1/11/2019) (cf)
January 10, 2019 Opinion or Order Filing 1156 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER. Document filed by Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System. Related Document Number: #1155 . (Jones, Russell) Proposed Order to be reviewed by Clerk's Office staff. Modified on 1/10/2019 (jc).
January 10, 2019 Opinion or Order Filing 1155 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Yifan "Kate" Lv to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16171278. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System. (Attachments: #1 Exhibit A - Certificates of Good Standing, #2 Affidavit)(Jones, Russell) Modified on 1/10/2019 (jc).
January 10, 2019 Opinion or Order Filing 1154 MEMO ENDORSEMENT on re: #1151 LETTER MOTION for Conference re Rule 54(b) certification addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 1/9/2019. filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, Casey Sterk, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller. ENDORSEMENT: It is ORDERED that any party objecting to Rule 54(b) certification of the November 8, 2018, Opinion and Order awarding attorneys' fees (Dkt. No. 1140) shall file a letter response on ECF no later than January 18, 2019. (Signed by Judge Lorna G. Schofield on 1/10/2019) (cf)
January 10, 2019 Opinion or Order Filing 1153 MEMO ENDORSEMENT on re: #1152 LETTER MOTION for Conference re Appeal Bond addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 1/9/2019. filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, Casey Sterk, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller. ENDORSEMENT: It is ORDERED that by January 18, 2019, Keith Kornell shall file a letter response on ECF. The Court will endeavor to decide the issue based on the letter submissions. (Responses due by 1/18/2019) (Signed by Judge Lorna G. Schofield on 1/10/2019) (cf)
January 10, 2019 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #1156 Proposed Order, #1155 MOTION for Yifan "Kate" Lv to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16171278. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): 1) attorney cannot electronically sign documents if another attorney's filing credentials are being used - original signature needed OR attorney seeking admission needs to apply for their own e-filing access to SDNY; and 2) Proposed Order needs to be an attachment to the motion. Re-file the motion as a 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 Attorney Affidavit/Declaration - attach Proposed Order. (jc)
January 9, 2019 Opinion or Order Filing 1152 LETTER MOTION for Conference re Appeal Bond addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 1/9/2019. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
January 9, 2019 Opinion or Order Filing 1151 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference re Rule 54(b) certification addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 1/9/2019. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher) Modified on 1/31/2019 (db).
January 9, 2019 Opinion or Order Filing 1150 ORDER: It is hereby ORDERED that Plaintiffs' redaction requests are DENIED without prejudice to renewal. Individual Rule I.C.3 provides that "[r]easons must be provided for each document to be filed in redacted form or wholly under seal." Plaintiffs' letter states that the documents contain information that has been designated as "Confidential" under the Protective Order. This reason does not overcome the common law presumption of access to judicial documents. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119 (2d Cir. 2006). Moreover, Plaintiffs sought to file certain documents wholly under seal, but failed to attach those documents to their letter. See Individual I.C.3. (Signed by Judge Lorna G. Schofield on 1/9/2019) (jca)
January 2, 2019 Opinion or Order Filing 1149 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 1/2/2019 re: Continuing need for redactions. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
December 20, 2018 Opinion or Order Filing 1148 MEMO ENDORSEMENT on re: (391 in 1:15-cv-09300-LGS) Letter filed by John Nypl. ENDORSEMENT: For substantially the reasons stated in the Department's letter (Dkt. No. 388), the Department's application is GRANTED. The testamentary discovery stay is extended to March 25, 2019. The Department may apply for an extension at that time if the stay continues to be necessary. Plaintiffs' request that the Court order Defendants to produce the signatories of the Plea Agreements is premature and DENIED without prejudice to renewal. The Clerk of Court is respectfully directed to docket this Order in Case Nos. 13 Civ. 7789 and 15 Civ. 9300. (Signed by Judge Lorna G. Schofield on 12/20/2018) (jca)
December 20, 2018 Opinion or Order Filing 1147 ORDER: IT IS HEREBY ORDERED that: 1. Counsel for the Parties in the Actions shall meet and confer in good faith and propose to the Court within 60 days of this Order, a proposed order ("Proposed Deposition Protocol Order"), including any disputes, that would facilitate the scheduling of depositions in the Actions, so as to, among other things, (i) ensure the opportunity for all parties in the Actions to participate in any noticed deposition; and (ii) minimize the likelihood that any individual (other than experts) and Rule 30(b)(6) designees will be deposed multiple times in the Actions. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 12/20/2018) (cf)
December 20, 2018 Opinion or Order Filing 1146 LETTER addressed to Judge Lorna G. Schofield from Matthew A. Schwartz dated December 20, 2018 re: Defendants' (Proposed) Order Regarding Deposition Coordination. Document filed by Barclays Bank PLC, Barclays Capital Inc.. (Attachments: #1 Text of Proposed Order)(Schwartz, Matthew)
December 14, 2018 Opinion or Order Filing 1145 MEMO ENDORSEMENT on re: (1144 in 1:13-cv-07789-LGS) Letter filed by U.S. Department of Justice, (388 in 1:15-cv-09300-LGS) Letter filed by Department of Justice (DOJ). ENDORSEMENT: It is ORDERED that if Plaintiffs oppose the Department's request they shall file a response letter, not to exceed three pages, by December 19, 2018. (Signed by Judge Lorna G. Schofield on 12/14/2018) (cf)
December 13, 2018 Opinion or Order Filing 1144 LETTER addressed to Judge Lorna G. Schofield from Katherine Calle dated December 13, 2018 re: Discovery Stay Extension. Document filed by U.S. Department of Justice.(Calle, Katherine)
December 7, 2018 Opinion or Order Filing 1143 NOTICE OF APPEAL from #1140 Memorandum & Opinion,,,. Document filed by Keith Kornell. Filing fee $ 505.00, receipt number ANYSDC-16019043. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Pentz, John)
December 7, 2018 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #1143 Notice of Appeal. (tp)
December 7, 2018 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #1143 Notice of Appeal filed by Keith Kornell were transmitted to the U.S. Court of Appeals. (tp)
November 20, 2018 Opinion or Order Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (bcu)
November 9, 2018 Opinion or Order Filing 1142 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld and Jason Hall dated 11/9/2018 re: Status update. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
November 8, 2018 Opinion or Order Filing 1141 MEMO ENDORSEMENT on re: (361 in 1:15-cv-09300-LGS) Letter filed by John Nypl, Motions terminated: (356 in 1:15-cv-09300-LGS) LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Lorna G. Schofield from Joseph M. Alioto dated October 26, 2018. filed by John Nypl. ENDORSEMENT: Application DENIED, for substantially the reasons stated in the Department's letter dated November 5, 2018. The stay is narrowed as outlined in the Department's letter. The Clerk of Court is respectfully directed to close the motion at Docket No. 356, and to docket this Order in Case Nos. 13 Civ. 7789 and 15 Civ. 9300. (Signed by Judge Lorna G. Schofield on 11/8/2018) (jca)
November 8, 2018 Opinion or Order Filing 1140 OPINION AND ORDER: For the foregoing reasons, Class Counsel is awarded attorneys' fees of $300,335,750, which equates to 13% of the settlement fund. Class Counsels request for interest is denied. Unless the Court orders otherwise upon application of Class Counsel, the payment of attorneys' fees shall take place as follows: half of $300,335,750 shall be payable upon the initial distribution to confirmed claimants who fall within the de minimis and automatic payment categories, as well as certain pro rata Option 1 claimants, as described in Class Counsels letter to the Court dated August 14, 2018 (Dkt. 1114). The other half of the $300,335,750 shall be payable upon the substantial distribution of the settlement fund to the remaining claimants, as described in the same letter. So Ordered (Signed by Judge Lorna G. Schofield on 11/8/2018) (js)
November 6, 2018 Opinion or Order Filing 1139 NOTICE OF CHANGE OF ADDRESS by Solomon B. Cera on behalf of Aureus Currency Fund, L.P.. New Address: Cera LLP, 595 Market Street, Suite 1350, San Francisco, California, USA 94105, (415) 777-2230. (Cera, Solomon)
November 5, 2018 Opinion or Order Filing 1138 LETTER addressed to Judge Lorna G. Schofield from Benjamin Sirota dated November 5, 2018 re: Discovery Stay. Document filed by U.S. Department of Justice.(Sirota, Benjamin)
November 2, 2018 Opinion or Order Filing 1137 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 11/2/2018 re: Response to Court's 10/30 Order. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
November 1, 2018 Opinion or Order Filing 1136 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 11/1/2018 re: Continuing need for redactions. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
November 1, 2018 Opinion or Order Filing 1135 ORDER granting #1134 Letter Motion for Extension of Time to Complete Discovery. ORDERED that the deadline for Plaintiffs to take the deposition of Andre Katz in Paragraph 13 of the Letter of Request is amended, nunc pro tunc, from July 1, 2018, to March 9, 2019. The Clerk of Court is respectfully directed to close the motion at Docket No. 1134. (Deposition due by 3/9/2019.) (Signed by Judge Lorna G. Schofield on 11/1/2018) (rro) Modified on 11/2/2018 (rro).
October 31, 2018 Opinion or Order Filing 1134 LETTER MOTION for Extension of Time to Complete Discovery to Amend Nunc Pro Tunc Letter of Request Issued April 26, 2018 addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 10/31/2018. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Hausfeld, Michael)
October 30, 2018 Opinion or Order Filing 1133 ORDER: WHEREAS, on January 12, 2018, Class Counsel filed a motion seeking attorneys fees pursuant to Federal Rule of Civil Procedure 23(h). It is herebyORDERED that by November 2, 2018, Class Counsel will file a letter on ECF stating: (1) Whether any portion of the fee award will be used to pay fees other than for legal work performed on behalf of the Class (for example, referral fees), and, if so, what the fees are for and in what amount; and (2) Whether any portion of the fee award will be used to pay any individual or entity not listed in Exhibit 2 to Class Counsels supplemental briefing (Dkt. No. 1087),and, if so, what the fees are for and in what amount. (Signed by Judge Lorna G. Schofield on 10/30/2018) (jcs)
October 24, 2018 Opinion or Order Filing 1132 MEMO ENDORSEMENT on re: #1129 Letter, filed by Credit Suisse AG, Credit Suisse Securities (USA) LLC, Credit Suisse Group AG. ENDORSEMENT: Application GRANTED in part. Any party may file any expert report in its entirety. Any such exhibit shall be omitted from the paper courtesy copy provided to the Court and shall be included on a bookmarked CD delivered with the courtesy copy. For all other exhibits, the parties may exceed the limit on number of exhibits and pages, provided that the total number of pages for exhibits does not exceed 225 pages. Any lengthy documents must be excerpted in relevant part, and the entire document must be submitted on the bookmarked CD. (Signed by Judge Lorna G. Schofield on 10/24/2018) (cf)
October 22, 2018 Opinion or Order Filing 1130 ORDER granting #1128 Motion to Withdraw as Attorney. Attorney Richard Michael Lindsey terminated. SO ORDERED. (Signed by Judge Lorna G. Schofield on 10/22/2018) (jca)
October 21, 2018 Opinion or Order Filing 1129 LETTER addressed to Judge Lorna G. Schofield from David G. Januszewski dated October 21, 2018 re: Submission in response to the Court's October 19, 2018 Order. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC.(Januszewski, David)
October 19, 2018 Opinion or Order Filing 1128 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Richard Michael Lindsey to Withdraw as Attorney . Document filed by John Burnside, Steve Leaven, Neil Taylor.(Morris, Patrick) Modified on 11/19/2018 (ldi).
October 19, 2018 Opinion or Order Filing 1127 ORDER granting in part and denying in part #1125 Letter Motion for Leave to File Excess Pages. Application GRANTED in part. The parties' consolidated briefs regarding Defendants' Daubert motion may exceed the page limits as specified above. The parties' request with respect to exhibits is DENIED without prejudice. If the parties wish to renew their application, they shall specify how many exhibits and how many pages in total they wish to file and why they are necessary. (Signed by Judge Lorna G. Schofield on 10/19/2018) (jca)
October 18, 2018 Opinion or Order Filing 1125 LETTER MOTION for Leave to File Excess Pages addressed to Judge Lorna G. Schofield from David G. Januszewski dated October 18, 2018. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC.(Januszewski, David)
October 17, 2018 Opinion or Order Filing 1126 ORDER AUTHORIZING PAYMENTS FOR SETTLEMENT ADMINISTRATION EXPENSES FROM SETTLEMENT FUNDS: NOW, THEREFORE, IT IS HEREBY ORDERED: 1. All terms in initial capitalization used in this Order shall have the same meanings as set forth in the Settlement Agreements and the Preliminary Approval Orders, unless otherwise defined herein. 2. The Court authorizes Class Counsel to pay up to an additional $3,000,000 (for a total of $12,500,000) from the settlement funds for reasonable Settlement Administration Expenses. 3. Any such expenses in excess of this $12,500,000 may be paid from the settlement funds only with the approval of the Court. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 10/17/2018) (cf)
October 16, 2018 Opinion or Order Filing 1124 PROPOSED ORDER. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. Related Document Number: #1123 . (Burke, Christopher) Proposed Order to be reviewed by Clerk's Office staff.
October 16, 2018 Opinion or Order Filing 1123 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 10/16/2018 re: Update of settlement expenses and request to make additional disbursements. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A)(Burke, Christopher)
October 16, 2018 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #1124 Proposed Order, was reviewed and approved as to form. (ad)
October 15, 2018 Opinion or Order ***DELETED DOCUMENT. Deleted document number #1123 Letter. The document was incorrectly filed in this case. (sc)
September 25, 2018 Opinion or Order Filing 1121 MEMO ENDORSEMENT on re: (354 in 1:15-cv-09300-LGS) Letter filed by John Nypl. ENDORSEMENT: The discovery stay is extended to December 13, 2018. The DOJ may apply for an extension at that time if the stay continues to be necessary. The Clerk of Court is directed to docket this Order in Case Nos. 13 Civ. 7789 and 15 Civ. 9300. (Signed by Judge Lorna G. Schofield on 9/25/2018) (cf)
September 24, 2018 Opinion or Order Filing 1120 NOTICE OF CHANGE OF ADDRESS by Gerald Lawrence on behalf of United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund. New Address: Lowey Dannenberg, P.C., One Tower Bridge, 100 Front Street, Suite 520, West Conshohocken, PA, United States 19428, 215-399-4770. (Lawrence, Gerald)
September 18, 2018 Opinion or Order Filing 1119 MEMO ENDORSEMENT on re: (352 in 1:15-cv-09300-LGS) Letter filed by Department of Justice (DOJ), (1118 in 1:13-cv-07789-LGS) Letter filed by U.S. Department of Justice. ENDORSEMENT: Nypl Plaintiffs shall file a letter in opposition not to exceed two pages by September 25, 2018. (Signed by Judge Lorna G. Schofield on 9/18/2018) (ne)
September 17, 2018 Opinion or Order Filing 1118 LETTER addressed to Judge Lorna G. Schofield from Benjamin Sirota dated September 17, 2018 re: Discovery Stay Extension. Document filed by U.S. Department of Justice.(Sirota, Benjamin)
September 14, 2018 Opinion or Order Filing 1117 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 9/14/2018 re: Joint Status Letter. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
August 24, 2018 Opinion or Order Filing 1116 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 8/24/2018 re: Continuing need for redactions. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
August 16, 2018 Opinion or Order Filing 1115 ORDER AWARDING REIMBURSEMENT OF LITIGATION EXPENSES: The Court hereby awards $22,490,654.29 in reimbursement of litigation expenses, which expenses shall be paid from the Settlement Fund pursuant to the terms of the Settlement Agreements. A separate order will be issued regarding Class Counsel's application for attorneys' fees. That order shall in no way disturb or affect this Order and shall not affect or delay the Effective Date of the Settlement. (As further set forth herein.) (Signed by Judge Lorna G. Schofield on 8/16/2018) (kgo)
August 14, 2018 Opinion or Order Filing 1114 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 8/14/2018 re: Settlement distribution. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
August 9, 2018 Opinion or Order Filing 1113 ORDER granting #1111 Letter Motion for Extension of Time to Complete Discovery. APPLICATION GRANTED. No further extensions absent extraordinary circumstances. Deposition due by 1/17/2019. (Signed by Judge Lorna G. Schofield on 8/9/2018) (kgo)
August 9, 2018 Opinion or Order Set/Reset Deadlines: Responses due by 1/31/2019 Replies due by 1/31/2019. (kgo)
August 8, 2018 Opinion or Order Filing 1112 ORDER: It is hereby ORDERED that Class Counsel and Settling Defendants file a joint letter with the Court by August 14, 2018, outlining a proposed schedule for distributing the settlement funds. (Signed by Judge Lorna G. Schofield on 8/8/2018) (kgo)
August 8, 2018 Opinion or Order Filing 1111 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Lorna G. Schofield from David G. Januszewski and Interim Co-Lead Counsel dated August 8th, 2018. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC.(Januszewski, David)
August 6, 2018 Opinion or Order Filing 1110 FINAL APPROVAL ORDER OF SETTLEMENT AND FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE AS TO SOCIETE GENERALE: WHEREAS the Stipulation and Agreement of Settlement with Societe Generale (the "Settlement Agreement") provides for, among other things, a complete dismissal with prejudice of the claims asserted against Societe Generale ("SG") in the Action on the terms and conditions set forth in the Settlement Agreements, subject to the approval of this Court...the Court hereby affirms its determinations in the Preliminary Approval Order and certifies, for the purposes of settlement only, the following Settlement Classes, as further set forth in this order. The Court finds that the requirements of Rule 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure are satisfied solely for settlement purposes as further set forth in this order. Pursuant to Rule 23(e) of the Federal Rules of Civil Procedure, the Court hereby grants final approval of the Settlement Agreement in all respects (including, without limitation: the Settlement Fund amount; the Releases; and the dismissal with prejudice of the claims asserted against UBS in the Action), and finds that the Settlement Agreement is, in all respects, fair, reasonable, and adequate to the Settlement Classes. In reaching this conclusion, the Court considered the factors set forth in City of Detroit v. Grinnell Corp., 495 F.2d 448, 463 (2d Cir. 1974), abrogated on other grounds by Goldberger v. Integrated Res., Inc., 209 F.3d 43 (2d Cir. 2000). Except as to any claim of those Persons (identified in Exhibit A) who have validly and timely requested exclusion from the Settlement Classes ("Opt-Outs"), the Action and all claims contained therein, as well as all of the Released Claims against any of the Released Parties by Class Plaintiffs, Settlement Class Members, and Releasing Parties are each hereby dismissed with prejudice. The Parties are to bear their own costs, except as otherwise provided in the Settlement Agreement. There is no just reason for delay in the entry of this Final Order and Judgment, and immediate entry by the Clerk of the Court is expressly directed. IT IS SO ORDERED. (Societe Generale S.A. terminated.) (Signed by Judge Lorna G. Schofield on 8/6/2018) ***Pursuant to instructions from Chambers, not to be spread. (anc) Modified on 10/26/2018 (anc).
August 6, 2018 Opinion or Order Filing 1109 FINAL APPROVAL ORDER OF SETTLEMENT AND FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE AS TO THE ROYAL BANK OF SCOTLAND GROUP PLC, THE ROYAL BANK OF SCOTLAND PLC, AND RBS SECURITIES INC.: WHEREAS the Stipulation and Agreement of Settlement with The Royal Bank of Scotland Group PLC, The Royal Bank of Scotland PLC, and RBS Securities Inc. (the "Settlement Agreement") provides for, among other things, a complete dismissal with prejudice of the claims asserted against The Royal Bank of Scotland Group PLC, The Royal Bank of Scotland PLC, and RBS Securities Inc. ("RBS") in the Action on the terms and conditions set forth in the Settlement Agreements, subject to the approval of this Court... the Court hereby affirms its determinations in the Preliminary Approval Order and certifies, for the purposes of settlement only, the following Settlement Classes, as further set forth in this order. The Court finds that the requirements of Rule 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure are satisfied solely for settlement purposes as further set forth in this order. Pursuant to Rule 23(e) of the Federal Rules of Civil Procedure, the Court hereby grants final approval of the Settlement Agreement in all respects (including, without limitation: the Settlement Fund amount; the Releases; and the dismissal with prejudice of the claims asserted against UBS in the Action), and finds that the Settlement Agreement is, in all respects, fair, reasonable, and adequate to the Settlement Classes. In reaching this conclusion, the Court considered the factors set forth in City of Detroit v. Grinnell Corp., 495 F.2d 448, 463 (2d Cir. 1974), abrogated on other grounds by Goldberger v. Integrated Res., Inc., 209 F.3d 43 (2d Cir. 2000). Except as to any claim of those Persons (identified in Exhibit A) who have validly and timely requested exclusion from the Settlement Classes ("Opt-Outs"), the Action and all claims contained therein, as well as all of the Released Claims against any of the Released Parties by Class Plaintiffs, Settlement Class Members, and Releasing Parties are each hereby dismissed with prejudice. The Parties are to bear their own costs, except as otherwise provided in the Settlement Agreement. There is no just reason for delay in the entry of this Final Order and Judgment, and immediate entry by the Clerk of the Court is expressly directed. The Royal Bank of Scotland Group PLC, The Royal Bank of Scotland PLC, RBS Securities, Inc. and Royal Bank of Scotland Group, PLC terminated. (Signed by Judge Lorna G. Schofield on 8/6/2018) (tn)
August 6, 2018 Opinion or Order Filing 1108 FINAL APPROVAL ORDER OF SETTLEMENT AND FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE AS TO RBC CAPITAL MARKETS, LLC: WHEREAS the Stipulation and Agreement of Settlement with RBC Capital Markets, LLC (the "Settlement Agreement") provides for, among other things, a complete dismissal with prejudice of the claims asserted against RBC Capital Markets, LLC ("RBC") in the Action on the terms and conditions set forth in the Settlement Agreements, subject to the approval of this Court...the Court hereby affirms its determinations in the Preliminary Approval Order and certifies, for the purposes of settlement only, the following Settlement Classes, as further set forth in this order. The Court finds that the requirements of Rule 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure are satisfied solely for settlement purposes as further set forth in this order. Pursuant to Rule 23(e) of the Federal Rules of Civil Procedure, the Court hereby grants final approval of the Settlement Agreement in all respects (including, without limitation: the Settlement Fund amount; the Releases; and the dismissal with prejudice of the claims asserted against UBS in the Action), and finds that the Settlement Agreement is, in all respects, fair, reasonable, and adequate to the Settlement Classes. In reaching this conclusion, the Court considered the factors set forth in City of Detroit v. Grinnell Corp., 495 F.2d 448, 463 (2d Cir. 1974), abrogated on other grounds by Goldberger v. Integrated Res., Inc., 209 F.3d 43 (2d Cir. 2000). Except as to any claim of those Persons (identified in Exhibit A) who have validly and timely requested exclusion from the Settlement Classes ("Opt-Outs"), the Action and all claims contained therein, as well as all of the Released Claims against any of the Released Parties by Class Plaintiffs, Settlement Class Members, and Releasing Parties are each hereby dismissed with prejudice. The Parties are to bear their own costs, except as otherwise provided in the Settlement Agreement. There is no just reason for delay in the entry of this Final Order and Judgment, and immediate entry by the Clerk of the Court is expressly directed. IT IS SO ORDERED. (RBC Capital Markets, LLC terminated.) (Signed by Judge Lorna G. Schofield on 8/6/2018)***Pursuant to instructions from Chambers, not to be spread. (anc) Modified on 8/9/2018 (anc).
August 6, 2018 Opinion or Order Filing 1107 FINAL APPROVAL ORDER OF SETTLEMENT AND FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE AS TO MORGAN STANLEY, MORGAN STANLEY & CO., LLC, AND MORGAN STANLEY & CO. INTERNATIONAL PLC: WHEREAS the Stipulation and Agreement of Settlement with Morgan Stanley, Morgan Stanley & Co., LLC, and Morgan Stanley & Co. International plc (the "Settlement Agreement") provides for, among other things, a complete dismissal with prejudice of the claims asserted against Morgan Stanley, Morgan Stanley & Co., LLC, and Morgan Stanley & Co. International plc ("Morgan Stanley") in the Action2 on the terms and conditions set forth in the Settlement Agreements, subject to the approval of this Court....the Court hereby affirms its determinations in the Preliminary Approval Order and certifies, for the purposes of settlement only, the following Settlement Classes, as further set forth in this order. The Court finds that the requirements of Rule 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure are satisfied solely for settlement purposes as further set forth in this order. Pursuant to Rule 23(e) of the Federal Rules of Civil Procedure, the Court hereby grants final approval of the Settlement Agreement in all respects (including, without limitation: the Settlement Fund amount; the Releases; and the dismissal with prejudice of the claims asserted against UBS in the Action), and finds that the Settlement Agreement is, in all respects, fair, reasonable, and adequate to the Settlement Classes. In reaching this conclusion, the Court considered the factors set forth in City of Detroit v. Grinnell Corp., 495 F.2d 448, 463 (2d Cir. 1974), abrogated on other grounds by Goldberger v. Integrated Res., Inc., 209 F.3d 43 (2d Cir. 2000). Except as to any claim of those Persons (identified in Exhibit A) who have validly and timely requested exclusion from the Settlement Classes ("Opt-Outs"), the Action and all claims contained therein, as well as all of the Released Claims against any of the Released Parties by Class Plaintiffs, Settlement Class Members, and Releasing Parties are each hereby dismissed with prejudice. The Parties are to bear their own costs, except as otherwise provided in the Settlement Agreement. There is no just reason for delay in the entry of this Final Order and Judgment, and immediate entry by the Clerk of the Court is expressly directed. (Morgan Stanley & Co. LLC, Morgan Stanley and Morgan Stanley & Co. International plc terminated.) (Signed by Judge Lorna G. Schofield on 8/6/2018) (jwh)
August 6, 2018 Opinion or Order Filing 1106 FINAL APPROVAL ORDER OF SETTLEMENT AND FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE AS TO HSBC HOLDINGS PLC, HSBC BANK PLC, HSBC NORTH AMERICA HOLDINGS INC., HSBC BANK USA, N.A., AND HSBC SECURITIES (USA) INC.: WHEREAS the Stipulation and Agreement of Settlement with HSBC Holdings PLC, HSBC Bank PLC, HSBC North America Holdings Inc., HSBC Bank USA, N.A., and HSBC Securities (USA) Inc. (the "Settlement Agreement") provides for, among other things, a complete dismissal with prejudice of the claims asserted against HSBC Holdings PLC, HSBC Bank PLC, HSBC North America Holdings Inc., HSBC Bank USA, N.A., and HSBC Securities (USA) Inc. ("HSBC") in the Action2 on the terms and conditions set forth in the Settlement Agreements, subject to the approval of this Court...the Court hereby affirms its determinations in the Preliminary Approval Order and certifies, for the purposes of settlement only, the following Settlement Classes, as further set forth in this order. The Court finds that the requirements of Rule 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure are satisfied solely for settlement purposes as further set forth in this order. Pursuant to Rule 23(e) of the Federal Rules of Civil Procedure, the Court hereby grants final approval of the Settlement Agreement in all respects (including, without limitation: the Settlement Fund amount; the Releases; and the dismissal with prejudice of the claims asserted against UBS in the Action), and finds that the Settlement Agreement is, in all respects, fair, reasonable, and adequate to the Settlement Classes. In reaching this conclusion, the Court considered the factors set forth in City of Detroit v. Grinnell Corp., 495 F.2d 448, 463 (2d Cir. 1974), abrogated on other grounds by Goldberger v. Integrated Res., Inc., 209 F.3d 43 (2d Cir. 2000). Except as to any claim of those Persons (identified in Exhibit A) who have validly and timely requested exclusion from the Settlement Classes ("Opt-Outs"), the Action and all claims contained therein, as well as all of the Released Claims against any of the Released Parties by Class Plaintiffs, Settlement Class Members, and Releasing Parties are each hereby dismissed with prejudice. The Parties are to bear their own costs, except as otherwise provided in the Settlement Agreement. There is no just reason for delay in the entry of this Final Order and Judgment, and immediate entry by the Clerk of the Court is expressly directed. HSBC Holdings plc, HSBC North America Holdings, Inc., HSBC Securities (USA) Inc., HSBC Bank USA, N.A. and HSBC Bank plc terminated. (Signed by Judge Lorna G. Schofield on 8/6/2018) (tn)
August 6, 2018 Opinion or Order Filing 1105 FINAL APPROVAL ORDER OF SETTLEMENT AND FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE AS TO Standard Chartered Bank: WHEREAS the Stipulation and Agreement of Settlement with Standard Chartered Bank (the "Settlement Agreement") provides for, among other things, a complete dismissal with prejudice of the claims asserted against Standard Chartered Bank in the Action on the terms and conditions set forth in the Settlement Agreements, subject to the approval of this Court...the Court hereby affirms its determinations in the Preliminary Approval Order and certifies, for the purposes of settlement only, the following Settlement Classes, as further set forth in this order. The Court finds that the requirements of Rule 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure are satisfied solely for settlement purposes as further set forth in this order. Pursuant to Rule 23(e) of the Federal Rules of Civil Procedure, the Court hereby grants final approval of the Settlement Agreement in all respects (including, without limitation: the Settlement Fund amount; the Releases; and the dismissal with prejudice of the claims asserted against UBS in the Action), and finds that the Settlement Agreement is, in all respects, fair, reasonable, and adequate to the Settlement Classes. In reaching this conclusion, the Court considered the factors set forth in City of Detroit v. Grinnell Corp., 495 F.2d 448, 463 (2d Cir. 1974), abrogated on other grounds by Goldberger v. Integrated Res., Inc., 209 F.3d 43 (2d Cir. 2000). Except as to any claim of those Persons (identified in Exhibit A) who have validly and timely requested exclusion from the Settlement Classes ("Opt-Outs"), the Action and all claims contained therein, as well as all of the Released Claims against any of the Released Parties by Class Plaintiffs, Settlement Class Members, and Releasing Parties are each hereby dismissed with prejudice. The Parties are to bear their own costs, except as otherwise provided in the Settlement Agreement. There is no just reason for delay in the entry of this Final Order and Judgment, and immediate entry by the Clerk of the Court is expressly directed. Standard Chartered Bank terminated. (Signed by Judge Lorna G. Schofield on 8/6/2018) (kgo)
August 6, 2018 Opinion or Order Filing 1104 FINAL APPROVAL ORDER OF SETTLEMENT AND FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE AS TO THE GOLDMAN SACHS GROUP, INC. AND GOLDMAN, SACHS & CO.:WHEREAS the Stipulation and Agreement of Settlement with The Goldman Sachs Group, Inc. and Goldman, Sachs & Co. (the "Settlement Agreement") provides for, among other things, a complete dismissal with prejudice of the claims asserted against The Goldman Sachs Group, Inc. and Goldman, Sachs & Co. ("Goldman Sachs") in the Action on the terms and conditions set forth in the Settlement Agreements, subject to the approval of this Court...the Court hereby affirms its determinations in the Preliminary Approval Order and certifies, for the purposes of settlement only, the following Settlement Classes, as further set forth in this order. The Court finds that the requirements of Rule 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure are satisfied solely for settlement purposes as further set forth in this order. Pursuant to Rule 23(e) of the Federal Rules of Civil Procedure, the Court hereby grants final approval of the Settlement Agreement in all respects (including, without limitation: the Settlement Fund amount; the Releases; and the dismissal with prejudice of the claims asserted against UBS in the Action), and finds that the Settlement Agreement is, in all respects, fair, reasonable, and adequate to the Settlement Classes. In reaching this conclusion, the Court considered the factors set forth in City of Detroit v. Grinnell Corp., 495 F.2d 448, 463 (2d Cir. 1974), abrogated on other grounds by Goldberger v. Integrated Res., Inc., 209 F.3d 43 (2d Cir. 2000). Except as to any claim of those Persons (identified in Exhibit A) who have validly and timely requested exclusion from the Settlement Classes ("Opt-Outs"), the Action and all claims contained therein, as well as all of the Released Claims against any of the Released Parties by Class Plaintiffs, Settlement Class Members, and Releasing Parties are each hereby dismissed with prejudice. The Parties are to bear their own costs, except as otherwise provided in the Settlement Agreement. There is no just reason for delay in the entry of this Final Order and Judgment, and immediate entry by the Clerk of the Court is expressly directed. (Goldman, Sachs & Co. and The Goldman Sachs Group, Inc. terminated.) (Signed by Judge Lorna G. Schofield on 8/6/2018)***Pursuant to instructions from Chambers, not to be spread.(anc)
August 6, 2018 Opinion or Order Filing 1103 FINAL APPROVAL ORDER OF SETTLEMENT AND FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE AS TO CITIGROUP INC., CITIBANK, N.A., CITICORP, AND CITIGROUP GLOBAL MARKETS INC.: WHEREAS the Stipulation and Agreement of Settlement with Citigroup Inc., Citibank, N.A., Citicorp, and Citigroup Global Markets Inc. (the "Settlement Agreement") provides for, among other things, a complete dismissal with prejudice of the claims asserted against Citigroup Inc., Citibank, N.A., Citicorp, and Citigroup Global Markets Inc. ("Citigroup") in the Action2 on the terms and conditions set forth in the Settlement Agreements, subject to the approval of this Court... the Court hereby affirms its determinations in the Preliminary Approval Order and certifies, for the purposes of settlement only, the following Settlement Classes, as further set forth in this order. The Court finds that the requirements of Rule 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure are satisfied solely for settlement purposes as further set forth in this order. Pursuant to Rule 23(e) of the Federal Rules of Civil Procedure, the Court hereby grants final approval of the Settlement Agreement in all respects (including, without limitation: the Settlement Fund amount; the Releases; and the dismissal with prejudice of the claims asserted against UBS in the Action), and finds that the Settlement Agreement is, in all respects, fair, reasonable, and adequate to the Settlement Classes. In reaching this conclusion, the Court considered the factors set forth in City of Detroit v. Grinnell Corp., 495 F.2d 448, 463 (2d Cir. 1974), abrogated on other grounds by Goldberger v. Integrated Res., Inc., 209 F.3d 43 (2d Cir. 2000). Except as to any claim of those Persons (identified in Exhibit A) who have validly and timely requested exclusion from the Settlement Classes ("Opt-Outs"), the Action and all claims contained therein, as well as all of the Released Claims against any of the Released Parties by Class Plaintiffs, Settlement Class Members, and Releasing Parties are each hereby dismissed with prejudice. The Parties are to bear their own costs, except as otherwise provided in the Settlement Agreement. There is no just reason for delay in the entry of this Final Order and Judgment, and immediate entry by the Clerk of the Court is expressly directed. (Citigroup Global Markets, Inc., Citigroup, Inc., Citibank N.A. and Citicorp terminated.) (Signed by Judge Lorna G. Schofield on 8/6/2018) (jwh)
August 6, 2018 Opinion or Order Filing 1102 FINAL APPROVAL ORDER OF SETTLEMENT AND FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE AS TO DEUTSCHE BANK AG AND DEUTSCHE BANK SECURITIES INC.: WHEREAS the Stipulation and Agreement of Settlement with Deutsche Bank AG (the "Settlement Agreement") provides for, among other things, a complete dismissal with prejudice of the claims asserted against Deutsche Bank AG and Deutsche Bank Securities Inc. in the Action on the terms and conditions set forth in the Settlement Agreements, subject to the approval of this Court...the Court hereby affirms its determinations in the Preliminary Approval Order and certifies, for the purposes of settlement only, the following Settlement Classes, as further set forth in this order. The Court finds that the requirements of Rule 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure are satisfied solely for settlement purposes as further set forth in this order. Pursuant to Rule 23(e) of the Federal Rules of Civil Procedure, the Court hereby grants final approval of the Settlement Agreement in all respects (including, without limitation: the Settlement Fund amount; the Releases; and the dismissal with prejudice of the claims asserted against UBS in the Action), and finds that the Settlement Agreement is, in all respects, fair, reasonable, and adequate to the Settlement Classes. In reaching this conclusion, the Court considered the factors set forth in City of Detroit v. Grinnell Corp., 495 F.2d 448, 463 (2d Cir. 1974), abrogated on other grounds by Goldberger v. Integrated Res., Inc., 209 F.3d 43 (2d Cir. 2000). Except as to any claim of those Persons (identified in Exhibit A) who have validly and timely requested exclusion from the Settlement Classes ("Opt-Outs"), the Action and all claims contained therein, as well as all of the Released Claims against any of the Released Parties by Class Plaintiffs, Settlement Class Members, and Releasing Parties are each hereby dismissed with prejudice. The Parties are to bear their own costs, except as otherwise provided in the Settlement Agreement. There is no just reason for delay in the entry of this Final Order and Judgment, and immediate entry by the Clerk of the Court is expressly directed. Deutsche Bank AG and Deutsche Bank Securities Inc. terminated. (Signed by Judge Lorna G. Schofield on 8/6/2018) (tn)
August 6, 2018 Opinion or Order Filing 1101 FINAL APPROVAL ORDER OF SETTLEMENT AND FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE AS TO BNP PARIBAS GROUP, BNP PARIBAS NORTH AMERICA INC., BNP PARIBAS SECURITIES CORP., AND BNP PRIME BROKERAGE, INC.: WHEREAS the Stipulation and Agreement of Settlement with BNP Paribas Group, BNP Paribas North America Inc., BNP Paribas Securities Corp., and BNP Prime Brokerage, Inc. (the "Settlement Agreement") provides for, among other things, a complete dismissal with prejudice of the claims asserted against BNP Paribas Group, BNP Paribas North America Inc., BNP Paribas Securities Corp., and BNP Prime Brokerage, Inc. (BNP Paribas) in the Action on the terms and conditions set forth in the Settlement Agreements, subject to the approval of this Court...the Court hereby affirms its determinations in the Preliminary Approval Order and certifies, for the purposes of settlement only, the following Settlement Classes, as further set forth in this order. The Court finds that the requirements of Rule 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure are satisfied solely for settlement purposes as further set forth in this order. Pursuant to Rule 23(e) of the Federal Rules of Civil Procedure, the Court hereby grants final approval of the Settlement Agreement in all respects (including, without limitation: the Settlement Fund amount; the Releases; and the dismissal with prejudice of the claims asserted against UBS in the Action), and finds that the Settlement Agreement is, in all respects, fair, reasonable, and adequate to the Settlement Classes. In reaching this conclusion, the Court considered the factors set forth in City of Detroit v. Grinnell Corp., 495 F.2d 448, 463 (2d Cir. 1974), abrogated on other grounds by Goldberger v. Integrated Res., Inc., 209 F.3d 43 (2d Cir. 2000). Except as to any claim of those Persons (identified in Exhibit A) who have validly and timely requested exclusion from the Settlement Classes ("Opt-Outs"), the Action and all claims contained therein, as well as all of the Released Claims against any of the Released Parties by Class Plaintiffs, Settlement Class Members, and Releasing Parties are each hereby dismissed with prejudice. The Parties are to bear their own costs, except as otherwise provided in the Settlement Agreement. There is no just reason for delay in the entry of this Final Order and Judgment, and immediate entry by the Clerk of the Court is expressly directed. IT IS SO ORDERED. (BNP Paribas Prime Brokerage, Inc., BNP Paribas Securities Corp., BNP Paribas Group and BNP Paribas North America, Inc. terminated.) (Signed by Judge Lorna G. Schofield on 8/6/2018)***Pursuant to instructions from Chambers, not to be spread. (anc) Modified on 8/6/2018 (anc).
August 6, 2018 Opinion or Order Filing 1100 FINAL APPROVAL ORDER OF SETTLEMENT AND FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE AS TO MUFG BANK, LTD.: WHEREAS the Stipulation and Agreement of Settlement with The Bank of Tokyo-Mitsubishi UFJ, Ltd. (the "Settlement Agreement") provides for, among other things, a complete dismissal with prejudice of the claims asserted against The Bank of Tokyo-Mitsubishi UFJ, Ltd. in the Action on the terms and conditions set forth in the Settlement Agreements, subject to the approval of this Court the Court hereby affirms its determinations in the Preliminary Approval Order and certifies, for the purposes of settlement only, the following Settlement Classes, as further set forth in this order. The Court finds that the requirements of Rule 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure are satisfied solely for settlement purposes as further set forth in this order. Pursuant to Rule 23(e) of the Federal Rules of Civil Procedure, the Court hereby grants final approval of the Settlement Agreement in all respects (including, without limitation: the Settlement Fund amount; the Releases; and the dismissal with prejudice of the claims asserted against UBS in the Action), and finds that the Settlement Agreement is, in all respects, fair, reasonable, and adequate to the Settlement Classes. In reaching this conclusion, the Court considered the factors set forth in City of Detroit v. Grinnell Corp., 495 F.2d 448, 463 (2d Cir. 1974), abrogated on other grounds by Goldberger v. Integrated Res., Inc., 209 F.3d 43 (2d Cir. 2000). Except as to any claim of those Persons (identified in Exhibit A) who have validly and timely requested exclusion from the Settlement Classes ("Opt-Outs"), the Action and all claims contained therein, as well as all of the Released Claims against any of the Released Parties by Class Plaintiffs, Settlement Class Members, and Releasing Parties are each hereby dismissed with prejudice. The Parties are to bear their own costs, except as otherwise provided in the Settlement Agreement. There is no just reason for delay in the entry of this Final Order and Judgment, and immediate entry by the Clerk of the Court is expressly directed. Bank of Tokyo-Mitsubishi UFJ Ltd. terminated. (Signed by Judge Lorna G. Schofield on 8/6/2018) (tn)
August 6, 2018 Opinion or Order Filing 1099 FINAL APPROVAL ORDER OF SETTLEMENT AND FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE AS TO BARCLAYS BANK PLC AND BARCLAYS CAPITAL INC.: WHEREAS the Stipulation and Agreement of Settlement with Barclays Bank PLC and Barclays Capital Inc. (the "Settlement Agreement") provides for, among other things, a complete dismissal with prejudice of the claims asserted against Barclays Bank PLC and Barclays Capital Inc. ("Barclays") in the Action on the terms and conditions set forth in the Settlement Agreements, subject to the approval of this Court....the Court hereby affirms its determinations in the Preliminary Approval Order and certifies, for the purposes of settlement only, the following Settlement Classes, as further set forth in this order. The Court finds that the requirements of Rule 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure are satisfied solely for settlement purposes as further set forth in this order. Pursuant to Rule 23(e) of the Federal Rules of Civil Procedure, the Court hereby grants final approval of the Settlement Agreement in all respects (including, without limitation: the Settlement Fund amount; the Releases; and the dismissal with prejudice of the claims asserted against UBS in the Action), and finds that the Settlement Agreement is, in all respects, fair, reasonable, and adequate to the Settlement Classes. In reaching this conclusion, the Court considered the factors set forth in City of Detroit v. Grinnell Corp., 495 F.2d 448, 463 (2d Cir. 1974), abrogated on other grounds by Goldberger v. Integrated Res., Inc., 209 F.3d 43 (2d Cir. 2000). Except as to any claim of those Persons (identified in Exhibit A) who have validly and timely requested exclusion from the Settlement Classes ("Opt-Outs"), the Action and all claims contained therein, as well as all of the Released Claims against any of the Released Parties by Class Plaintiffs, Settlement Class Members, and Releasing Parties are each hereby dismissed with prejudice. The Parties are to bear their own costs, except as otherwise provided in the Settlement Agreement. There is no just reason for delay in the entry of this Final Order and Judgment, and immediate entry by the Clerk of the Court is expressly directed. (Barclays Bank PLC and Barclays Capital Inc. terminated.) (Signed by Judge Lorna G. Schofield on 8/6/2018) (jwh)
August 6, 2018 Opinion or Order Filing 1098 FINAL APPROVAL ORDER OF SETTLEMENT AND FINALJUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE AS TOJPMORGAN CHASE & CO. AND JPMORGAN CHASE BANK, N.A.: WHEREAS the Stipulation and Agreement of Settlement with JPMorgan Chase & Co. and JPMorgan Chase Bank, N.A. (the "Settlement Agreement") provides for, among other things, a complete dismissal with prejudice of the claims asserted against JPMorgan Chase & Co. and JPMorgan Chase Bank, N.A. ("JPMorgan") in the Action on the terms and conditions set forth in the Settlement Agreements, subject to the approval of this Court...the Court hereby affirms its determinations in the Preliminary Approval Order and certifies, for the purposes of settlement only, the following Settlement Classes, as further set forth in this order. The Court finds that the requirements of Rule 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure are satisfied solely for settlement purposes as further set forth in this order. Pursuant to Rule 23(e) of the Federal Rules of Civil Procedure, the Court hereby grants final approval of the Settlement Agreement in all respects (including, without limitation: the Settlement Fund amount; the Releases; and the dismissal with prejudice of the claims asserted against UBS in the Action), and finds that the Settlement Agreement is, in all respects, fair, reasonable, and adequate to the Settlement Classes. In reaching this conclusion, the Court considered the factors set forth in City of Detroit v. Grinnell Corp., 495 F.2d 448, 463 (2d Cir. 1974), abrogated on other grounds by Goldberger v. Integrated Res., Inc., 209 F.3d 43 (2d Cir. 2000). Except as to any claim of those Persons (identified in Exhibit A) who have validly and timely requested exclusion from the Settlement Classes ("Opt-Outs"), the Action and all claims contained therein, as well as all of the Released Claims against any of the Released Parties by Class Plaintiffs, Settlement Class Members, and Releasing Parties are each hereby dismissed with prejudice. The Parties are to bear their own costs, except as otherwise provided in the Settlement Agreement. There is no just reason for delay in the entry of this Final Order and Judgment, and immediate entry by the Clerk of the Court is expressly directed. JPMorgan Chase & Co. and JPMorgan Chase Bank National Association terminated. (Signed by Judge Lorna G. Schofield on 8/6/2018) (tn)
August 6, 2018 Opinion or Order Filing 1097 FINAL APPROVAL ORDER OF SETTLEMENT AND FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE AS TO BANK OF AMERICA CORPORATION, BANK OF AMERICA, N.A., AND MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED: WHEREAS the Stipulation and Agreement of Settlement with Bank of America Corporation, Bank of America, N.A., and Merrill Lynch, Pierce, Fenner & Smith Incorporated (the "Settlement Agreement") provides for, among other things, a complete dismissal with prejudice of the claims asserted against Bank of America Corporation, Bank of America, N.A., and Merrill Lynch, Pierce, Fenner & Smith Incorporated ("Bank of America") in the Action on the terms and conditions set forth in the Settlement Agreement, subject to the approval of this Court...the Court hereby affirms its determinations in the Preliminary Approval Order and certifies, for the purposes of settlement only, the following Settlement Classes, as further set forth in this order. The Court finds that the requirements of Rule 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure are satisfied solely for settlement purposes as further set forth in this order. Pursuant to Rule 23(e) of the Federal Rules of Civil Procedure, the Court hereby grants final approval of the Settlement Agreement in all respects (including, without limitation: the Settlement Fund amount; the Releases; and the dismissal with prejudice of the claims asserted against UBS in the Action), and finds that the Settlement Agreement is, in all respects, fair, reasonable, and adequate to the Settlement Classes. In reaching this conclusion, the Court considered the factors set forth in City of Detroit v. Grinnell Corp., 495 F.2d 448, 463 (2d Cir. 1974), abrogated on other grounds by Goldberger v. Integrated Res., Inc., 209 F.3d 43 (2d Cir. 2000). Except as to any claim of those Persons (identified in Exhibit A) who have validly and timely requested exclusion from the Settlement Classes ("Opt-Outs"), the Action and all claims contained therein, as well as all of the Released Claims against any of the Released Parties by Class Plaintiffs, Settlement Class Members, and Releasing Parties are each hereby dismissed with prejudice. The Parties are to bear their own costs, except as otherwise provided in the Settlement Agreement. There is no just reason for delay in the entry of this Final Order and Judgment, and immediate entry by the Clerk of the Court is expressly directed. IT IS SO ORDERED. (Merrill Lynch, Pierce, Fenner & Smith Inc., Bank Of America Corporation and Bank of America, N.A. terminated.) (Signed by Judge Lorna G. Schofield on 8/6/2018)**Pursuant to instructions from Chambers, not to be spread.(anc) Modified on 8/6/2018 (anc).
August 6, 2018 Opinion or Order Filing 1096 FINAL APPROVAL ORDER OF SETTLEMENT AND FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE AS TO UBS AG, UBS GROUP AG, AND UBS SECURITIES LLC: WHEREAS the Stipulation and Agreement of Settlement with UBS AG, UBS Group AG, and UBS Securities LLC (the "Settlement Agreement") provides for, among other things, a complete dismissal with prejudice of the claims asserted against UBS AG, UBS Group AG, and UBS Securities LLC ("UBS") in the Action on the terms and conditions set forth in the Settlement Agreements, subject to the approval of this Court...the Court hereby affirms its determinations in the Preliminary Approval Order and certifies, for the purposes of settlement only, the following Settlement Classes, as further set forth in this order. The Court finds that the requirements of Rule 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure are satisfied solely for settlement purposes as further set forth in this order. Pursuant to Rule 23(e) of the Federal Rules of Civil Procedure, the Court hereby grants final approval of the Settlement Agreement in all respects (including, without limitation: the Settlement Fund amount; the Releases; and the dismissal with prejudice of the claims asserted against UBS in the Action), and finds that the Settlement Agreement is, in all respects, fair, reasonable, and adequate to the Settlement Classes. In reaching this conclusion, the Court considered the factors set forth in City of Detroit v. Grinnell Corp., 495 F.2d 448, 463 (2d Cir. 1974), abrogated on other grounds by Goldberger v. Integrated Res., Inc., 209 F.3d 43 (2d Cir. 2000). Except as to any claim of those Persons (identified in Exhibit A) who have validly and timely requested exclusion from the Settlement Classes ("Opt-Outs"), the Action and all claims contained therein, as well as all of the Released Claims against any of the Released Parties by Class Plaintiffs, Settlement Class Members, and Releasing Parties are each hereby dismissed with prejudice. The Parties are to bear their own costs, except as otherwise provided in the Settlement Agreement. There is no just reason for delay in the entry of this Final Order and Judgment, and immediate entry by the Clerk of the Court is expressly directed. UBS Securities LLC, UBS AG and UBS Group AG terminated. (Signed by Judge Lorna G. Schofield on 8/6/2018) (tn)
August 6, 2018 Opinion or Order Filing 1095 ORDER APPROVING THE PLAN OF DISTRIBUTION granting #924 Motion to Approve Distribution of Settlement. The Court finds and concludes that the Plan of Distribution is, in all respects, fair and reasonable to the Settlement Classes. Without affecting the finality of this Order in any way, this Court hereby retains continuing jurisdiction over the Parties and the Settlement Class Members for all matters relating to this Action, including the administration, interpretation, effectuation, or enforcement of this Order. Separate Orders Separate orders shall be entered regarding Final Approval and Judgment and awarding attorneys fees and reimbursement of litigation expenses. Such orders shall in no way disturb or affect this Order and shall not affect or delay the Effective Date of the Settlement. (Signed by Judge Lorna G. Schofield on 8/6/2018) (kgo)
August 1, 2018 Opinion or Order Filing 1094 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 8/1/2018 re: Response to July 31 Order. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
August 1, 2018 Opinion or Order Filing 1093 NOTICE OF CHANGE OF ADDRESS by George Patrick Montgomery on behalf of Deutsche Bank AG, Deutsche Bank Securities Inc.. New Address: King & Spalding LLP, 1700 Pennsylvania Avenue NW, Suite 200, Washington, DC, United States 20006, 202 737 0500. (Montgomery, George)
July 31, 2018 Opinion or Order Filing 1092 ORDER: WHEREAS, on July 11, 2018, Class Counsel filed an exhibit listing payments made to experts and consultants for which Class Counsel seeks reimbursement; WHEREAS, Class Counsel have not disclosed any payments made or amounts due to experts Fitzpatrick, Miller and Silver, who submitted declarations in support of Class Counsel's fee request. It is hereby ORDERED that Class Counsel shall file a letter by August 3, 2018, disclosing any such payments made or amounts due, as well as the experts hourly billing rates, regardless of whether or not Class Counsel seeks reimbursement for those payments. (Signed by Judge Lorna G. Schofield on 7/31/2018) (mro)
July 13, 2018 Opinion or Order Filing 1091 SEALED DOCUMENT placed in vault.(mhe)
July 13, 2018 Opinion or Order Filing 1090 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Jason M. Hall dated 07/13/2018 re: Status Report. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
July 12, 2018 Opinion or Order Filing 1089 ENDORSED LETTER: addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 7/10/2018 re: Class Plaintiffs request leave to file under seal an Experts & Consultants report ("Exhibit 7") that will be attached to Class Plaintiffs' July 11, 2018 letter containing the information the Court requested at the Fairness Hearing. ENDORSEMENT: The proposed redactions are approved for substantially the reasons stated in this letter, which was delivered to the Court by email to the Chambers inbox. Class Plaintiffs shall file Exhibit 7 with the proposed redactions on ECF and shall file the unredacted version under seal by July 16, 2018. (Signed by Judge Lorna G. Schofield on 7/12/2018) (ama)
July 11, 2018 Opinion or Order Filing 1088 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated July 11, 2018 re: supplemental authority. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Hausfeld, Michael)
July 11, 2018 Opinion or Order Filing 1087 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 7/11/2018 re: Update pursuant to May 24 Order. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
July 10, 2018 Opinion or Order Filing 1086 ORDER: WHEREAS, by email to the Chambers inbox dated July 9, 2018, Settling Defendants requested an extension of the deadline to submit the Proposed Final Orders to the Court, from July 11 to July 25, 2018. It is hereby ORDERED that the above-mentioned extension is GRANTED. (Signed by Judge Lorna G. Schofield on 7/10/2018) (kgo)
July 2, 2018 Opinion or Order ***DELETED DOCUMENT. Deleted document number #1086 LETTER. The document was incorrectly filed in this case. (tro)
July 2, 2018 Opinion or Order Filing 1085 MEMO ENDORSEMENT on re: #1083 Letter filed by RBS Securities, Inc., The Royal Bank of Scotland PLC, The Royal Bank of Scotland Group PLC. ENDORSEMENT: SO ORDERED. Attorney Joel M. Cohen terminated. (Signed by Judge Lorna G. Schofield on 7/2/2018) (kgo)
June 29, 2018 Opinion or Order Filing 1083 LETTER addressed to Judge Lorna G. Schofield from Joel Cohen dated June 29, 2018 re: To Withdraw as Counsel of Record. Document filed by RBS Securities, Inc., The Royal Bank of Scotland Group PLC, The Royal Bank of Scotland PLC.(Cohen, Joel)
June 29, 2018 Opinion or Order Filing 1082 NOTICE OF APPEARANCE by Paul Steel Mishkin on behalf of RBS Securities, Inc., The Royal Bank of Scotland Group PLC. (Mishkin, Paul)
June 29, 2018 Opinion or Order Mailed a copy of #1041 Order, Set Deadlines to Chan Ah Wah & Lim Cheok Kee Willy 115 East St, New Hyde Park, NY 11040. (mhe)
June 26, 2018 Opinion or Order Filing 1081 ORDER: It is hereby ORDERED that the Chans' claim that they are members of either the Direct Settlement Class or the Exchange Only Settlement Class is rejected. In sum, the Chans have failed to proffer any evidence suggesting that they are members of either class. It is further ORDERED that HSBC shall file a letter in the Chan Action by July 9, 2018, proposing a briefing schedule for its motion to dismiss. HSBC shall contact the Chans, endeavor to agree on a briefing schedule, and indicate in its letter the Chans' position. It is further ORDERED that discovery in the Chan Action is STAYED pending a ruling on HSBC's motion to dismiss. The Clerk of Court is respectfully directed to mail a copy of this Order to the Chans. (Signed by Judge Lorna G. Schofield on 6/26/2018) (kgo)
June 22, 2018 Opinion or Order Filing 1080 MEMO ENDORSEMENT on re: #1079 Letter,,,, filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, Casey Sterk, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge Lorna G. Schofield on 6/22/2018) (kgo)
June 21, 2018 Opinion or Order Filing 1079 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 6/21/2018 re: Filing exs. in the UK. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
June 20, 2018 Opinion or Order Filing 1078 ORDER AUTHORIZING PAYMENTS FOR SETTLEMENT ADMINISTRATION EXPENSES FROM SETTLEMENT FUNDS: IT IS HEREBY ORDERED: 1. All terms in initial capitalization used in this Order shall have the same meanings as set forth in the Settlement Agreements and the Preliminary Approval Orders, unless otherwise defined herein. 2. The Court authorizes Class Counsel to pay up to an additional $3,000,000 (for a total of $9,500,000) from the settlement funds for reasonable Settlement Administration Expenses. 3. Any such expenses in excess of this $9,500,000 may be paid from the settlement funds only with the approval of the Court. (Signed by Judge Lorna G. Schofield on 6/20/2018) (kgo)
June 19, 2018 Opinion or Order Filing 1077 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 6/19/2018 re: Settlement administration expenses. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Burke, Christopher)
June 15, 2018 Opinion or Order Filing 1076 ORDER granting #1075 Letter Motion for Discovery. Application GRANTED. The deposition deadline in Paragraph 13 of the Letter of Request to take the deposition of Mitesh Parikh is extended nunc pro tunc to December 31, 2018. (Signed by Judge Lorna G. Schofield on 6/15/2018) (kgo)
June 15, 2018 Opinion or Order Set/Reset Deadlines: Deposition due by 12/31/2018. (kgo)
June 14, 2018 Opinion or Order Filing 1075 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Discovery to Amend Nunc Pro Tunc Letter of Request Issued March 12, 2018 addressed to Judge Lorna G. Schofield from Christopher M. Burke dated 06/14/2018. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher) Modified on 7/2/2018 (db).
June 14, 2018 Opinion or Order Filing 1074 MEMO ENDORSEMENT on re: (316 in 1:15-cv-09300-LGS) Letter filed by Department of Justice (DOJ). ENDORSEMENT: The Court clarifies that the discovery stay in place applies to depositions of cooperating witnesses who have pled guilty. (Signed by Judge Lorna G. Schofield on 6/14/2018) (kgo)
June 13, 2018 Opinion or Order Filing 1073 MEMO ENDORSEMENT: on re: (315 in 1:15-cv-09300-LGS) Letter filed by John Nypl. ENDORSEMENT: The discovery stay is extended by three months, to September 13, 2018. The DOJ may apply for an extension at that time if the stay continues to be necessary. The Clerk of Court is directed to docket this Order in Case Nos. 13 Civ. 7789 and 15 Civ. 9300. (Signed by Judge Lorna G. Schofield on 6/13/2018) (ama)
June 6, 2018 Opinion or Order Filing 1072 AFFIDAVIT OF SERVICE of JOINT RESPONSE TO ECF 1048 served on CHAN AH WAH; LIM CHEOK KEE WILLY on 06/06/2018. Service was made by MAIL; E-MAIL. Document filed by HSBC Bank USA, N.A., HSBC Bank plc, HSBC Holdings plc, HSBC North America Holdings, Inc., HSBC Securities (USA) Inc.. (Casamento, Gregory)
June 6, 2018 Opinion or Order Filing 1071 JOINT BRIEF re: #1048 Brief,,,, Response to ECF 1048. Document filed by HSBC Bank USA, N.A., HSBC Bank plc, HSBC Holdings plc, HSBC North America Holdings, Inc., HSBC Securities (USA) Inc.. (Attachments: #1 Affidavit of Service)(Casamento, Gregory)
June 6, 2018 Opinion or Order Filing 1070 MEMO ENDORSEMENT on re: (1069 in 1:13-cv-07789-LGS) Letter filed by U.S. Department of Justice, (311 in 1:15-cv-09300-LGS) Letter filed by Department of Justice (DOJ). ENDORSEMENT: Nypl Plaintiffs shall file a letter in opposition not to exceed two pages by June 12, 2018. (Signed by Judge Lorna G. Schofield on 6/6/2018) (kgo)
June 5, 2018 Opinion or Order Filing 1069 LETTER addressed to Judge Lorna G. Schofield from Benjamin Sirota dated June 5, 2018 re: Discovery Stay Extension. Document filed by U.S. Department of Justice.(Sirota, Benjamin)
June 1, 2018 Opinion or Order Filing 1068 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 6/1/2018 re: Continuing need for redactions. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
May 31, 2018 Opinion or Order Filing 1067 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a hearing proceeding held on 5/23/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
May 31, 2018 Opinion or Order Filing 1066 TRANSCRIPT of Proceedings re: hearing held on 5/23/2018 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Jerry Harrison, (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 6/21/2018. Redacted Transcript Deadline set for 7/2/2018. Release of Transcript Restriction set for 8/29/2018.(McGuirk, Kelly)
May 29, 2018 Opinion or Order Filing 1065 RESPONSE in Opposition to Motion re: #1041 JOINT BRIEF. Document filed by Chan Ah Wah, Lim Cheok Kee Willy. (jcs)
May 29, 2018 Opinion or Order Filing 1064 NOTICE OF APPEARANCE by Maude Paquin on behalf of RBS Securities, Inc., Royal Bank of Scotland Group, PLC. (Paquin, Maude)
May 24, 2018 Opinion or Order Filing 1063 ORDER: WHEREAS, a fairness hearing was held on May 24, 2018. For the reasons stated in the hearing, it is hereby ORDERED that Class Counsel shall file proposed orders and all information requested at the conference, including updated statistics on the participation rate in the settlement claims process, by July 11, 2018. (Signed by Judge Lorna G. Schofield on 5/24/2018) (ras)
May 24, 2018 Opinion or Order Filing 1062 JOINT LETTER addressed to Judge Lorna G. Schofield from Settling Defendants dated May 24, 2018 re: Court's Request at May 23, 2018 Final Approval Hearing for List of Docket Entries. Document filed by BNP Paribas Group, BNP Paribas North America, Inc., BNP Paribas Prime Brokerage, Inc., BNP Paribas Securities Corp., Bank Of America Corporation, Bank of America, N.A., Bank of Tokyo-Mitsubishi UFJ Ltd., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citicorp, Citigroup Global Markets, Inc., Citigroup, Inc., Deutsche Bank AG, Deutsche Bank Securities Inc., Goldman Sachs & Co. LLC, HSBC Bank USA, N.A., HSBC Bank plc, HSBC Holdings plc, HSBC North America Holdings, Inc., HSBC Securities (USA) Inc., JPMorgan Chase & Co., JPMorgan Chase Bank National Association, Merrill Lynch, Pierce, Fenner & Smith Inc., Morgan Stanley, Morgan Stanley & Co. International plc, Morgan Stanley & Co. LLC, RBC Capital Markets, LLC, RBS Securities, Inc., Societe Generale S.A., Standard Chartered Bank, The Goldman Sachs Group, Inc., The Royal Bank of Scotland Group PLC, UBS AG, UBS Group AG, UBS Securities LLC.(Bershteyn, Boris)
May 23, 2018 Opinion or Order Minute Entry for proceedings held before Judge Lorna G. Schofield: Fairness Hearing held on 5/23/2018. Associated Cases: 1:13-cv-07789-LGS et al.(jcs)
May 22, 2018 Opinion or Order Filing 1061 MEMO ENDORSEMENT: on re: (1060 in 1:13-cv-07789-LGS) Letter filed by John Nypl, (308 in 1:15-cv-09300-LGS) Letter, filed by John Nypl, Valarie Jolly, Mad Travel, Inc., William Rubinsohn, Lisa McCarthy, Go Everywhere, Inc. ENDORSEMENT: Nypl plaintiffs' counsel may call Chambers at (212) 805-0288 at the appointed date and time, and identify themselves to be connected to the hearing. (Docketed in 13cv7789 and 15cv9300) (Signed by Judge Lorna G. Schofield on 5/22/2018) (ap)
May 22, 2018 Opinion or Order Filing 1060 LETTER addressed to Judge Lorna G. Schofield from Lingel H. Winters dated 5/22/18 re: Conference Line for 5-23-18. Document filed by John Nypl.(Winters, Lingel)
May 22, 2018 Opinion or Order Filing 1059 NOTICE of Withdrawal of Attorney Jessica Moy. Document filed by Fresno County Employees Retirement Association. (Seaver, Todd)
May 22, 2018 Opinion or Order Filing 1058 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 05/22/2018 re: participation rate in the claims process. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
May 16, 2018 Opinion or Order Filing 1057 ORDER granting #1051 Motion for Walter D. Kelley, Jr. to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
May 14, 2018 Opinion or Order Filing 1056 NOTICE OF APPEARANCE by Camille Latoya Fletcher on behalf of BNP Paribas Group, BNP Paribas North America. (Fletcher, Camille)
May 14, 2018 Opinion or Order Filing 1055 NOTICE OF APPEARANCE by Joshua Aaron Goldberg on behalf of BNP Paribas Group, BNP Paribas North America. (Goldberg, Joshua)
May 14, 2018 Opinion or Order Minute Entry for proceedings held before Judge Lorna G. Schofield: Telephone Conference held on 5/14/2018. Associated Cases: 1:13-cv-07789-LGS et al.(jcs)
May 11, 2018 Opinion or Order Filing 1054 ORDER: WHEREAS, the parties have sent confidential letters to the Court by email to the Chambers inbox regarding settlement discussions. It is hereby ORDERED that a confidential telephonic conference regarding settlement will be held on May 14, 2018, at 10:30 a.m. The parties shall call Chambers jointly at (212) 805-0288 at the appointed date and time. Telephone Conference set for 5/14/2018 at 10:30 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 5/11/2018) (kgo)
May 11, 2018 Opinion or Order Filing 1053 JOINT LETTER addressed to Judge Lorna G. Schofield from Jason M. Hall dated May 11, 2018 re: Status Letter. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC.(Hall, Jason)
May 10, 2018 Opinion or Order Filing 1052 NOTICE OF APPEARANCE by Anuja Thatte on behalf of JPMorgan Chase & Co., JPMorgan Chase Bank National Association. (Thatte, Anuja)
May 10, 2018 Opinion or Order Filing 1051 MOTION for Walter D. Kelley, Jr. to Appear Pro Hac Vice Corrected. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Affidavit of Walter D. Kelley, Jr., #2 Certificate of Good Standing - DC, #3 Certificate of Good Standing - VA, #4 Text of Proposed Order)(Hausfeld, Michael)
May 10, 2018 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #1051 MOTION for Walter D. Kelley, Jr. to Appear Pro Hac Vice Corrected. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
May 9, 2018 Opinion or Order Filing 1050 NOTICE of Declaration of Angela Ferrante in Support of Joint Response re: #1048 Brief,,,,. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
May 9, 2018 Opinion or Order Filing 1049 NOTICE of Declaration of Kristen M. Anderson in Support of Joint Response (ECF No. 1048) re: #1048 Brief,,,,. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Burke, Christopher)
May 9, 2018 Opinion or Order Filing 1048 JOINT BRIEF re: #1041 Order, Set Deadlines,,,,,,,, Regarding Chan Eligibility to Submit a Claim. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
May 9, 2018 Opinion or Order Filing 1047 NOTICE OF APPEARANCE by Tibor Ludovico Nagy, Jr on behalf of JPMorgan Chase & Co., JPMorgan Chase Bank National Association. (Nagy, Tibor)
May 7, 2018 Opinion or Order Filing 1045 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Walter D. Kelley, Jr. to Appear Pro Hac Vice Corrected. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Affidavit of Walter D. Kelley, Jr., #2 Exhibit Certificate of Good Standing - DC, #3 Exhibit Certificate of Good Standing - VA, #4 Text of Proposed Order)(Hausfeld, Michael) Modified on 5/7/2018 (jc).
May 7, 2018 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #1045 MOTION for Walter D. Kelley, Jr. to Appear Pro Hac Vice Corrected. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): electronic signature /s/ cannot be used by an attorney using another attorney's ECF user name and password - original signature needed OR attorney needs to apply for their own ECF credentials. Re-file the motion as a 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 Attorney Affidavit - attach Proposed Order. (jc)
May 3, 2018 Opinion or Order Filing 1046 LETTER addressed to Judge Lorna G. Schofield from Chan Ah Wah and Lim C.K. Willy, dated 5/3/18 re: IN RE FOREIGN EXHANGE BENCHMARK RATES ANTITRUST LITIG. 13-CV-7789 LGS ET AL. Document filed by Chan Ah Wah, Lim Cheok Kee Willy.(sc)
May 1, 2018 Opinion or Order Filing 1044 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Walter D. Kelley, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15010007. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Affidavit of Walter D. Kelley, Jr., #2 Certificate of Good Standing - DC, #3 Certificate of Good Standing - VA, #4 Text of Proposed Order)(Hausfeld, Michael) Modified on 5/1/2018 (wb).
May 1, 2018 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #1044 MOTION for Walter D. Kelley, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15010007. 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 Virginia;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
May 1, 2018 Opinion or Order LETTERS ROGATORY ISSUED on May 1, 2018, and picked up by Scott + Scott, L.L.P. and to get the testimony of Andre Katz in the Royal Courts of Justice, London. (km)
April 30, 2018 Opinion or Order Filing 1043 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 4/30/2018 re: CFTC Order against HSBC. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit 1)(Burke, Christopher)
April 30, 2018 Opinion or Order Mailed a copy of #1042 Order, to Chan Ah Wah & Lim Cheok Kee Willy 115 East St, New Hyde Park, NY 11040. (mhe)
April 27, 2018 Opinion or Order Filing 1042 ORDER: ORDERED that the Chans shall refrain from emailing the Court. The Chans shall send any correspondence relevant to the issues in the above-captioned cases to the Pro Se Intake Unit. Any correspondence the Chans send by email to the Chambers inbox will be deleted and not read. The Clerk of Court is respectfully directed to mail a copy of this Order to the Chans. (Signed by Judge Lorna G. Schofield on 4/27/2018) (ap)
April 27, 2018 Opinion or Order Transmission to Docket Assistant Clerk. Transmitted re: #1042 Order to the Docket Assistant Clerk for case processing. (ap)
April 25, 2018 Opinion or Order Transmission to Docket Assistant Clerk. Transmitted re: #1041 Order, Set Deadlines, to the Docket Assistant Clerk for case processing. (rj)
April 25, 2018 Opinion or Order Filing 1041 ORDER: It is hereby ORDERED that by May 9, 2018, the HSBC Defendants and Class Counsel in In re FOREX, Case No. 13 Civ. 7789, shall file a joint brief not exceeding 25 pages in support of their position that Chan Ah Wah and Lim Cheok Kee Willy (the "Chans") are not members of the FOREX settlement class. The Chans shall file an opposition brief not exceeding 25 pages by May 30, 2018, and the HSBC Defendants and Class Counsel shall file a joint reply not exceeding 10 pages by June 6, 2018. The parties shall follow the Court's Individual Rules concerning motions and shall seek expansions of the limitations in those rules as necessary. The Pro Se Intake Unit is respectfully directed to accept the Chans' opposition brief for filing in the above-captioned matters. The Clerk of Court is respectfully directed to mail a copy of this Order to the Chans. Brief due by 5/9/2018., Reply to Response to Brief due by 6/6/2018., Responses to Brief due by 5/30/2018. (Signed by Judge Lorna G. Schofield on 4/25/2018) (rj)
April 24, 2018 Opinion or Order Filing 1040 NOTICE OF APPEARANCE by Russell Laurence Hirschhorn on behalf of JPMorgan Chase & Co., JPMorgan Chase Bank National Association. (Hirschhorn, Russell)
April 24, 2018 Opinion or Order Filing 1039 NOTICE OF APPEARANCE by Stephen Leonard Ratner on behalf of JPMorgan Chase & Co., JPMorgan Chase Bank National Association. (Ratner, Stephen)
April 23, 2018 Opinion or Order Filing 1038 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #924 MOTION to Approve Fifteen Settlement Agreements and Plan of Distribution . . Document filed by ERISA Allocation Counsel. (Loeser, Derek)
April 23, 2018 Opinion or Order Filing 1037 RESPONSE re: #972 Notice (Other),,,,,, (Settling Defendants' Response to Allen Plaintiffs' Objection to Motion for Final Approval of Settlement Agreements). Document filed by BNP Paribas Group, BNP Paribas North America, Inc., BNP Paribas Prime Brokerage, Inc., BNP Paribas Securities Corp., Bank Of America Corporation, Bank of America, N.A., Bank of Tokyo-Mitsubishi UFJ Ltd., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citicorp, Citigroup Global Markets, Inc., Citigroup, Inc., Deutsche Bank AG, Deutsche Bank Securities Inc., Goldman Sachs & Co. LLC, HSBC Bank USA, N.A., HSBC Bank plc, HSBC Holdings plc, HSBC North America Holdings, Inc., HSBC Securities (USA) Inc., JPMorgan Chase & Co., JPMorgan Chase Bank National Association, Merrill Lynch, Pierce, Fenner & Smith Inc., Morgan Stanley, Morgan Stanley & Co. International plc, Morgan Stanley & Co. LLC, RBC Capital Markets, LLC, RBS Securities, Inc., Societe Generale S.A., Standard Chartered Bank, The Goldman Sachs Group, Inc., The Royal Bank of Scotland PLC, UBS AG, UBS Group AG, UBS Securities LLC. (Bershteyn, Boris)
April 23, 2018 Opinion or Order Filing 1036 DECLARATION of Christopher M. Burke in Support re: #937 MOTION for Attorney Fees and Reimbursement of Litigation Expenses.. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Burke, Christopher)
April 23, 2018 Opinion or Order Filing 1035 REPLY MEMORANDUM OF LAW in Support re: #937 MOTION for Attorney Fees and Reimbursement of Litigation Expenses. . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
April 23, 2018 Opinion or Order Filing 1034 DECLARATION of Patrick Shilling in Support re: #924 MOTION to Approve Fifteen Settlement Agreements and Plan of Distribution .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Hausfeld, Michael)
April 23, 2018 Opinion or Order Filing 1033 DECLARATION of Audrey Ng in Support re: #924 MOTION to Approve Fifteen Settlement Agreements and Plan of Distribution .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Hausfeld, Michael)
April 23, 2018 Opinion or Order Filing 1032 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 4/11/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
April 23, 2018 Opinion or Order Filing 1031 TRANSCRIPT of Proceedings re: conference held on 4/11/2018 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Carol Ganley, (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 5/14/2018. Redacted Transcript Deadline set for 5/24/2018. Release of Transcript Restriction set for 7/23/2018.(McGuirk, Kelly)
April 23, 2018 Opinion or Order Filing 1030 DECLARATION of Michael T Lee in Support re: #924 MOTION to Approve Fifteen Settlement Agreements and Plan of Distribution .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Hausfeld, Michael)
April 23, 2018 Opinion or Order Filing 1029 DECLARATION of Tomasz Karol Idzior in Support re: #924 MOTION to Approve Fifteen Settlement Agreements and Plan of Distribution .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Hausfeld, Michael)
April 23, 2018 Opinion or Order Filing 1028 DECLARATION of Jessy Hong in Support re: #924 MOTION to Approve Fifteen Settlement Agreements and Plan of Distribution .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Hausfeld, Michael)
April 23, 2018 Opinion or Order Filing 1027 DECLARATION of Sandra Adams in Support re: #924 MOTION to Approve Fifteen Settlement Agreements and Plan of Distribution .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Hausfeld, Michael)
April 23, 2018 Opinion or Order Filing 1026 DECLARATION of Jason Rabe in Support re: #924 MOTION to Approve Fifteen Settlement Agreements and Plan of Distribution .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Hausfeld, Michael)
April 23, 2018 Opinion or Order Filing 1025 DECLARATION of Angela Ferrante in Support re: #924 MOTION to Approve Fifteen Settlement Agreements and Plan of Distribution .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Hausfeld, Michael)
April 23, 2018 Opinion or Order Filing 1024 REPLY MEMORANDUM OF LAW in Support re: #924 MOTION to Approve Fifteen Settlement Agreements and Plan of Distribution . . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Hausfeld, Michael)
April 20, 2018 Opinion or Order Filing 1023 RESPONSE to Motion re: #1012 MOTION to Appoint Adequate Representative and Counsel. Corrected Memorandum. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
April 19, 2018 Opinion or Order Filing 1022 DECLARATION of Kristen M. Anderson in Opposition re: #1012 MOTION to Appoint Adequate Representative and Counsel.. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Burke, Christopher)
April 19, 2018 Opinion or Order Filing 1021 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #1023) - RESPONSE to Motion re: #1012 MOTION to Appoint Adequate Representative and Counsel. . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher) Modified on 4/20/2018 (ldi).
April 19, 2018 Opinion or Order Filing 1020 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 4/11/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
April 19, 2018 Opinion or Order Filing 1019 TRANSCRIPT of Proceedings re: conference held on 4/11/2018 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Carol Ganley, (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 5/10/2018. Redacted Transcript Deadline set for 5/21/2018. Release of Transcript Restriction set for 7/18/2018.(McGuirk, Kelly)
April 19, 2018 Opinion or Order Filing 1018 LETTER addressed to Judge Lorna G. Schofield from Joseph M. Alioto dated April 19, 2018 re: Deposition of Joseph Landes. Document filed by John Nypl. (Attachments: #1 Exhibit Notice of Deposition of Joseph Landes)(Alioto, Joseph)
April 18, 2018 Opinion or Order ***DELETED DOCUMENT. Deleted document number #1018 NOTICE OF FILING OF OFFICIAL TRANSCRIPT. The document was incorrectly filed in this case. (tn)
April 16, 2018 Opinion or Order LETTERS ROGATORY ISSUED on April 16, 2018, and picked up by Scott+Scott Attorneys at Law LLP, to obtain the testimony of Kevin Connors in the United Kingdom, London. (dt)
April 16, 2018 Opinion or Order Filing 1017 MEMO ENDORSEMENT on re: #1016 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 4/13/2018 re: Request to exceed page limits in reply briefs. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., et al. ENDORSEMENT: Class counsel shall file a courtesy copy of the fully briefed motions per the Court's Individual Rules. So ordered. (Signed by Judge Lorna G. Schofield on 4/16/2018) (rjm)
April 13, 2018 Opinion or Order Filing 1016 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 4/13/2018 re: Request to exceed page limits in reply briefs. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
April 13, 2018 Opinion or Order Filing 1015 MEMO ENDORSEMENT with respect to #1012 Motion to Appoint. ENDORSEMENT: Class Counsel shall respond to this motion by April 19, 2018. (Signed by Judge Lorna G. Schofield on 4/13/2018) (kgo)
April 13, 2018 Opinion or Order Set/Reset Deadlines: Responses due by 4/19/2018 (kgo)
April 12, 2018 Opinion or Order Filing 1014 SECOND AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER granting #1008 Letter Motion for Extension of Time. The page limit for Plaintiffs' opening brief in support of class certification and Defendants' opposition is expanded to 50 pages, and the page limit for Plaintiffs' reply brief is expanded to 25 pages. Expert reports need not adhere to the page limits stated in the Court's Individual Rules. The Parties shall submit a joint letter advising the Court of their views on how much time they need to complete discovery in light of the Court's ruling and the discovery completed prior to Plaintiffs' class certification motion being decided. Depositions may be taken pending the Court's ruling on Plaintiffs' class certification motion. Motions due by 12/6/2018. Deposition due by 10/26/2018. Responses due by 12/6/2018 Replies due by 12/6/2018. (Signed by Judge Lorna G. Schofield on 4/12/2018) (kgo) Modified on 5/31/2018 (kgo).
April 12, 2018 Opinion or Order Filing 1013 MEMO ENDORSEMENT granting #1010 Motion to Withdraw. ENDORSEMENT: SO ORDERED. (Signed by Judge Lorna G. Schofield on 4/12/2018) (kgo)
April 12, 2018 Opinion or Order Filing 1012 MOTION to Appoint Adequate Representative and Counsel. Document filed by Keith Kornell. (Attachments: #1 Exhibit Opposition, #2 Exhibit Claim Confirmation, #3 Exhibit Claim Denial, #4 Exhibit Claim Dox, #5 Exhibit Claim Dox)(Pentz, John)
April 12, 2018 Opinion or Order Set/Reset Deadlines: Deposition due by 10/26/2018. Responses due by 12/6/2018 Replies due by 12/6/2018. (kgo)
April 11, 2018 Opinion or Order Minute Entry for proceedings held before Judge Lorna G. Schofield: Motion Hearing held on 4/11/2018/ Associated Cases: 1:13-cv-07789-LGS et al.(jcs)
April 10, 2018 Opinion or Order Filing 1011 RESPONSE to Motion re: #1010 MOTION to Withdraw Objection. . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
April 10, 2018 Opinion or Order Filing 1010 MOTION to Withdraw Objection. Document filed by Gregory Galan.(Pentz, John)
April 9, 2018 Opinion or Order Filing 1009 NOTICE of Change of Name. Document filed by Bank of Tokyo-Mitsubishi UFJ Ltd.. (Gallo, Kenneth)
April 3, 2018 Opinion or Order Filing 1008 LETTER MOTION for Extension of Time regarding Class Certification and Related Expert Discovery addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 04/03/2018. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
April 2, 2018 Opinion or Order Filing 1007 ORDER: It is hereby ORDERED that the pre-motion conference concerning non-settling Defendants' proposed motion for class certification in this matter previously scheduled for April 4, 2018 at 11:00 a.m., is rescheduled for April 11, 2018 at 11:15 a.m., due to a scheduling conflict. Any parties not located within the metropolitan area who wish to participate telephonically may do so by advising the Court, convening all parties on the line and calling chambers at (212) 805-0288. (Signed by Judge Lorna G. Schofield on 4/2/2018) (ap)
April 2, 2018 Opinion or Order Filing 1006 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 4/2/2018 re: continuing need for redactions. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
April 2, 2018 Opinion or Order Filing 1005 ORDER: It is hereby ORDERED that the pre-motion conference concerning non-settling Defendants' proposed motion for class certification in this matter previously scheduled for April 4, 2018 at 11:00 a.m., is rescheduled for April 11, 2018 at 11:15 a.m., due to a scheduling conflict. Any parties not located within the metropolitan area who wish to participate telephonically may do so by advising the Court, convening all parties on the line and calling chambers at (212) 805-0288. Motion Hearing set for 4/11/2018 at 11:15 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 4/2/2018) (kgo)
March 30, 2018 Opinion or Order LETTERS ROGATORY ISSUED on March 29, 2018, and picked up by Scott+Scott Attorneys at Law LLP, to obtain the testimony of Mike Leighton and Graeme King in the United Kingdom, London. (km)
March 27, 2018 Opinion or Order Filing 1004 NOTICE of of Firm Name Change. Document filed by The City of Philadelphia, Board of Pensions and Retirement. (Snyder, Joshua)
March 26, 2018 Opinion or Order Filing 1003 LETTER addressed to Judge Lorna G. Schofield from Chan Ah Wah and Lim C.K. Willy, dated 3/24/18 re: IN RE FOREIGN EXCHANGE BENCHMARK RATES ANTITRUST LITIG. 13CV7789-LGS CHAN AH WAH V. NORTHERN FOOD I/E. INC. 17CV6002 -CM: 2-17CV5813 CM(JFB) JOINT AGREEMENT FOR CASE RESOLUTION, TREATMENT AS SUBPART OF INCOME. (sc)
March 26, 2018 Opinion or Order Filing 1002 LETTER addressed to Judge Lorna G. Schofield from David G. Januszewski dated March 26, 2018 re: Response to Plaintiffs' pre-motion letter regarding their anticipated class certification motion (ECF No 1000). Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC.(Januszewski, David)
March 19, 2018 Opinion or Order Filing 1001 MEMO ENDORSEMENT on re: (990 in 1:13-cv-07789-LGS) Letter filed by U.S. Department of Justice, (292 in 1:15-cv-09300-LGS) Letter filed by Department of Justice (DOJ). ENDORSEMENT: Application GRANTED. The discovery stay is extended until June 8, 2018. For the reasons stated in this letter and in the ex parte affidavit emailed to the Court on March 12, 2018, Nypl Plaintiffs' objection regarding this request (15 Civ. 9300, Dkt. 296) is OVERRULED. (Signed by Judge Lorna G. Schofield on 3/19/2018) (kgo)
March 19, 2018 Opinion or Order Filing 1000 LETTER MOTION for Extension of Time to file class certification briefing addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 3/19/2018. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
March 19, 2018 Opinion or Order Filing 999 NOTICE OF CHANGE OF ADDRESS by Daniel Jay Mogin on behalf of Haverhill Retirement System. New Address: MoginRubin LLP, One America Plaza, 600 W. Broadway, Suite 3300, San Diego, CA, USA 92101, 619.687.6611. (Mogin, Daniel)
March 16, 2018 Opinion or Order Filing 998 LETTER addressed to Judge Lorna G. Schofield from Chan Ah Wah and Lim C.K. Willy, dated 3/14/18 re: IN RE FOREIGN EXCHANGE BENCHMARK RATES ANTITRUST LITIG. 13-CV- 7789 LGS/ CHAN AH WAH V. NORTHERN FOOD I/E. INC. 17-CV-6002 CM JOINT AGREEMENT FOR CASE RESOLUTION, TREATMENT AS SUBPART OF INCOME. Document filed by Ah Wah Chan, Lim Cheok Kee Willy.(sc)
March 16, 2018 Opinion or Order Filing 997 NOTICE OF APPEARANCE by Charles Matthew Miller on behalf of Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Miller, Charles)
March 16, 2018 Opinion or Order Filing 996 NOTICE OF APPEARANCE by Richard Carl Schoenstein on behalf of Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Schoenstein, Richard)
March 16, 2018 Opinion or Order Filing 995 LETTER addressed to Judge Lorna G. Schofield from Chan Ah Wah and Lim C.K. Willy, dated 3/14/18 re: IN RE FOREIGN EXCHANGE BENCHMARK RATES ANTITRUST LITIG. 13-CV-7789-LGS/ CHAN AH WAH V. NORTHERN FOOD I/E. INC. 17-CV-6002 CM - JOINT AGREEMENT FOR CASE RESOLUTION, TREATMENT AS SUBPART OF INCOME. Document filed by Ah Wah Chan, Cheok Kee Willy Lim.(sc)
March 15, 2018 Opinion or Order Filing 994 LETTER addressed to Judge Lorna G. Schofield from Chan Ah Wah and Lim C.K.Willy, dated 3/14/18 re: IN RE FOREIGN EXCHANGE BENCHMARK RATES ANTITRUST LITIG. 13-CV-7789-LGS/ CHAN AH WAH V. NORTHERN FOOD I/E. INC. 17-CV-6002-CM - JOINT AGREEMENT FOR CASE RESOLUTION, TREATMENT AS SUBPART OF INCOME. Document filed by Bank Of America Corporation, Chan Ah Wah, Lim Cheok Kee Willy, Chan Ah Wah.(sc)
March 15, 2018 Opinion or Order Filing 993 LETTER addressed to Judge Colleen McMahon from Chan Ah Wah and Lim C.K. Willy, dated 3/14/18 re: IN RE FOREIGN EXCHANGE BENCHMARK RATES ANTITRUST LITIG. 13-CV-7789-LGS/ CHAN AH WAH V. NORTHERN FOOD I/E. INC. 17CV6003-CM - JOINT AGREEMENT FOR CASE RESOLUTION, TREATMENT AS SUBPART OF INCOME. Document filed by Ah Wah Chan, Cheok Kee Willy Lim.(sc)
March 14, 2018 Opinion or Order LETTERS ROGATORY ISSUED on March 13, 2018, and picked up by Scott+Scott Attorneys at Law LLP, to be served in the United Kingdom. (km)
March 13, 2018 Opinion or Order ***DELETED DOCUMENT. Deleted document number #993 MEMO ENDORSEMENT. The document was incorrectly filed in this case. (ap)
March 13, 2018 Opinion or Order ***DELETED DOCUMENT. Deleted document number Court only. The document was incorrectly filed in this case. (ap)
March 13, 2018 Opinion or Order Filing 992 MEMO ENDORSEMENT: on re: (292 in 1:15-cv-09300-LGS) Letter filed by Department of Justice (DOJ). ENDORSEMENT: Nypl Plaintiffs may file a letter stating their objections by March 16, 2018. (Docketed in 13cv7789 and 15cv9300) (Signed by Judge Lorna G. Schofield on 3/13/2018) (ap)
March 13, 2018 Opinion or Order Terminate Transcript Deadlines. (ap)
March 12, 2018 Opinion or Order Filing 991 ORDER granting #988 Letter Motion for Extension of Time. Application granted. The deadline to submit claim forms is extended to May 16, 2018. Class Counsel shall file a letter by 12:00 p.m. on May 22, 2018, reporting the results of the claims process, including number and percentage of claimants, percentage return on the dollar, and any other information necessary to inform the Court of the actual results of the claims process. If such information is not available by May 22, 2018, the Fairness Hearing will be adjourned. The Court would appreciate advance notice if that is the case. (Signed by Judge Lorna G. Schofield on 3/12/2018) (mro)
March 12, 2018 Opinion or Order Filing 990 LETTER addressed to Judge Lorna G. Schofield from Benjamin Sirota dated March 12, 2018 re: Discovery Stay Extension. Document filed by U.S. Department of Justice.(Sirota, Benjamin)
March 9, 2018 Opinion or Order Filing 989 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 3/9/2018 re: Joint status letter. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
March 9, 2018 Opinion or Order Filing 988 LETTER MOTION for Extension of Time to extend deadline to submit claim forms addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 3/9/2018. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
March 9, 2018 Opinion or Order Filing 987 ORDER: It is hereby ORDERED that the conference scheduled in this matter for March 14, 2018, is CANCELED. Class Counsel shall attend the conference in Chan Ah Wah, et al. v. HSBC North America Holdings Inc., et al., 15 Civ. 8974, and Ah Wah Chan, et al. v. HSBC North America Holdings Inc., et al., 17 Civ. 6863, scheduled for 11:20 a.m. on March 21, 2018. (Signed by Judge Lorna G. Schofield on 3/9/2018) (ap)
March 6, 2018 Opinion or Order Filing 986 MEMO ENDORSEMENT: on re: #979 Letter filed by Royal Bank of Scotland Group, PLC. ENDORSEMENT: Application GRANTED. The Clerk of Court is respectfully directed to remove Mr. Shioleno's registration as counsel of record. Attorney Lewis Charles Shioleno terminated. (Signed by Judge Lorna G. Schofield on 3/6/2018) (ap)
March 6, 2018 Opinion or Order Filing 985 ORDER: With apologies for multiple schedule changes, it is hereby ORDERED that the conference currently scheduled for March 7, 2018 at 11:15 a.m. is adjourned to March 14, 2018 at 11:15 a.m. because of expected inclement weather. Initial Conference set for 3/14/2018 at 11:15 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 3/6/2018) (kgo)
March 6, 2018 Opinion or Order Filing 984 ORDER: It is hereby ORDERED that the conference in this matter previously scheduled for March 7, 2018 at 10:50 a.m., is adjourned to March 7, 2018 at 11:15 a.m., due to a scheduling conflict. Initial Conference set for 3/7/2018 at 11:15 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 3/6/2018) (kgo)
March 5, 2018 Opinion or Order Filing 983 NOTICE OF CHANGE OF ADDRESS by Julie A. Kearns on behalf of Haverhill Retirement System. New Address: Scott+Scott Attorneys at Law LLP, 600 W. Broadway, Suite 3300, San Diego, CA, US 92101, 619-233-4565. (Kearns, Julie)
March 5, 2018 Opinion or Order Filing 982 NOTICE OF CHANGE OF ADDRESS by Stephanie Ann Hacket on behalf of Haverhill Retirement System. New Address: Scott+Scott Attorneys at Law LLP, 600 W. Broadway, Suite 3300, San Diego, CA, US 92101, 619-233-4565. (Hacket, Stephanie)
March 5, 2018 Opinion or Order Filing 981 NOTICE OF CHANGE OF ADDRESS by Walter W. Noss on behalf of Haverhill Retirement System. New Address: Scott+Scott Attorneys at Law LLP, 600 W. Broadway, Suite 3300, San Diego, CA, US 92101, 619-233-4565. (Noss, Walter)
March 5, 2018 Opinion or Order Filing 980 NOTICE OF CHANGE OF ADDRESS by Christopher M. Burke on behalf of Haverhill Retirement System. New Address: Scott+Scott Attorneys at Law LLP, 600 W. Broadway, Suite 3300, San Diego, CA, US 92101, 619-233-4565. (Burke, Christopher)
March 5, 2018 Opinion or Order Filing 979 LETTER addressed to Judge Lorna G. Schofield from Lewis Charles Shioleno dated March 5, 2018 re: To Withdraw as Counsel of Record. Document filed by Royal Bank of Scotland Group, PLC.(Shioleno, Lewis)
February 27, 2018 Opinion or Order Filing 978 MEMO ENDORSEMENT granting #977 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. (Attorney Sonia Marquez terminated.) (Signed by Judge Lorna G. Schofield on 2/27/2018) (ras)
February 26, 2018 Opinion or Order Filing 977 MOTION for Sonia Marquez to Withdraw as Attorney . Document filed by Standard Chartered Bank.(Crowell, Nicholas)
February 21, 2018 Opinion or Order Filing 976 ORDER: It is hereby ORDERED that the Pro Se Intake Unite shall not accept any future submissions from the Chans for filing in this case. (Signed by Judge Lorna G. Schofield on 2/21/2018) (kgo)
February 20, 2018 Opinion or Order Filing 975 LETTER addressed to Judge Lorna G. Schofield from Gregory T. Casamento dated 2/20/18 re: February 13, 2018 Court Order (ECF 969). Document filed by HSBC Bank USA, N.A., HSBC Bank plc, HSBC Holdings plc, HSBC North America Holdings, Inc., HSBC Securities (USA) Inc.. (Attachments: #1 Affidavit of Service by U.S. Mail and E-mail)(Casamento, Gregory)
February 20, 2018 Opinion or Order Filing 974 MEMO ENDORSEMENT denying #971 Motion for SUBSTITUTION OF REAL PARTY IN INTEREST. ENDORSEMENT: Application DENIED. Chan Ah Wah and Lim Cheok Kee are not plaintiffs in this Action. (Signed by Judge Lorna G. Schofield on 2/20/2018) (kgo)
February 17, 2018 Opinion or Order Filing 973 LETTER addressed to Judge Lorna G. Schofield from Chan Ah Wah and Lim Cheok K. Willy, dated 2/19/18 re: IN RE FOREIGN EXCHANGE BENCHMARK RATES ANTITRUST LITIGATION/ JOINT AGREEMENT FOR CASE RESOLUTION. (sc)
February 16, 2018 Opinion or Order Filing 972 NOTICE of Objection to Motion for Final Approval of Settlements re: #924 MOTION to Approve Fifteen Settlement Agreements and Plan of Distribution .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Casey Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Cover Letter and Objection, #2 Declaration of J. Brian McTigue, #3 Exhibits to Declaration of J. Brian McTigue (Part 1), #4 Exhibits to Declaration of J. Brian McTigue (Part 2), #5 Exhibits to Declaration of J. Brian McTigue (Part 3), #6 Exhibits to Declaration of J. Brian McTigue (Part 4), #7 Exhibits to Declaration of J. Brian McTigue (Part 5), #8 Exhibits to Declaration of J. Brian McTigue (Part 6))(Hausfeld, Michael)
February 16, 2018 Opinion or Order Filing 971 PLAINTIFFS' CONSENT MOTION FOR SUBSTITUTION OF REAL PARTY IN INTEREST. (sc)
February 13, 2018 Opinion or Order Filing 970 ORDER: It is hereby ORDERED that a conference pursuant to Rule 16 of the Federal Rules of Civil Procedure for the Chan Actions will be held March 7, 2018, at 10:50 a.m.; as further set forth herein. It is further ORDERED that FOREX Class Counsel shall attend the conference. Counsel for HSBC shall inform FOREX Class Counsel about this Order as soon as possible. Initial Conference set for 3/7/2018 at 10:50 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 2/13/2018) (mro)
February 13, 2018 Opinion or Order Filing 969 ORDER: WHEREAS, by letter dated January 23, 2018, the HSBC defendants ("HSBC") explained their determination that Chan Ah Wah and Lim Cheok Kee (the "Chans") are not members of the settlement class; WHEREAS, the Chans have since filed letters at Docket Nos. 954, 956, 958, 959, 962, 966 and 968. It is hereby ORDERED that HSBC shall file a response to these letters by February 20, 2018. (Signed by Judge Lorna G. Schofield on 2/13/2018) (kgo)
February 12, 2018 Opinion or Order Filing 968 LETTER addressed to Judge Lorna G. Schofield from Chan Ah Wah and Lim C. Kee, dated 2/7/18 re: IN RE: FOREIGN EXCHANGE BENCHMARK RATES ANTITRUST LITIGATION / CLASS MEMBERSHIP UPDATE & RELATED CLAIM. (sc)
February 9, 2018 Opinion or Order Filing 967 NOTICE OF APPEARANCE by Alyssa Beaver Gomez on behalf of RBS Securities, Inc., Royal Bank of Scotland Group, PLC. (Gomez, Alyssa)
February 7, 2018 Opinion or Order Filing 965 ORDER GRANTING PLAINTIFFS' CONSENT MOTION FOR SUBSTITUTION OF REAL PARTY IN INTEREST granting #964 Motion to Substitute Party. Upon consideration of Plaintiffs' Motion for Substitution of Real Party in Interest, and for good cause appearing, it is hereby ORDERED that Plaintiffs' Motion is GRANTED. Casey Sterk is hereby substituted as the named party plaintiff in place of Kimberly Sterk and Jeffrey Sterk. Casey Sterk added. Kimberly Sterk, Kimberly Sterk, Jeffrey Sterk and Jeffrey Sterk terminated. (Signed by Judge Lorna G. Schofield on 2/7/2018) (mro)
February 6, 2018 Opinion or Order Filing 966 LETTER addressed to Judge Lorna G. Schofield from Chan Ah Wah and Lim C. Kee, dated 2/7/18 re: IN RE FOREIGN EXCHANGE BENCHMARK RATES ANTITRUST LITIGATION/ CLASS MEMBERSHIP UPDATE AND RELATED CLAIM. (sc)
February 6, 2018 Opinion or Order Filing 964 CONSENT MOTION to Substitute Party. Old Party: Kimberly Sterk, Jeffrey Sterk, New Party: Casey Sterk . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Text of Proposed Order)(Burke, Christopher)
February 6, 2018 Opinion or Order Filing 963 RESPONSE in Opposition to Motion re: #937 MOTION for Attorney Fees and Reimbursement of Litigation Expenses. Objections. Document filed by Crown and Korn, Gregory Galan, Keith Kornell. (Attachments: #1 Exhibit Proof of Class Membership, #2 Exhibit Proof of Class Membership, #3 Exhibit Article, #4 Exhibit Fee Agreement)(Pentz, John)
February 5, 2018 Opinion or Order Filing 962 LETTER addressed to Judge Lorna G. Schofield from Chan Ah Wah and Lim C. Kee, dated 2/3/18 re: IN RE FOREIGN EXCHANGE BENCHMARK RATES ANTITRUST LITIGATION/ CLASS MEMBERSHIP UPDATE AND RELATED CLAIM. (sc)
February 2, 2018 Opinion or Order Filing 961 NOTICE OF APPEARANCE by Matthew Tucker Insley-Pruitt on behalf of Employees' Retirement System of Puerto Rico Electric Power Authority. (Insley-Pruitt, Matthew)
February 1, 2018 Opinion or Order Filing 960 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 2/1/2018 re: Continuing need for redactions. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
February 1, 2018 Opinion or Order Filing 959 LETTER addressed to Judge Lorna G. Schofield from Chan Ah Wah and Lim C. Kee, dated 1/31/18 re: IN RE: FOREIGN EXCHANGE BENCHMARK RATES ANTITRUST LITIGATION/ CLASS MEMBERSHIP UPDATE & RELATED CLAIM. (Attachments: #1 main document)(sc)
January 30, 2018 Opinion or Order Filing 958 LETTER addressed to Judge Lorna G. Schofield from Chan Ah Wah and Lim C. Kee, dated 1/29/18 re: IN RE FOREIGN EXCHANGE BENCHMARK RATES ANTITRUST LITIGATION / CLASS MEMBERSHIP UPDATE & RELATED CLAIM. (sc)
January 29, 2018 Opinion or Order Filing 957 ORDER granting #951 Motion for John Jacob Pentz to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
January 25, 2018 Opinion or Order Filing 956 LETTER addressed to Judge Lorna G. Schofield from Chan Ah Wah and Lim Cheok Kee, dated 1/24/18 re: IN RE FOREIGN EXCHANGE BENCHMARK RATES ANTITRUST LITIGATION/ CLASS MEMBERSHIP UPDATE AND RELATED CLAIM. (sc)
January 25, 2018 Opinion or Order Filing 955 MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF ATTORNEY. ENDORSEMENT: SO ORDERED. Attorney Robert S. Khuzami terminated. (Signed by Judge Lorna G. Schofield on 1/25/2018) (kgo)
January 24, 2018 Opinion or Order Filing 954 LETTER addressed to Judge Lorna G. Schofield from Chan Ah Wah and Lim Cheok Kee, dated 1/23/18 re: IN RE FOREIGN EXCHANGE BENCHMARK RATES ANTITRUST LITIGATION/ CLASS MEMBERSHIP UPDATE & RELATED CLAIM. (sc)
January 24, 2018 Opinion or Order Filing 953 AFFIDAVIT OF SERVICE of Letter re ECF 952 served on Chan Ah Wah; Lim Cheok Kee Willy on 01/24/2018. Service was made by Mail. Document filed by HSBC Bank USA, N.A., HSBC Bank plc, HSBC Holdings plc, HSBC North America Holdings, Inc., HSBC Securities (USA) Inc.. (Attachments: #1 Appendix ECF 952)(Casamento, Gregory)
January 24, 2018 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #951 MOTION for John Jacob Pentz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14611277. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
January 23, 2018 Opinion or Order Filing 952 LETTER addressed to Judge Lorna G. Schofield from Gregory T. Casamento dated January 23, 2018 re: January 16, 2018 Order (ECF 942). Document filed by HSBC Bank plc, HSBC Holdings plc, HSBC North America Holdings, Inc., HSBC Securities (USA) Inc.. (Attachments: #1 Exhibit January 31, 2008 Statement)(Casamento, Gregory)
January 23, 2018 Opinion or Order Filing 951 MOTION for John Jacob Pentz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14611277. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Keith Kornell, Gregory Galan, Parris Girves, Crown and Korn. Return Date set for 2/3/2023 at 05:00 PM. (Attachments: #1 Affidavit, #2 Exhibit Cert Good Standing, #3 Text of Proposed Order)(Pentz, John)
January 22, 2018 Opinion or Order Filing 950 DECLARATION of Derek W. Loeser in Support re: #924 MOTION to Approve Fifteen Settlement Agreements and Plan of Distribution .. Document filed by ERISA Allocation Counsel. (Attachments: #1 Exhibit A - Expert Fiduciary Opinion, #2 Exhibit B - Biography and Representative Cases of Andrew Irving)(Loeser, Derek)
January 22, 2018 Opinion or Order Filing 949 LETTER addressed to Judge Lorna G. Schofield from Chan Ah Wah and Lim Cheok Kee Willy, dated 1/21/18 re: INFORMATION FOR CASE STATUS FOR MOTION TO COMPEL. (sc)
January 19, 2018 Opinion or Order Filing 948 MEMO ENDORSEMENT granting #946 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. Attorney Peter Sullivan terminated. (Signed by Judge Lorna G. Schofield on 1/19/2018) (mro)
January 19, 2018 Opinion or Order Filing 947 LETTER addressed to Judge Lorna G. Schofield from Chan Ah Wah and Lim Cheok Kee, dated 1/18/18 re: IN RE FOREIGN EXCHANGE BENCHMARK RATES ANTITRUST LITIGATION/ INFORMATION EVIDENT FOR IDENTIFY NEW MEMBERS. (Attachments: #1 main document)(sc)
January 18, 2018 Opinion or Order Filing 946 MOTION for Peter Sullivan to Withdraw as Attorney . Document filed by UBS AG, UBS Securities LLC.(Sullivan, Peter)
January 18, 2018 Opinion or Order Filing 945 ORDER AUTHORIZING PAYMENTS FOR SETTLEMENT ADMINISTRATION EXPENSES FROM SETTLEMENT FUNDS: granting #937 Motion for Attorney Fees. NOW, THEREFORE, IT IS HEREBY ORDERED: All terms in initial capitalization used in this Order shall have the same meanings as set forth in the Settlement Agreements and the Preliminary Approval Order, unless otherwise defined herein. The Court authorizes Class Counsel to pay up to an additional $3,000,000 (for a total of $6,500,000) from the settlement funds for reasonable Settlement Administration Expenses. Any such expenses in excess of this $6,500,000 may be paid from the settlement funds only with the approval of the Court, and as further set forth in this order. (Signed by Judge Lorna G. Schofield on 1/18/2018) (ap)
January 17, 2018 Opinion or Order Filing 944 NOTICE OF APPEARANCE by Mark Adam Kirsch on behalf of UBS AG, UBS Securities LLC. (Kirsch, Mark)
January 17, 2018 Opinion or Order Filing 943 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 1/17/2018 re: Update on settlement expenses. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A - Proposed Order, #2 Exhibit B - Expense breakdown)(Burke, Christopher)
January 16, 2018 Opinion or Order Filing 942 ORDER: It is hereby ORDERED that Class Counsel shall inform the Court if and when the Chans formally opt out of the settlement. It is further ORDERED that by January 23, 2018, HSBC shall file documents and an explanatory letter indicating that the Chans' trades were not executed in the United States. (Signed by Judge Lorna G. Schofield on 1/16/2018) (kgo)
January 16, 2018 Opinion or Order Filing 941 LETTER addressed to Judge Lorna G. Schofield from Chan Ah Wah and Lim Cheok Kee, dated 1/13/18 re: IN RE FOREIGN EXCHANGE BENCHMARK RATES ANTITRUST LITIGATION/ CLASS MEMBERSHIP UPDATE & RELATED CLAIM. (sc)
January 15, 2018 Opinion or Order Filing 940 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 1/15/2018 re: Response to Chans 1/12 Letter. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
January 12, 2018 Opinion or Order Filing 939 DECLARATION of Christopher M. Burke and Michael D. Hausfeld in Support re: #924 MOTION to Approve Fifteen Settlement Agreements and Plan of Distribution ., #937 MOTION for Attorney Fees and Reimbursement of Litigation Expenses.. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit 1 -Pltfs Info Summary, #2 Exhibit 2 - Scott Decl., #3 Exhibit 3 - Hausfeld Decl., #4 Exhibit 4 - Zelcs Decl., #5 Exhibit 5 - Kovel Decl., #6 Exhibit 6 - Asciolla Decl., #7 Exhibit 7 - Briganti Decl., #8 Exhibit 8 - Mitchell Decl., #9 Exhibit 9 - Mogin Decl., #10 Exhibit 10 - Snyder Decl., #11 Exhibit 11 - Leonard Decl., #12 Exhibit 12 - Steyer Decl., #13 Exhibit 13 - Sprengel Decl., #14 Exhibit 14 - Nussbaum Decl., #15 Exhibit 15 - Avery Decl., #16 Exhibit 16 - Entwistle Decl., #17 Exhibit 17 - Eisler Decl., #18 Exhibit 18 - Buchman Decl., #19 Exhibit 19 - J. Cohen Decl., #20 Exhibit 20 - Seaver Decl., #21 Exhibit 21 - Eisenkraft Decl., #22 Exhibit 22 - Burke Decl., #23 Exhibit 23 - Criden Decl., #24 Exhibit 24 - Dirksen Decl., #25 Exhibit 25 - Morris Decl., #26 Exhibit 26 - Cowper Decl., #27 Exhibit 27 - D. Cohen Decl., #28 Exhibit 28 - Freed Decl., #29 Exhibit 29 - Steiner Decl., #30 Exhibit 30 - Young Decl., #31 Exhibit 31 - Radice Decl., #32 Exhibit 32 - Frankel Decl., #33 Exhibit 33 - Loeser Decl., #34 Exhibit 34 Eisenberg and Miller article, #35 Exhibit 35 Part 1 Eisenberg, Miller and Germano article, #36 Exhibit 35, Part 2, #37 Exhibit 35, Part 3, #38 Exhibit 36 - Fitzpatrick article, #39 Exhibit 37 - Prof. Miller Decl., #40 Exhibit 38 - Fitzpatrick Decl., #41 Exhibit 39 - Silver Report)(Burke, Christopher)
January 12, 2018 Opinion or Order Filing 938 MEMORANDUM OF LAW in Support re: #937 MOTION for Attorney Fees and Reimbursement of Litigation Expenses. . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
January 12, 2018 Opinion or Order Filing 937 MOTION for Attorney Fees and Reimbursement of Litigation Expenses. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
January 12, 2018 Opinion or Order Filing 936 DECLARATION of Patrick Shilling in Support re: #924 MOTION to Approve Fifteen Settlement Agreements and Plan of Distribution .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Hausfeld, Michael)
January 12, 2018 Opinion or Order Filing 935 DECLARATION of Audrey Ng in Support re: #924 MOTION to Approve Fifteen Settlement Agreements and Plan of Distribution .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Hausfeld, Michael)
January 12, 2018 Opinion or Order Filing 934 DECLARATION of Michael T. Lee in Support re: #924 MOTION to Approve Fifteen Settlement Agreements and Plan of Distribution .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Hausfeld, Michael)
January 12, 2018 Opinion or Order Filing 933 DECLARATION of Tomasz Karol Idzior in Support re: #924 MOTION to Approve Fifteen Settlement Agreements and Plan of Distribution .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Hausfeld, Michael)
January 12, 2018 Opinion or Order Filing 932 DECLARATION of Jessy Hong in Support re: #924 MOTION to Approve Fifteen Settlement Agreements and Plan of Distribution .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Hausfeld, Michael)
January 12, 2018 Opinion or Order Filing 931 DECLARATION of Abigail Deering in Support re: #924 MOTION to Approve Fifteen Settlement Agreements and Plan of Distribution .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Hausfeld, Michael)
January 12, 2018 Opinion or Order Filing 930 DECLARATION of Patricia Corley in Support re: #924 MOTION to Approve Fifteen Settlement Agreements and Plan of Distribution .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Hausfeld, Michael)
January 12, 2018 Opinion or Order Filing 929 DECLARATION of Sandra Adams in Support re: #924 MOTION to Approve Fifteen Settlement Agreements and Plan of Distribution .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Hausfeld, Michael)
January 12, 2018 Opinion or Order Filing 928 DECLARATION of Jason Rabe in Support re: #924 MOTION to Approve Fifteen Settlement Agreements and Plan of Distribution .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Hausfeld, Michael)
January 12, 2018 Opinion or Order Filing 927 DECLARATION of Stephen J. Cirami in Support re: #924 MOTION to Approve Fifteen Settlement Agreements and Plan of Distribution .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Hausfeld, Michael)
January 12, 2018 Opinion or Order Filing 926 DECLARATION of Kenneth R. Feinberg in Support re: #924 MOTION to Approve Fifteen Settlement Agreements and Plan of Distribution .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Hausfeld, Michael)
January 12, 2018 Opinion or Order Filing 925 MEMORANDUM OF LAW in Support re: #924 MOTION to Approve Fifteen Settlement Agreements and Plan of Distribution . . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Hausfeld, Michael)
January 12, 2018 Opinion or Order Filing 924 MOTION to Approve Fifteen Settlement Agreements and Plan of Distribution . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Hausfeld, Michael)
January 12, 2018 Opinion or Order Filing 923 LETTER addressed to Judge Lorna G. Schofield from Chan A. Wah and Lim Cheok Kee, dated 1/11/18 re: IN RE: FOREIGN EXCHANGE BENCHMARK RATES ANTITRUST LITIGATION / INFORMATION EVIDENT FOR IDENTIFY NEW MEMBERS. (Attachments: #1 Exhibit)(sc)
January 12, 2018 Opinion or Order Filing 922 JOINT LETTER addressed to Judge Lorna G. Schofield from Plaintiffs and Credit Suisse Defendants dated January 12, 2018 re: Joint Status Letter. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC.(Hall, Jason)
January 11, 2018 Opinion or Order Filing 921 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 1/11/2018 re: Chans class status. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
January 10, 2018 Opinion or Order Filing 920 MEMO ENDORSEMENT on re: #918 Letter,,,, filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Jeffrey Sterk, Kimberly Sterk, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge Lorna G. Schofield on 1/10/2018) (kgo)
January 10, 2018 Opinion or Order Filing 919 LETTER addressed to Judge Lorna G. Schofield from Chan A. Wah and Lim C. Kee, dated 1/9/18 re: INFORMATION FOR CASE STATUS FOR MOTION TO COMPEL. (sc)
January 8, 2018 Opinion or Order Filing 918 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 1/8/2018 re: Request to exceed page limits. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
January 8, 2018 Opinion or Order Filing 917 LETTER addressed to Judge Lorna G. Schofield from Chan A. Wah and Lim C. Kee, dated 1/5/18 re: INFORMATION FOR CASE STATUS FOR MOTION TO COMPEL. (sc)
January 3, 2018 Opinion or Order Filing 916 LETTER addressed to Judge Lorna G. Schofield from Chan Ah Wah and Lim Cheok Kee, dated 1/3/17 re: IN RE FOREIGN EXCHANGE BENCHMARK RATES ANTITRUST LITIGATION / INFORMATION FOR CASE STATUS FOR MOTION TO COMPEL. (sc) Modified on 1/5/2018 (tn).
January 2, 2018 Opinion or Order Filing 915 LETTER addressed to Judge Lorna G. Schofield from Chan Ah Wah & Lim Cheok Kee Willy, dated 1/2/18 re: INFORMATION FOR CASE STATUS FOR MOTION TO COMPEL. (Attachments: #1 same document, #2 Exhibit)(sc)
December 28, 2017 Opinion or Order Filing 914 LETTER addressed to Judge Lorna G. Schofield from Lim Cheok K. Willy, and Chan Ah Wah dated 12/28/17 re: (MOTION TO COMPEL FOR RELIEF). Document filed by Lim Cheok K. Willy and Chan Ah Wah.(sc) Modified on 12/29/2017 (sc).
December 19, 2017 Opinion or Order Filing 913 MEMO ENDORSEMENT: on re: (911 in 1:13-cv-07789-LGS) Letter filed by U.S. Department of Justice, (268 in 1:15-cv-09300-LGS) Letter filed by Department of Justice (DOJ). ENDORSEMENT: For the reasons stated in this letter, Nypl Plaintiffs' objection to the DOJ's request for a three month-extension of the discovery stay in the above-mentioned matters (15 Civ. 9300, Dkt. 266) is OVERRULLED. The DOJ's application regarding the same (13 Civ. 7789, Dkt. 908) is GRANTED. The discovery stay is extended until March 8, 2018. (Signed by Judge Lorna G. Schofield on 12/19/2017) (ap) Modified on 2/14/2018 (ap).
December 18, 2017 Opinion or Order Filing 912 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 12/18/2017 re: Response to Chan letter. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
December 18, 2017 Opinion or Order Filing 911 FIRST LETTER addressed to Judge Lorna G. Schofield from Benjamin Sirota dated December 18, 2017 re: Reply to Nypl Plaintiffs re Discovery Stay Extension. Document filed by U.S. Department of Justice.(Sirota, Benjamin)
December 13, 2017 Opinion or Order ***DELETED DOCUMENT. Deleted document number 910 Memo Endorsement. The document was incorrectly filed in this case. (ama)
December 12, 2017 Opinion or Order Filing 909 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/6/2017 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/2/2018. Redacted Transcript Deadline set for 1/12/2018. Release of Transcript Restriction set for 3/12/2018.(McGuirk, Kelly)
December 12, 2017 Opinion or Order ***DELETED DOCUMENT. Deleted document number 910 TRANSCRIPT of Proceedings re: conference held on 12/6/2017 before Judge Lorna G. Schofield. The document was incorrectly filed in this case. (tn)
December 11, 2017 Opinion or Order Filing 908 MEMO ENDORSEMENT on re: (261 in 1:15-cv-09300-LGS) Letter, filed by John Nypl. ENDORSEMENT: Application GRANTED. Plaintiffs may file their objection by December 12, 2017. (Signed by Judge Lorna G. Schofield on 12/11/2017) (kgo)
December 8, 2017 Opinion or Order Filing 907 LETTER addressed to Judge Lorna G. Schofield from Benjamin Sirota dated December 8, 2017 re: Discovery Stay Extension. Document filed by U.S. Department of Justice.(Sirota, Benjamin)
December 6, 2017 Opinion or Order Minute Entry for proceedings held before Judge Lorna G. Schofield: Telephone Conference held on 12/6/2017. (jcs)
December 6, 2017 Opinion or Order Filing 906 ORDER: granting (900) Letter Motion for Extension of Time to File in case 1:13-cv-07789-LGS. Absent agreement, depositions of Plaintiffs' class experts or other affiants in support of the motion shall be completed by 6/29/2018. Absent agreement, depositions of Defendants' class experts or other affiants in support of the motion shall be completed by 9/14/2018. Plaintiffs shall file a class certification pre-motion letter by March 19, 2018. Defendants shall file a responsive letter by March 26, 2018. A conference will be held on April 4, 2018, at 11:00 a.m. to discuss the motion. Deposition due by 9/14/2018. Motion hearing set for 4/4/2018, at 11:00 A.M. (Signed by Judge Lorna G. Schofield on 12/6/2017) Filed In Associated Cases: 1:13-cv-07789-LGS et al. (ap) Modified on 12/7/2017 (ap). Modified on 12/7/2017 (ap).
December 6, 2017 Opinion or Order Filing 905 NOTICE OF CHANGE OF ADDRESS by Michelle Elizabeth Conston on behalf of Haverhill Retirement System. New Address: Scott+Scott, Attorneys at Law, LLP, 230 Park Avenue, 17th Floor, New York, NY, USA 10169, 212-223-6444. (Conston, Michelle)
December 6, 2017 Opinion or Order Set/Reset Deadlines as to (Motion Hearing set for 4/4/2018 at 11:00 AM before Judge Lorna G. Schofield.) Set/Reset Deadlines: (Deposition due by 9/14/2018.) Associated Cases: 1:13-cv-07789-LGS et al.(ap)
November 28, 2017 Opinion or Order Filing 904 ORDER with respect to #900 Letter Motion for Extension of Time to File. A telephone conference will be held on December 6, 2017, at 11:40 a.m. to discuss the proposed extension. (Signed by Judge Lorna G. Schofield on 11/28/2017) (mro)
November 28, 2017 Opinion or Order Filing 903 MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF COUNSEL. John Francis Terzaken III hereby withdraws as counsel for Defendants BNP Paribas Group and BNP Paribas North America in the above-captioned matter. ENDORSEMENT: The Clerk of Court is respectfully directed to terminate Mr. Terzaken on the docket. Attorney John Terzaken terminated. (Signed by Judge Lorna G. Schofield on 11/28/2017) (mro)
November 28, 2017 Opinion or Order Set/Reset Hearings: Telephone Conference set for 12/6/2017 at 11:40 AM before Judge Lorna G. Schofield. (mro)
November 28, 2017 Opinion or Order Filing 902 NOTICE OF APPEARANCE by Michelle Elizabeth Conston on behalf of Haverhill Retirement System. (Conston, Michelle)
November 28, 2017 Opinion or Order Filing 901 NOTICE OF APPEARANCE by Michael E. Klenov on behalf of Haverhill Retirement System. (Klenov, Michael)
November 27, 2017 Opinion or Order Filing 900 JOINT LETTER MOTION for Extension of Time to File class certification briefing addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld and David G. Januszewski dated 11/27/2017. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Amended Order, #2 Redlined Comparison)(Burke, Christopher)
November 17, 2017 Opinion or Order Filing 899 MEMO ENDORSEMENT on re: #898 Letter,,,, filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Jeffrey Sterk, Kimberly Sterk, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller. ENDORSEMENT: Class Counsel shall promptly advise the Court if and when Lead Plaintiffs and Defendant HSBC definitively determine that the Chans are not classmembers, in which case the stay imposed in their case, No. 15 Civ. 8974, will be lifted and that case will be separately adjudicated. (Signed by Judge Lorna G. Schofield on 11/17/2017) (kgo)
November 15, 2017 Opinion or Order Filing 898 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 11/15/2017 re: Response to November 9 Order. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
November 15, 2017 Opinion or Order Filing 897 LETTER addressed to Judge Lorna G. Schofield from Chan Ah Wah and Lim C. Kee Willy, non-parties, dated 11/14/17 re: IN RE FOREIGN BENCHMARK RATES ANTITRUST LITIGATION / CASE STATUS. (sc) Modified on 11/15/2017 (sc). Modified on 11/15/2017 (sc).
November 10, 2017 Opinion or Order Filing 896 LETTER addressed to Judge Lorna G. Schofield from Jason M. Hall dated November 10, 2017 re: Plaintiffs and Credit Suisse entities joint status letter. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC.(Hall, Jason)
November 9, 2017 Opinion or Order Filing 895 ORDER. It is hereby ORDERED that Class Counsel shall communicate with the Chans and endeavor to resolve any notice or claim issues as soon as possible. It is further ORDERED that Class Counsel shall file a letter as soon as possible and no later than November 27, 2017, updating the Court on the status of any such issues. (Signed by Judge Lorna G. Schofield on 11/9/2017) (rjm)
November 8, 2017 Opinion or Order Filing 894 LETTER addressed to Judge Lorna G. Schofield from Chan Ah Wah and Lim Cheok Kee Willy, dated 11/7/17 re: CASE STATUS. (sc)
November 1, 2017 Opinion or Order Filing 893 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 11/1/2017 re: Continuing need for redactions to TAC. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
October 18, 2017 Opinion or Order Filing 892 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/29/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
October 18, 2017 Opinion or Order Filing 891 TRANSCRIPT of Proceedings re: CONFERENCE held on 9/29/2017 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Jennifer Thun, (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 11/8/2017. Redacted Transcript Deadline set for 11/20/2017. Release of Transcript Restriction set for 1/16/2018.(McGuirk, Kelly)
October 6, 2017 Opinion or Order Filing 890 NOTICE of Filing Certificate of Translation. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A)(Burke, Christopher)
October 6, 2017 Opinion or Order Filing 889 LETTER addressed to Judge Lorna G. Schofield from Michael D. Hausfeld & Christopher M. Burke dated September 29, 2017 re: settlement with Deutsche Bank AG. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Hausfeld, Michael)
October 5, 2017 Opinion or Order Filing 888 SEALED DOCUMENT placed in vault.(rz)
October 2, 2017 Opinion or Order Filing 886 ORDER: It is hereby ORDERED that by October 6, 2017, the parties shall file their letter and the additional agreement under seal and shall file a redacted version of the letter and agreement (as shown on Exhibit B to the letter) on ECF. (Signed by Judge Lorna G. Schofield on 10/2/2017) (kgo)
October 2, 2017 Opinion or Order Filing 885 ENDORSED LETTER addressed to Judge Lorna G. Schofield from Kenneth R. Feinberg dated 9/27/2017 re: request Court approval to resign as Settlement Administrator. ENDORSEMENT: Application GRANTED. Mr. Kenneth R. Feinberg's request to resign as Settlement Administrator for In re Foreign Exchange Benchmark Rates Antitrust Litigation is hereby approved. (Signed by Judge Lorna G. Schofield on 10/2/2017) (ras)
October 2, 2017 Opinion or Order Filing 884 ORDER granting #873 Motion for John V. Coghlan to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
September 29, 2017 Opinion or Order Minute Entry for proceedings held before Judge Lorna G. Schofield: Status Conference held on 9/29/2017. (jcs)
September 29, 2017 Opinion or Order Filing 883 ORDER: This order supersedes the Courts Order Approving the Form and Manner of Notice of Settlements and Preliminarily Approving the Plan of Distribution, dated December 20, 2016. ECF No. 700. The Court approves, as to form and content, the Notice of Class Action Settlements, the Proof of Claim and Release and the Summary Notice of Class Action Settlements, substantially in the form attached as Exhibits 2 through 4, respectively, to the Declaration of Christopher M. Burke and Michael D. Hausfeld, dated September 29, 2017, ECF No. 877. All fees, costs, and expenses incurred in identifying and notifying members of the Settlement Classes shall be paid as set forth in the Settlement Agreements. For the avoidance of doubt, this includes all fees, costs and expenses of Settling Defendants' agent (Rust Consulting) with the exception that Settling Defendants shall pay any non-postage related costs of their agent (Rust Consulting) to the extent such costs exceed what the Claims Administrator would reasonably charge for such services and to the extent any costs of administration incurred by the Claims Administrator and Rust Consulting together exceed $2,000,000 (two million dollars). Unless the Court orders otherwise, all Claim Forms must be submitted to the Claims Administrator so that they are postmarked by March 22, 2018 or submitted online by 11:59 p.m. Eastern time on March 22, 2018. The Fairness Hearing shall be held before this Court on May 23, 2018 at 4:00 P.M., at the United States District Court for the Southern District of New York, Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York 10007, to determine the following herein. All papers in support of the motion for final approval and any application for attorneys' fees and/or costs and expenses shall be filed and served no later than January 12, 2018, and any reply papers (which may include a response to objections, if any) shall be filed and served no later than April 23, 2018. The Clerk of Court is respectfully directed to record on the Court calendar The Fairness Hearing on May 23, 2018 at 4:00 P.M. (As further set forth herein.) Motions due by 1/12/2018. Replies due by 4/23/2018. ( Fairness Hearing set for 5/23/2018 at 04:00 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 9/29/2017) (kgo)
September 29, 2017 Opinion or Order Filing 882 ORDER PRELIMINARILY APPROVING SETTLEMENT, CONDITIONALLY CERTIFYING THE SETTLEMENT CLASSES AND APPOINTING CLASS COUNSEL AND CLASS REPRESENTATIVES FOR THE SETTLEMENT CLASSES granting #874 Letter Motion for Leave to File Excess Pages; granting #875 Motion for Settlement. The Settlement Agreement is hereby preliminarily approved, subject to further consideration at the Fairness Hearing described herein. Pursuant to Rule 23(g) of the Federal Rules of Civil Procedure, and solely for settlement purposes, the following counsel herein are designated as settlement class counsel for the Settlement Classes. All reasonable expenses incurred in identifying and notifying potential Class Members as well as administering the Settlement Fund shall be paid as set forth in the Settlement Agreement up to the sum of $500,000. Any such expenses in excess of $500,000 may be paid only with the approval of the Court. The motion for Leave to File Excess Pages is GRANTED. The Clerk of Court is respectfully directed to close the motions at Docket Nos. 874 and 875. (As further set forth herein.) (Signed by Judge Lorna G. Schofield on 9/29/2017) (kgo)
September 29, 2017 Opinion or Order Filing 880 NOTICE OF APPEARANCE by Rebecca Rose Delfiner on behalf of BNP Paribas Group, BNP Paribas North America, Inc.. (Delfiner, Rebecca)
September 29, 2017 Opinion or Order Filing 879 ORDER: It is hereby ORDERED that the parties shall attend a status conference to discuss this issue on September 29, 2017, at 2:15 P.M. Any party that cannot attend in person may attend by telephone by calling Chambers when all parties are on the line. Status Conference set for 9/29/2017 at 02:15 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 9/29/2017) (kgo) (Main Document 879 replaced on 9/29/2017) (kgo).
September 29, 2017 Opinion or Order Filing 878 DECLARATION of KENNETH R. FEINBERG in Support re: #875 MOTION for Settlement (Preliminary Approval).. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Hausfeld, Michael)
September 29, 2017 Opinion or Order Filing 877 DECLARATION of Michael D. Hausfeld & Christopher M. Burke in Support re: #875 MOTION for Settlement (Preliminary Approval).. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Hausfeld, Michael)
September 29, 2017 Opinion or Order Filing 876 MEMORANDUM OF LAW in Support re: #875 MOTION for Settlement (Preliminary Approval). . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Hausfeld, Michael)
September 29, 2017 Opinion or Order Filing 875 MOTION for Settlement (Preliminary Approval). Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order)(Hausfeld, Michael)
September 29, 2017 Opinion or Order Filing 874 LETTER MOTION for Leave to File Excess Pages addressed to Judge Lorna G. Schofield from Michael D. Hausfeld & Christopher M. Burke dated 09/29/2017. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Hausfeld, Michael)
September 29, 2017 Opinion or Order Set/Reset Deadlines: Motions due by 1/12/2018. Replies due by 4/23/2018. (kgo)
September 27, 2017 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #873 MOTION for John V. Coghlan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14173294. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
September 26, 2017 Opinion or Order Filing 873 MOTION for John V. Coghlan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14173294. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by JPMorgan Chase & Co., JPMorgan Chase Bank National Association. (Attachments: #1 Exhibit A -- Certificates of Good Standing, #2 Affidavit in Support, #3 Text of Proposed Order)(Coghlan, John)
September 18, 2017 Opinion or Order Filing 872 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/5/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
September 18, 2017 Opinion or Order Filing 871 TRANSCRIPT of Proceedings re: CONFERENCE held on 9/5/2017 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Eve Giniger, (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 10/10/2017. Redacted Transcript Deadline set for 10/19/2017. Release of Transcript Restriction set for 12/18/2017.(McGuirk, Kelly)
September 18, 2017 Opinion or Order Filing 870 ORDER granting #869 Motion for Nickolas Barber to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
September 18, 2017 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #869 MOTION for Nickolas Barber to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14135633. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
September 15, 2017 Opinion or Order Filing 869 MOTION for Nickolas Barber to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14135633. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Deutsche Bank AG, Deutsche Bank Securities Inc.. (Attachments: #1 Affidavit of Nickolas Barber In Support of Motion for Admission Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing DC, #3 Exhibit B - Certificate of Good Standing NY, #4 Text of Proposed Order)(Barber, Nickolas)
September 15, 2017 Opinion or Order Filing 868 MEMO ENDORSEMENT: on granting #867 MOTION AND ORDER OF WITHDRAWAL OF APPEARANCE OF CYRUS E. ANSARI, ESQ. ENDORSEMENT: SO ORDERED. Attorney Cyrus E. Ansari terminated. (Signed by Judge Lorna G. Schofield on 9/15/2017) (ap) Modified on 9/15/2017 (ap).
September 14, 2017 Opinion or Order Filing 867 MOTION for Cyrus E. Ansari to Withdraw as Attorney . Document filed by Standard Chartered Bank.(Crowell, Nicholas)
September 8, 2017 Opinion or Order Filing 866 ORDER PRELIMINARILY APPROVING SETTLEMENTS, CONDITIONALLY CERTIFYING THE SETTLEMENT CLASSES AND APPOINTING CLASS COUNSEL AND CLASS REPRESENTATIVES FOR THE SETTLEMENT CLASSES granting #820 Motion for Settlement: NOW, THEREFORE, IT IS HEREBY ORDERED AND FOUND: All terms in initial capitalization used in this Order shall have the same meanings set forth in the Settlement Agreements, unless otherwise defined herein. Upon review of the record, the Court finds that the Settlement Agreements resulted from arm's-length negotiations between highly experienced counsel and fall within the range of possible approval. Therefore, the Settlement Agreements are hereby preliminarily approved, subject to further consideration at the Fairness Hearing described below. The Court preliminarily finds that the settlements encompassed by the Settlement Agreements raise no obvious reasons to doubt their fairness and provide a reasonable basis for presuming that the Settlement Agreements satisfy the requirements of Rules 23(c)(2) and 23(e) of the Federal Rules of Civil Procedure and due process so that an appropriate notice of the Settlement Agreements should be given, subject to the Court's separate approval of a notice plan. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, the Court preliminarily certifies, solely for purposes of effectuating the settlements set forth in the Settlement Agreements, as further set forth in this order. The Court approves the establishment of escrow accounts under the Settlement Agreements as Qualified Settlement Funds ("QSFs") pursuant to Internal Revenue Code 468B and the Treasury Regulations promulgated thereunder, and retains continuing jurisdiction as to any issue that may arise in connection with the formulation or administration of the QSFs. 14. All funds held by the Escrow Agent shall be deemed and considered to be in custodia legis, and shall remain subject to the jurisdiction of the Court, until such time as such funds shall be distributed pursuant to the Settlement Agreements and further order(s) of the Court. 15. All reasonable expenses incurred in identifying and notifying potential Class Members as well as administering the Aggregate Settlement Funds shall be paid as set forth in the Settlement Agreements up to the sum of $500,000. Any such expenses in excess of $500,000 may be paid only with the approval of the Court. In the event the Court does not approve the settlements set forth in one or more of the Settlement Agreements, or if one or more of the Settlement Agreements otherwise fails to become effective, neither Class Plaintiffs nor any of their counsel shall have any obligation to repay any amounts actually and bona fide incurred or disbursed pursuant to paragraph 10(b) of such Settlement Agreement(s). All proceedings in the Action with respect to the Settling Defendants are stayed until further order of the Court, except as may be necessary to implement the settlements set forth in the Settlement Agreements or comply with the terms thereof. Pending final determination of whether the settlements set forth in the Settlement Agreements should be approved, each Class Plaintiff and each Class Member, either directly, representatively, or in any other capacity, shall be enjoined from prosecuting in any forum any Released Claim against any of the Released Parties, and shall not sue any of the Released Parties on the basis of any Released Claims or assist any third party in commencing or maintaining any suit against any Released Party related in any way to any Released Claims, and as further set forth in this order. The Clerk of Court is respectfully directed to close the motion at Docket No. 820. (Signed by Judge Lorna G. Schofield on 9/8/2017) (jwh)
September 8, 2017 Opinion or Order Filing 865 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke dated 9/8/2017 re: Joint Status Report. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
September 8, 2017 Opinion or Order Filing 864 SUPERSEDING ORDER APPROVING THE FORM AND MANNER OF NOTICE OF SETTLEMENTS AND PRELIMINARILY APPROVING THE PLAN OF DISTRIBUTION granting #824 Motion to Approve. IT IS HEREBY ORDERED AND FOUND: All terms in initial capitalization used in this Order shall have the same meanings as set forth in the Settlement Agreements and the Preliminary Approval Orders, unless otherwise defined herein. This Order supersedes the Courts Order Approving the Form and Manner of Notice of Settlements and Preliminarily Approving the Plan of Distribution, dated December 20, 2016, ECF No. 700; and as further set forth herein. The Fairness Hearing shall be held before this Court on May 23, 2018, at 4:00 P.M., at the United States District Court for the Southern District of New York, Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York 10007, to determine: (i) whether the Settlements of the Action on the terms and conditions provided for in the Settlement Agreements are fair, reasonable and adequate to the Settlement Classes and should be granted final approval by the Court; (ii) whether a Final Judgment and Order of Dismissal, as provided for in each of the Settlement Agreements, should be entered; (iii) whether the Plan of Distribution should be finally approved; (iv) the amount of any attorneys' fees and/or litigation costs and expenses to be awarded to counsel for Class Plaintiffs; (v) whether the Court should certify the Settlement Classes, but solely for settlement purposes pursuant to Fed. R. Civ. P. 23(a), (b)(3); and (vi) such other matters as the Court may deem appropriate. All papers in support of the motion for final approval and any application for attorneys' fees and/or costs and expenses shall be filed and served no later than January 12, 2018, and any reply papers (which may include a response to objections, if any) shall be filed and served no later than April 23, 2018. The Clerk of Court is directed to close the motion at ECF No. 824, and to calendar May 23, 2018 at 4:00 p.m. as the date and time for the final fairness hearing. (Signed by Judge Lorna G. Schofield on 9/8/2017) (anc)
September 8, 2017 Opinion or Order Filing 863 MEMO ENDORSEMENT on re: (847 in 1:13-cv-07789-LGS) Letter filed by U.S. Department of Justice. ENDORSEMENT: APPLICATION GRANTED IN PART. Until December 8, 2017, depositions -- except 30(b)(6) depositions -- and interviews of former and current employees of the following Defendant banks are stayed: Citibank, JPMorgan Chase, Barclays, RBS, UBS, BNP Paribas and HSBC. Plaintiffs shall copy DOJ on any 30(b)(6) deposition notice at the time it is served on the deponent, so that DOJ may object to particular deposition topics that intrude on the ongoing investigations and trials. DOJ and Plaintiffs shall attempt to resolve any objection without Court intervention. DOJ shall advise Plaintiff on October 23, 2017, to what extent the limitations of this Order can be further narrowed to include fewer employees. The Clerk of Court is directed to docket this Order in the above captioned case and in Nypl v. JPMorgan Chase, 15 Civ. 9300 (LGS). (Signed by Judge Lorna G. Schofield on 9/8/2017) (anc)
September 8, 2017 Opinion or Order Set/Reset Deadlines: Motions due by 1/12/2018. Responses due by 4/23/2018). Set/Reset Hearings: Fairness Hearing set for 5/23/2018 at 04:00 PM before Judge Lorna G. Schofield. (anc)
September 6, 2017 Opinion or Order Filing 862 NOTICE OF APPEARANCE by Robert Alexander Lawner on behalf of Goldman Sachs & Co. LLC, The Goldman Sachs Group, Inc.. (Lawner, Robert)
September 5, 2017 Opinion or Order Minute Entry for proceedings held before Judge Lorna G. Schofield: Motion Hearing held on 9/5/2017. (jcs)
September 5, 2017 Opinion or Order Filing 861 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 9/5/2017 re: Redline comparisons of orders. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Burke, Christopher)
September 5, 2017 Opinion or Order Filing 860 NOTICE OF APPEARANCE by Harry Peter Koulos on behalf of JPMorgan Chase & Co., JPMorgan Chase Bank National Association. (Koulos, Harry)
September 5, 2017 Opinion or Order Filing 859 NOTICE OF APPEARANCE by Tansy Woan on behalf of JPMorgan Chase & Co., JPMorgan Chase Bank National Association. (Woan, Tansy)
September 1, 2017 Opinion or Order Filing 858 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 9/1/2017 re: Continuing need for redactions. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
August 31, 2017 Opinion or Order Filing 857 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 8/31/2017 re: September 5 Hearing. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
August 31, 2017 Opinion or Order Filing 856 NOTICE OF APPEARANCE by Randi Dawn Bandman on behalf of Employees' Retirement System of the Government of the Virgin Islands. (Bandman, Randi)
August 31, 2017 Opinion or Order Filing 855 ORDER: It is hereby ORDERED that the proceeding in this matter, previously scheduled for September 5, 2017 at 10:50 a.m., shall be rescheduled for September 5, 2017 at 10:40 a.m., due to a scheduling conflict. Set Deadlines/Hearing as to (Motion Hearing set for 9/5/2017 at 10:40 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 8/31/2017) (ap)
August 30, 2017 Opinion or Order Filing 854 NOTICE OF APPEARANCE by Patrick Joseph Coughlin on behalf of Employees' Retirement System of the Government of the Virgin Islands. (Coughlin, Patrick)
August 30, 2017 Opinion or Order Filing 853 NOTICE OF APPEARANCE by Randi Dawn Bandman on behalf of Employees' Retirement System of the Government of the Virgin Islands. (Bandman, Randi)
August 30, 2017 Opinion or Order Filing 852 LETTER addressed to Judge Lorna G. Schofield from Benjamin Sirota dated August 30, 2017 re: Response to Plaintiffs' August 25, 2017 Submission re Discovery Stay. Document filed by U.S. Department of Justice.(Sirota, Benjamin)
August 29, 2017 Opinion or Order Filing 851 LETTER addressed to Judge Lorna G. Schofield from Joseph M. Alioto dated August 29, 2017 re: August 23, 2017, Letter from the Department of Justice Seeking a Stay. Document filed by John Nypl.(Alioto, Joseph)
August 28, 2017 Opinion or Order Filing 850 ENDORSED LETTER addressed to Judge Lorna G. Schofield from Joseph M. Alioto dated 08/25/2017 re: The Nypl Plaintiffs respectfully request the opportunity to respond to the Department of Justices three-page letter of August 23, 2017 until Monday, August 28, 2017. ENDORSEMENT: APPLICATION GRANTED. Plaintiffs' shall submit their opposition to the DOJ's August 23, 2017 letter by August 29, 2017. No reply or further opposition shall be permitted absent Court permission. (Signed by Judge Lorna G. Schofield on 08/28/2017) (jcs)
August 25, 2017 Opinion or Order Filing 849 LETTER addressed to Judge Lorna G. Schofield from Joseph M. Alioto dated August 25, 2017 re: extension to file a response to the Department of Justice letter. Document filed by John Nypl.(Alioto, Joseph)
August 25, 2017 Opinion or Order Filing 848 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 8/25/2017 re: Response to DOJ Request for Stay. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
August 23, 2017 Opinion or Order Filing 847 LETTER addressed to Judge Lorna G. Schofield from Benjamin Sirota dated August 23, 2017 re: Discovery Stay Extension. Document filed by U.S. Department of Justice.(Sirota, Benjamin)
August 23, 2017 Opinion or Order Filing 846 SEALED DOCUMENT placed in vault.(mps)
August 22, 2017 Opinion or Order Filing 845 MEMO ENDORSEMENT: on re: #844 Letter filed by U.S. Department of Justice. ENDORSEMENT: Application GRANTED. The Department's letter may be three pages and its affidavit may be eight pages. The deadline to file the letter under seal and to file a public version is extended to August 24, 2017. (Signed by Judge Lorna G. Schofield on 8/22/2017) (ap)
August 21, 2017 Opinion or Order Filing 844 LETTER addressed to Judge Lorna G. Schofield from Benjamin Sirota dated August 21, 2017 re: Discovery Stay Extension. Document filed by U.S. Department of Justice.(Sirota, Benjamin)
August 18, 2017 Opinion or Order Filing 843 MEMO ENDORSEMENT: on re: (193 in 1:15-cv-09300-LGS) Letter filed by William Rubinsohn. ENDORSEMENT: Application GRANTED. Nypl Plaintiffs' letter shall be due August 25, 2017, and shall state how its interest will be affected by a ruling with regard to the Department's request (Signed by Judge Lorna G. Schofield on 8/18/2017) (ap)
August 17, 2017 Opinion or Order Filing 842 LETTER addressed to Judge Lorna G. Schofield from Joseph M. Alioto dated August 17, 2017 re: Response to Department of Justice Letter. Document filed by John Nypl.(Alioto, Joseph)
August 17, 2017 Opinion or Order Filing 841 NOTICE of Change of Firm Name. Document filed by Fresno County Employees Retirement Association. (Seaver, Todd)
August 16, 2017 Opinion or Order Filing 840 MEMO ENDORSEMENT on re: #839 Letter filed by U.S. Department of Justice. ENDORSEMENT: Application GRANTED. By August 21, 2017, the Department shall submit the letter under seal and the affidavit on an ex parte basis, and file public version of the letter. By August 25, 2017, Plaintiff shall submit a response and file a public version of the letter. By August 30, 2017, the Department shall submit a reply, if any, and file a public version of the letter. (Signed by Judge Lorna G. Schofield on 8/16/2017) (mml)
August 15, 2017 Opinion or Order Filing 839 LETTER addressed to Judge Lorna G. Schofield from Benjamin Sirota dated August 15, 2017 re: Proposed Schedule for Briefing DOJ Discovery Stay Extension. Document filed by U.S. Department of Justice.(Sirota, Benjamin)
August 14, 2017 Opinion or Order Filing 838 ORDER granting #834 Motion for Brian M. Hogan to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
August 14, 2017 Opinion or Order Filing 837 ORDER granting #833 Motion for Steven A. Kanner to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
August 11, 2017 Opinion or Order Filing 836 MEMO ENDORSEMENT on re: (185 in 1:15-cv-09300-LGS) Letter, filed by John Nypl, Valarie Jolly, Mad Travel, Inc., William Rubinsohn, Lisa McCarthy, Go Everywhere, Inc., (828 in 1:13-cv-07789-LGS) Letter filed by John Nypl. ENDORSEMENT: Application DENIED for substantially the reasons stated in Class Counsels' letter dated August 10, 2017, at Dkt. No. 835, in 1:13-cv-7789. (Signed by Judge Lorna G. Schofield on 8/11/2017) (cf)
August 10, 2017 Opinion or Order Filing 835 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 8/10/2017 re: Response to August 2, 2017 letter (ECF No. 828). Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
August 8, 2017 Opinion or Order Filing 834 MOTION for Brian M. Hogan to Appear Pro Hac Vice Corrected. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Thomas Gramatis, John Kerstein. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Hogan, Brian)
August 8, 2017 Opinion or Order Filing 833 MOTION for Steven A. Kanner to Appear Pro Hac Vice Corrected. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Thomas Gramatis, John Kerstein. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Kanner, Steven)
August 8, 2017 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #830 MOTION for Brian M. Hogan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13988721. Motion and supporting papers to be reviewed by Clerk's Office staff., #831 MOTION for Steven A. Kanner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13988757. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Attorney Affidavit/Declaration missing. Please read Local Rule 1.3;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
August 8, 2017 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #834 MOTION for Brian M. Hogan to Appear Pro Hac Vice Corrected. Motion and supporting papers to be reviewed by Clerk's Office staff., #833 MOTION for Steven A. Kanner to Appear Pro Hac Vice Corrected. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
August 7, 2017 Opinion or Order Filing 832 ORDER: WHEREAS, on July 28, 2017, Class Plaintiffs filed a motion for preliminary approval of several new proposed settlements ("Preliminary Approval Motion"); it is hereby ORDERED that a hearing will be held to consider Class Plaintiffs' Preliminary Approval Motion on September 5, 2017, at 10:50 A.M. It is further ORDERED that any opposition to the Preliminary Approval Motion shall be filed no later than August 22, 2017. Responses due by 8/22/2017. Motion Hearing set for 9/5/2017 at 10:50 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 8/7/2017) (kgo)
August 7, 2017 Opinion or Order Filing 831 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Steven A. Kanner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13988757. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Thomas Gramatis, John Kerstein. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Kanner, Steven) Modified on 8/8/2017 (bcu).
August 7, 2017 Opinion or Order Filing 830 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Brian M. Hogan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13988721. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Thomas Gramatis, John Kerstein. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Hogan, Brian) Modified on 8/8/2017 (bcu).
August 7, 2017 Opinion or Order Set/Reset Deadlines: Responses due by 8/22/2017 (kgo)
August 3, 2017 Opinion or Order Filing 829 MEMO ENDORSEMENT: on re: (185 in 1:15-cv-09300-LGS) Letter, filed by John Nypl, Valarie Jolly, Mad Travel, Inc., William Rubinsohn, Lisa McCarthy, Go Everywhere, Inc., (828 in 1:13-cv-07789-LGS) Letter filed by John Nypl. ENDORSEMENT: Class Plaintiffs shall file a response to this letter by 8/10/17. (Signed by Judge Lorna G. Schofield on 8/3/2017) (ap)
August 2, 2017 Opinion or Order Filing 828 LETTER addressed to Judge Lorna G. Schofield from Lingel H. Winters dated 8/2/17 re: Non Inclusion to Forex Settlements. Document filed by John Nypl.(Winters, Lingel)
July 31, 2017 Opinion or Order Filing 827 MEMO ENDORSEMENT on re: #819 Letter, filed by The Royal Bank of Scotland PLC, Royal Bank of Scotland Group, PLC, The Royal Bank of Scotland Group PLC. ENDORSEMENT: Application GRANTED. The Clerk of Court respectfully is directed to terminate Greg Andres as counsel of record in the above-captioned case. Attorney Greg Donald Andres terminated. (Signed by Judge Lorna G. Schofield on 7/31/2017) (kgo)
July 28, 2017 Opinion or Order Filing 826 DECLARATION of Christopher M. Burke in Support re: #824 MOTION to Approve The Form and Manner of Notice of Settlements and Preliminarily Approving the Plan of Distribution .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Burke, Christopher)
July 28, 2017 Opinion or Order Filing 825 MEMORANDUM OF LAW in Support re: #824 MOTION to Approve The Form and Manner of Notice of Settlements and Preliminarily Approving the Plan of Distribution . . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
July 28, 2017 Opinion or Order Filing 824 MOTION to Approve The Form and Manner of Notice of Settlements and Preliminarily Approving the Plan of Distribution . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Text of Proposed Order)(Burke, Christopher)
July 28, 2017 Opinion or Order Filing 823 DECLARATION of Kenneth R. Feinberg in Support re: #820 MOTION for Settlement (Preliminary Approval).. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Hausfeld, Michael)
July 28, 2017 Opinion or Order Filing 822 DECLARATION of Christopher M. Burke and Michael D. Hausfeld in Support re: #820 MOTION for Settlement (Preliminary Approval).. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Hausfeld, Michael)
July 28, 2017 Opinion or Order Filing 821 MEMORANDUM OF LAW in Support re: #820 MOTION for Settlement (Preliminary Approval). . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Hausfeld, Michael)
July 28, 2017 Opinion or Order Filing 820 MOTION for Settlement (Preliminary Approval). Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Text of Proposed Order)(Hausfeld, Michael)
July 28, 2017 Opinion or Order Filing 819 LETTER addressed to Judge Lorna G. Schofield from Gregory D. Andres dated July 28, 2017 re: Withdraw as Counsel of Record. Document filed by Royal Bank of Scotland Group, PLC, The Royal Bank of Scotland Group PLC, The Royal Bank of Scotland PLC.(Andres, Greg)
July 26, 2017 Opinion or Order Filing 818 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/5/17 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: 1:13-cv-07789-LGS et al.(McGuirk, Kelly)
July 26, 2017 Opinion or Order Filing 817 TRANSCRIPT of Proceedings re: conference held on 6/5/2017 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Eve Giniger, (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 8/16/2017. Redacted Transcript Deadline set for 8/28/2017. Release of Transcript Restriction set for 10/24/2017.Filed In Associated Cases: 1:13-cv-07789-LGS et al.(McGuirk, Kelly)
July 26, 2017 Opinion or Order Filing 816 ORDER granting #815 Letter Motion for Leave to File Excess Pages: APPLICATION GRANTED. (Signed by Judge Lorna G. Schofield on 7/26/2017) (jwh)
July 26, 2017 Opinion or Order Filing 815 LETTER MOTION for Leave to File Excess Pages addressed to Judge Lorna G. Schofield from Michael D. Hausfeld & Christopher M. Burke dated July 26, 2017. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Hausfeld, Michael)
July 26, 2017 Opinion or Order Filing 814 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/11/17 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: 1:13-cv-07789-LGS et al.(McGuirk, Kelly)
July 26, 2017 Opinion or Order Filing 813 TRANSCRIPT of Proceedings re: CONFERENCE held on 7/11/2017 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Michael McDaniel, (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 8/16/2017. Redacted Transcript Deadline set for 8/28/2017. Release of Transcript Restriction set for 10/24/2017.Filed In Associated Cases: 1:13-cv-07789-LGS et al.(McGuirk, Kelly)
July 24, 2017 Opinion or Order Filing 812 ORDER: It is hereby ORDERED that the Chans' July 21, 2017, letter will be struck from the docket and disregarded; it is further ORDERED that the Chans are prohibited from filing in the above-captioned matter. The Southern District of New York Pro Se Intake Unit shall not file any documents on the Chans' behalf in the above captioned matter. ORDERED that the Chans may file in their related action, No. 15 Civ. 8974, but again are warned that filing frivolous letters will result in sanctions or other prejudice. The Clerk of Court is directed to strike Docket No. 811 in the above-captioned case and to reject any further filings from the Chans in the above-captioned case. The Clerk of Court is further directed to mail a copy of this order to the Chans. (Signed by Judge Lorna G. Schofield on 7/24/2017) (kgo)
July 21, 2017 Opinion or Order ***STRICKEN DOCUMENT. Deleted document number 811 from the case record. The document was stricken from this case pursuant to #812 Order Striking Document from Record,,,. (kgo) Modified on 7/31/2017 (kgo).
July 21, 2017 Opinion or Order Filing 810 ORDER: It is hereby ORDERED that the Chans' July 19, 2017, letter will be struck from the docket and disregarded. The Chans are admonished that filing additional frivolous letters may result in sanctions. The Clerk of Court is directed to strike Docket No. 809 in the above-captioned case. (Signed by Judge Lorna G. Schofield on 7/21/2017) (kgo)
July 21, 2017 Opinion or Order ***STRICKEN DOCUMENT. Deleted document number 809 from the case record. The document was stricken from this case pursuant to #810 Order Striking Document from Record,. (kgo)
July 14, 2017 Opinion or Order Filing 808 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 7/14/2017 re: Joint Status Report. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
July 11, 2017 Opinion or Order Minute Entry for proceedings held before Judge Lorna G. Schofield: Status Conference held on 7/11/2017. (jcs)
July 11, 2017 Opinion or Order Filing 807 ORDER: WHEREAS, by letter dated June 27, 2017, potential class members Eduardo and Gervasio Negrete requested that the distinction between collusive and non- collusive claims be made explicit in the notice that will be distributed to class members; WHEREAS, on July 11, 2017, a conference was held in this matter; for the reasons stated at the conference, it is hereby ORDERED that the Negretes' request regarding the notice to class members is DENIED. (Signed by Judge Lorna G. Schofield on 7/11/2017) (ap)
July 10, 2017 Opinion or Order Filing 806 NOTICE OF CHANGE OF ADDRESS by Lee Albert on behalf of Haverhill Retirement System. New Address: Glancy Prongay & Murray LLP, 230 Park Avenue, Suite 530, New York, New York, USA 10169, (212) 682-5340. (Albert, Lee)
July 7, 2017 Opinion or Order Filing 805 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Andrew A. Ruffino dated July 7, 2017 re: Response to June 27, 2017 letter from James Halter and Blaine Bortnick. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Hausfeld, Michael)
June 30, 2017 Opinion or Order Filing 804 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 6/30/2017 re: Continuing need for redactions. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
June 29, 2017 Opinion or Order Filing 803 LETTER addressed to Judge Lorna G. Schofield from Daniel L. Brockett dated June 29, 2017 re: Certification of completion of Notice. Document filed by Quinn Emanuel Urquhart & Sullivan, LLP.(Brockett, Daniel)
June 29, 2017 Opinion or Order Filing 802 ORDER granting #801 Motion for Leave to Appear. Application GRANTED. Any counsel located outside the tri-state metropolitan area may appear telephonically by convening all parties on one line and calling Chambers at 212-805-0288 at the appointed time. (Signed by Judge Lorna G. Schofield on 6/29/2017) (kgo)
June 28, 2017 Opinion or Order Filing 801 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Leave to Appear Attend Conference Via Telephone . Document filed by Eduardo Negrete, Gervasio Negrete.(Bortnick, Blaine) Modified on 8/24/2017 (ldi).
June 28, 2017 Opinion or Order Filing 800 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, as follows: 1. Within two business days of the Court's entry of this Stipulated Order, Quinn and Bernstein shall send the "Notice," attached as Exhibit A, to all recipients of communications encompassed by the Court's June 5 Order with a cover email consisting of "Please see the attached Court-authorized Notice." 2. Within two business days of sending the Notice, Quinn and Bernstein shall certify to the Court that they sent the Notice. 3. Quinn and Bernstein's distribution of the Notice resolves the outstanding disputes between the Parties encompassed by the June 5 Order. The Clerk of Court is directed to close the motion at Docket No. 770. (Signed by Judge Lorna G. Schofield on 6/28/2017) (kgo)
June 28, 2017 Opinion or Order Filing 799 ORDER granting #798 Letter Motion for Conference. Application GRANTED. Class counsel and the Citi defendants shall file a joint response to this letter by July 7, 2017. A conference will be held on July 11, 2017, at 11:10 A.M. Only counsel for the class, Citi and the Negretes are required to attend. Status Conference set for 7/11/2017 at 11:10 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 6/28/2017) (kgo)
June 28, 2017 Opinion or Order Set/Reset Deadlines: Responses due by 7/7/2017 (kgo)
June 27, 2017 Opinion or Order Filing 798 LETTER MOTION for Conference re: #783 Memo Endorsement, Set Deadlines,,,,,,,, addressed to Judge Lorna G. Schofield from James Halter and Blaine Bortnick dated June 27, 2017. Document filed by Eduardo Negrete, Gervasio Negrete.(Halter, James)
June 27, 2017 Opinion or Order Filing 797 ORDER granting #796 Letter Motion for Extension of Time to File. Application GRANTED. (Signed by Judge Lorna G. Schofield on 6/26/2017) (kgo)
June 27, 2017 Opinion or Order Set/Reset Deadlines: Motions due by 6/27/2017. (kgo)
June 26, 2017 Opinion or Order Filing 796 LETTER MOTION for Extension of Time to File Motion for Further Curative Relief addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 6/26/2017. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Hausfeld, Michael)
June 19, 2017 Opinion or Order Filing 795 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 6/19/2017 re: Response to June 12, 2017 letter. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
June 15, 2017 Opinion or Order Filing 794 NOTICE OF CHANGE OF ADDRESS by Blaine Howell Bortnick on behalf of Eduardo Negrete, Gervasio Negrete. New Address: Rasco Klock Perez & Nieto LLC, 555 Fifth Avenue, 17th Floor, New York, New York, United States 10017, 2128567237. (Bortnick, Blaine)
June 12, 2017 Opinion or Order Filing 793 LETTER addressed to Judge Lorna G. Schofield from Daniel L. Brockett dated June 12, 2017 re: privileged and confidential communications. Document filed by Quinn Emanuel Urquhart & Sullivan, LLP.(Brockett, Daniel)
June 7, 2017 Opinion or Order Filing 792 NOTICE OF CHANGE OF ADDRESS by Joseph Serino, JR on behalf of Deutsche Bank AG, Deutsche Bank Securities Inc.. New Address: Latham & Watkins LLP, 885 Third Avenue, New York, New York, 10022, (212) 906-1200. (Serino, Joseph)
June 5, 2017 Opinion or Order Set/Reset Deadlines: Motions due by 6/26/2017. Responses due by 7/3/2017 (kgo)
June 5, 2017 Opinion or Order Filing 790 ORDER: It is hereby ORDERED that on or before June 12, 2017, Quinn Emanuel Urquhart & Sullivan, LLP and Bernstein Liebhard LLP shall email to Chambers for in camera review the following herein. It is further ORDERED that, by June 12, 2017, Quinn and Bernstein shall email to Chambers for in camera review the following herein. It is further ORDERED that, by June 19, 2017, Class Counsel shall file a response, if any, to any letter brief filed by Quinn and Bernstein. Class Counsel shall file any application for further relief, in light of the documents produced, no later than June 26, 2017. Quinn and Bernstein shall file any response no later than July 3, 2017. (As further set forth herein.) (Signed by Judge Lorna G. Schofield on 6/5/2017) (kgo)
June 5, 2017 Opinion or Order Filing 789 NOTICE OF CHANGE OF ADDRESS by Gerald Lawrence on behalf of United Food and Commercial Workers Union and Participating Food Industry Employers Tri-State Pension Fund. New Address: Lowey Dannenberg, P.C., 44 South Broadway, Suite 1100, White Plains, NY, United States 10601, 914-997-0500. Filed In Associated Cases: 1:13-cv-07789-LGS, 1:14-cv-00350-LGS(Lawrence, Gerald)
June 5, 2017 Opinion or Order Filing 788 NOTICE OF CHANGE OF ADDRESS by Barbara J. Hart on behalf of United Food and Commercial Workers Union and Participating Food Industry Employers Tri-State Pension Fund. New Address: Lowey Dannenberg, P.C., 44 South Broadway, Suite 1100, White Plains, NY, United States 10601, 914-997-0500. Filed In Associated Cases: 1:13-cv-07789-LGS, 1:14-cv-00350-LGS(Hart, Barbara)
June 5, 2017 Opinion or Order Filing 787 NOTICE OF CHANGE OF ADDRESS by Raymond Peter Girnys on behalf of United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund. New Address: Lowey Dannenberg, P.C., 44 South Broadway, Suite 1100, White Plains, NY, United States 10601, 914-997-0500. Filed In Associated Cases: 1:13-cv-07789-LGS, 1:14-cv-00350-LGS(Girnys, Raymond)
June 5, 2017 Opinion or Order Filing 786 NOTICE OF CHANGE OF ADDRESS by Peter Dexter St. Phillip, Jr on behalf of United Food and Commercial Workers Union and Participating Food Industry Employers Tri-State Pension Fund. New Address: Lowey Dannenberg, P.C., 44 South Broadway, Suite 1100, White Plains, NY, United States 10601, 914-997-0500. Filed In Associated Cases: 1:13-cv-07789-LGS, 1:14-cv-00350-LGS(St. Phillip, Peter)
June 2, 2017 Opinion or Order Filing 785 NOTICE OF CHANGE OF ADDRESS by Vincent Briganti on behalf of United Food and Commercial Workers Union and Participating Food Industry Employers Tri-State Pension Fund. New Address: Lowey Dannenberg, P.C., 44 South Broadway, Suite 1100, White Plains, NY, United States 10601, 914-997-0500. Filed In Associated Cases: 1:13-cv-07789-LGS, 1:14-cv-00350-LGS(Briganti, Vincent)
June 2, 2017 Opinion or Order Filing 784 NOTICE OF CHANGE OF ADDRESS by Geoffrey Milbank Horn on behalf of United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund. New Address: Lowey Dannenberg, P.C., 44 South Broadway, Suite 1100, White Plains, NY, United States 10601, 914-997-0500. (Horn, Geoffrey)
June 2, 2017 Opinion or Order Filing 783 MEMO ENDORSEMENT on re: #782 Letter,,,, filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Jeffrey Sterk, Kimberly Sterk, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller. ENDORSEMENT: Plaintiffs shall file their motion for preliminary approval of new settlements and approval of an updated notice and plan of distribution by July 28, 2017. ( Motions due by 7/28/2017.) (Signed by Judge Lorna G. Schofield on 6/2/2017) (kgo)
June 1, 2017 Opinion or Order Filing 782 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 6/1/2017 re: Proposed timeline for Notice. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
June 1, 2017 Opinion or Order Filing 781 NOTICE of of Change of Name and Amended Corporate Disclosure Statement, dated June 1, 2017, identifying corporate parent The Goldman Sachs Group, Inc. for Goldman Sachs & Co. LLC. re: #182 Rule 7.1 Corporate Disclosure Statement. Document filed by The Goldman Sachs Group, Inc., Goldman Sachs & Co. LLC. (Moloney, Thomas)
May 30, 2017 Opinion or Order Filing 780 ORDER denying #778 Letter Motion for Leave to File Document. Application DENIED. The parties shall not make any further submissions related to Plaintiffs' motion to compel. (Signed by Judge Lorna G. Schofield on 5/30/2017) (anc)
May 30, 2017 Opinion or Order Filing 779 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 5/30/2017 re: Response to May 26 Request to file Surreply. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
May 26, 2017 Opinion or Order Filing 778 LETTER MOTION for Leave to File Sur-Reply addressed to Judge Lorna G. Schofield from Daniel L. Brockett dated May 26, 2017. Document filed by Quinn Emanuel Urquhart & Sullivan, LLP. (Attachments: #1 Exhibit Proposed Sur-Reply)(Brockett, Daniel)
May 23, 2017 Opinion or Order Filing 777 DECLARATION of Martin Evans in Support re: #770 MOTION to Compel .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
May 23, 2017 Opinion or Order Filing 776 REPLY MEMORANDUM OF LAW in Support re: #770 MOTION to Compel . . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
May 19, 2017 Opinion or Order Filing 775 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke dated 5/19/2017 re: Joint status letter re discovery. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
May 15, 2017 Opinion or Order Filing 774 MEMORANDUM OF LAW in Opposition re: #770 MOTION to Compel . . Document filed by Quinn Emanuel Urquhart & Sullivan, LLP. (Attachments: #1 Affidavit Declaration of Daniel L. Brockett, #2 Affidavit Declaration of Stanley D. Bernstein)(Brockett, Daniel)
May 12, 2017 Opinion or Order Filing 773 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke dated 5/12/2017 re: Status update. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
May 12, 2017 Opinion or Order Filing 772 DECLARATION of Christopher M. Burke in Support re: #770 MOTION to Compel .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Burke, Christopher)
May 12, 2017 Opinion or Order Filing 771 MEMORANDUM OF LAW in Support re: #770 MOTION to Compel . . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
May 12, 2017 Opinion or Order Filing 770 MOTION to Compel . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
May 11, 2017 Opinion or Order Filing 769 NOTICE OF CHANGE OF ADDRESS by Richard Michael Lindsey on behalf of Neil Taylor. New Address: Morris and Morris LLC Counselors At Law, 4023 Kennett Pike, #254, Wilmington, DE, 19807, 3024260400. Filed In Associated Cases: 1:13-cv-07789-LGS, 1:15-cv-01350-LGS(Lindsey, Richard)
May 11, 2017 Opinion or Order Filing 768 NOTICE OF CHANGE OF ADDRESS by Patrick Francis Morris on behalf of Neil Taylor. New Address: Morris and Morris LLC Counselors At Law, 4023 Kennett Pike, #254, Wilmington, DE, 19807, 3024260400. Filed In Associated Cases: 1:13-cv-07789-LGS, 1:15-cv-01350-LGS(Morris, Patrick)
May 11, 2017 Opinion or Order Filing 767 NOTICE OF CHANGE OF ADDRESS by Karen L. Morris on behalf of Neil Taylor. New Address: Morris and Morris LLC Counselors At Law, 4023 Kennett Pike, #254, Wilmington, DE, 19807, 3024260400. Filed In Associated Cases: 1:13-cv-07789-LGS, 1:15-cv-01350-LGS(Morris, Karen)
May 10, 2017 Opinion or Order ***DELETED DOCUMENT. Deleted document number 766 Stipulation. The document was incorrectly filed in this case. (ap)
May 10, 2017 Opinion or Order Filing 791 STIPULATION AND ORDER RE BRIEFING SCHEDULE: On or before May 12, 2017, Plaintiffs shall file a motion for appropriate relief. Plaintiffs are allowed 20 pages for their opening motion. Plaintiffs shall serve the motion on all parties as well as Quinn and Bernstein. On or before May 19, 2017, Quinn and Bernstein shall file a response brief. Quinn and Bernstein are allowed 20 pages for their response brief. On or before May 23, 2017, Plaintiffs shall file their reply brief. Plaintiffs are allowed 10 pages for their reply brief. A hearing on Plaintiffs motion will be held on June 5, 2017, at 10:30 A.M. the Clerk of the Court is directed to enter the dates under paragraphs 1-4 into the Court's calendar. (Motions due by 5/12/2017. Responses due by 5/19/2017. Replies due by 5/23/2017. Oral Argument set for 6/5/2017 at 10:30 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 5/10/2017) (ap) (Entered: 06/06/2017)
May 9, 2017 Opinion or Order Filing 765 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 5/9/2017 re: Proposed Briefing Schedule. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Proposed Briefing Schedule)(Burke, Christopher)
May 5, 2017 Opinion or Order Filing 764 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 5/5/2017 re: Joint status letter. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
May 5, 2017 Opinion or Order Filing 763 NOTICE OF APPEARANCE by Sarah Rebecca Lafrreniere on behalf of Haverhill Retirement System. (Lafrreniere, Sarah)
May 4, 2017 Opinion or Order Filing 762 LETTER addressed to Judge Lorna G. Schofield from Michael D. Hausfeld and Christopher M. Burke dated 4/24/2017 re: request for conference. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Hausfeld, Michael)
May 4, 2017 Opinion or Order Filing 761 ORDER. It is hereby ORDERED that, as soon as practicable and no later than May 12, 2017, Plaintiffs shall file the April 24 letter along with a motion for appropriate relief, to the extent Plaintiffs believe that the communications to class members are misleading or will undermine the class action process and Court-approved notice of settlement. Plaintiffs shall serve the motion on all parties as well as the law firms that sent the communications. Plaintiffs shall also submit, if possible, a stipulated proposed schedule for responses and a hearing. (Motions due by 5/12/2017.) (Signed by Judge Lorna G. Schofield on 5/4/2017) (rjm)
May 2, 2017 Opinion or Order Minute Entry for proceedings held before Judge Lorna G. Schofield: Telephone Conference held on 5/2/2017. (jcs)
May 2, 2017 Opinion or Order Filing 760 SCHEDULING ORDER: It is hereby ORDERED that a telephonic status conference will be held with all Settling Parties on May 2, 2017, at 4:00 P.M. Lead Counsel for Plaintiffs shall convene all Settling Parties on one line and call Chambers at 212-805-0288 at the appointed time. (Telephone Conference set for 5/2/2017 at 04:00 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 05/02/2017) (jcs)
May 2, 2017 Opinion or Order Filing 759 MEMO ENDORSEMENT: on re: #758 Letter, filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Jeffrey Sterk, Kimberly Sterk, State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller. ENDORSEMENT: Application GRANTED. Plaintiff shall file a status report and proposed timeline for notice by June 1, 2017. (Signed by Judge Lorna G. Schofield on 5/2/2017) (ap)
May 1, 2017 Opinion or Order Filing 758 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 5/1/2017 re: Update re Notice date. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
May 1, 2017 Opinion or Order Filing 757 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 5/1/2017 re: Update re continuing need for redactions. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
April 28, 2017 Opinion or Order Filing 756 ORDER AUTHORIZING PAYMENTS FOR SETTLEMENT ADMINISTRATION EXPENSES FROM SETTLEMENT FUNDS: IT IS HEREBY ORDERED: 1. All terms in initial capitalization used in this Order shall have the same meanings as set forth in the Settlement Agreements and the Preliminary Approval Order, unless otherwise defined herein. 2. The Court authorizes Class Counsel to pay up to an additional $1,500,000 (for a total of $2,500,000) from the settlement funds for reasonable Settlement Administration Expenses. 3. Any such expenses in excess of this $2,500,000 that have been approved to date may be paid from the settlement funds only with the approval of the Court. (Signed by Judge Lorna G. Schofield on 4/28/2017) (kgo)
April 28, 2017 Opinion or Order Filing 755 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld and Joseph Serino, Jr. dated 4/28/2017 re: Joint status letter re search terms. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
April 28, 2017 Opinion or Order Filing 754 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 4/28/2017 re: Update on expenses. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Burke, Christopher)
April 14, 2017 Opinion or Order Filing 753 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke dated April 14, 2017 re: Joint Status Letter. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
April 7, 2017 Opinion or Order Filing 752 MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF COUNSEL. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate Andrew Corydon Finch as attorney-of-record in the above-captioned matter. Attorney Andrew Corydon Finch terminated. (Signed by Judge Lorna G. Schofield on 4/7/2017) (kgo)
April 7, 2017 Opinion or Order Filing 751 MEMO ENDORSEMENT: on NOTICE OF WITHDRAWAL OF COUNSEL: ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate Andrew Corydon Finch as attorney-of-record in the above-captioned matter. Attorney Andrew Corydon Finch terminated. (Signed by Judge Lorna G. Schofield on 4/7/2017) (ap)
April 6, 2017 Opinion or Order Filing 750 MEMO ENDORSEMENT: on NOTICE OF WITHDRAWAL OF APPEARANCE: granting #749 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate Joel Sanders as attorney-of-record in the above-captioned matter. Attorney Joel Steven Sanders terminated (Signed by Judge Lorna G. Schofield on 4/6/2017) (ap)
April 5, 2017 Opinion or Order Filing 749 MOTION for Joel S. Sanders to Withdraw as Attorney . Document filed by UBS AG, UBS Securities LLC.(Sanders, Joel)
March 31, 2017 Opinion or Order Filing 748 MEMO ENDORSEMENT on re: #746 Letter,,,, filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Jeffrey Sterk, Kimberly Sterk, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller. ENDORSEMENT: Application GRANTED IN PART. Plaintiffs shall file a status report on or before May 1, 2017. (Signed by Judge Lorna G. Schofield on 3/31/2017) (kgo)
March 31, 2017 Opinion or Order Filing 747 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke dated 3/31/2017 re: Joint status letter. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
March 31, 2017 Opinion or Order Filing 746 LETTER addressed to Judge Lorna G. Schofield from Michael D. Hausfeld & Christopher M. Burke dated March 31, 2017 re: Status Letter Regarding Notice Plan. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Hausfeld, Michael)
March 21, 2017 Opinion or Order Filing 745 ORDER granting #744 Motion for Katie R. Beran to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
March 21, 2017 Opinion or Order Filing 744 MOTION for Katie R. Beran to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System. (Attachments: #1 Affidavit of Katie R. Beran, #2 Certificate of Good Standing - New Jersey, #3 Certificate of Good Standing - Pennsylvania, #4 Text of Proposed Order)(Beran, Katie)
March 21, 2017 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #744 MOTION for Katie R. Beran 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. (bcu)
March 17, 2017 Opinion or Order Filing 743 ORDER granting #742 Motion for Daniel M. Cohen to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
March 15, 2017 Opinion or Order Filing 742 MOTION for Daniel M. Cohen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13423642. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System. (Attachments: #1 Affidavit of Daniel M. Cohen, #2 Certificate of Good Standing - DC, #3 Certificate of Good Standing - FL, #4 Certificate of Good Standing - MD, #5 Certificate of Good Standing - VA, #6 Text of Proposed Order)(Cohen, Daniel)
March 15, 2017 Opinion or Order Filing 741 MEMO ENDORSEMENT granting #740 Motion to Withdraw. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate Noah Smith-Drelich as attorney-of-record in this case. Attorney Noah Smith-Drelich terminated. (Signed by Judge Lorna G. Schofield on 3/15/2017) (kgo) Modified on 3/15/2017 (kgo).
March 15, 2017 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #742 MOTION for Daniel M. Cohen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13423642. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
March 14, 2017 Opinion or Order Filing 740 MOTION to Withdraw Appearance of Noah Smith-Drelich. Document filed by Haverhill Retirement System. (Attachments: #1 Exhibit Declaration of George A. Zelcs, #2 Text of Proposed Order Granting Motion to Withdraw as Counsel)(Zelcs, George)
March 11, 2017 Opinion or Order Filing 739 LETTER addressed to Judge Lorna G. Schofield from Joseph Serino, Jr., P.C. dated 3/11/2017 re: Declaration regarding the Court's ECF outage affecting the filing of the Parties joint status letter.. Document filed by Deutsche Bank AG.(Serino, Joseph)
March 11, 2017 Opinion or Order Filing 738 JOINT LETTER addressed to Judge Lorna G. Schofield from Joseph Serino, Jr., P.C. dated 3/11/2017 re: Joint status letter filed by Plaintiffs and The Bank of Tokyo-Mitsubishi UFJ, Ltd.; Credit Suisse Securities (USA) LLC, Credit Suisse Group AG, and Credit Suisse AG; Deutsche Bank AG; Morgan Stanley, Morgan Stanley & Co., LLC, and Morgan Stanley & Co. International plc; RBC Capital Markets, LLC; Socit Gnrale; and Standard Chartered Bank (collectively, Defendants). Document filed by Deutsche Bank AG.(Serino, Joseph)
March 10, 2017 Opinion or Order Filing 737 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Katie R. Beran to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System. (Attachments: #1 Affidavit of Katie R. Beran, #2 Certificate of Good Standing District of New Jersey, #3 Text of Proposed Order)(Beran, Katie) Modified on 3/10/2017 (ma).
March 10, 2017 Opinion or Order Filing 736 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Katie R. Beran to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13408171. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System. (Attachments: #1 Certificate of Good Standing District of New Jersey, #2 Text of Proposed Order)(Beran, Katie) Modified on 3/10/2017 (bcu).
March 10, 2017 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #736 MOTION for Katie R. Beran to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13408171. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Attorney Affidavit/Declaration missing. Please Read Local Rule 1.3;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
March 10, 2017 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #737 MOTION for Katie R. Beran to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from THE SUPREME COURT OF NEW JERSEY;. Re-file the motion as a 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.. (ma)
March 2, 2017 Opinion or Order Filing 735 MEMO ENDORSEMENT on re: #733 Letter re: Update regarding Deutsche Bank discovery dispute, filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Jeffrey Sterk, Kimberly Sterk, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller. ENDORSEMENT: Application GRANTED. The Court's February 27, 2017, Order (Dkt. No. 730) is vacated as moot, and the conference scheduled for March 14, 2017, at 10:40 A.M. is canceled. (Signed by Judge Lorna G. Schofield on 3/2/2017) (cla)
March 2, 2017 Opinion or Order Filing 734 MEMO ENDORSEMENT on re: #731 Letter,,,, filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Jeffrey Sterk, Kimberly Sterk, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller. ENDORSEMENT: Application GRANTED. Plaintiffs shall file a status report on or before March 31, 2017. (Signed by Judge Lorna G. Schofield on 3/2/2017) (kgo)
March 2, 2017 Opinion or Order Filing 733 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 3/2/2017 re: Update regarding Deutsche Bank discovery dispute. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
March 1, 2017 Opinion or Order Filing 732 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 3/1/2017 re: Continued need for redactions in TAC. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
March 1, 2017 Opinion or Order Filing 731 LETTER addressed to Judge Lorna G. Schofield from Michael D. Hausfeld and Christopher M. Burke dated 03/01/2017 re: Status Letter Regarding Notice Plan. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Hausfeld, Michael)
February 27, 2017 Opinion or Order Filing 730 Vacated as per Judge's Order dated 3/2/2017, Doc. #735 ORDER granting #729 Letter Motion for Local Rule 37.2 Conference. Application GRANTED. By March 2, 2017, Plaintiffs shall file a letter identifying the name, job title and alleged connection to the conspiracy of each of their 45 requested Deutsche Bank document custodians. By March 10, 2017, Defendant shall respond. A conference will be held in this matter on March 14, 2017, at 10:40 A.M. in Courtroom 519 of the Thurgood Marshall United States Courthouse. Any counsel may attend by phone, but must advise the Court in advance and call Chambers at 212-805-0288 at the appointed time with all counsel on the line that are attending by phone. Status Conference set for 3/14/2017 at 10:40 AM in Courtroom 519, 40 Centre Street, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 2/27/2017) (mro) Modified on 3/2/2017 (cla).
February 24, 2017 Opinion or Order Filing 729 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 2/24/2017. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
February 24, 2017 Opinion or Order Filing 728 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 2/24/2017 re: Update on outcome of discovery disputes. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
February 15, 2017 Opinion or Order LETTERS ROGATORY ISSUED on February 15, 2017, to Linklaters LLP, to obtain discovert from Societe Generale, in the Ministere de la Justice, Direction des Affaires Civiles et du Sceau, Bureau de l'entraide civile et commerciale internationale, Paris, France. (km)
February 15, 2017 Opinion or Order LETTERS ROGATORY ISSUED on February 15, 2017, to Scott Scott, LLP, and to obtain document discovery from HSBC Bank, for the Senior Master, for the attention of the Foreign Process, Royal Courts of Justice, London. (km)
February 14, 2017 Opinion or Order Filing 727 MEMO ENDORSEMENT on re: #726 Letter re: Request for extension of time to submit discovery disputes, filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Jeffrey Sterk, Kimberly Sterk, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller. ENDORSEMENT: Application GRANTED. The deadline for submitting disputes regarding the production of documents and certain data productions under sections II.D.1.a, II.D.1.b and II.D.2 of the Scheduling Order is extended to February 24, 2017. (Signed by Judge Lorna G. Schofield on 2/14/2017) (cla)
February 14, 2017 Opinion or Order Filing 726 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 2/14/2017 re: Request for extension of time to submit discovery disputes. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
February 13, 2017 Opinion or Order Filing 725 NOTICE OF APPEARANCE by Steven M. Nathan on behalf of Haverhill Retirement System. (Nathan, Steven)
February 10, 2017 Opinion or Order Filing 724 ORDER GRANTING UNCONTESTED MOTION FOR ISSUANCE OF REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE AND DIRECTION OF SUBMISSION OF HAGUE CONVENTION APPLICATION: granting #722 Motion. HEREBY ORDERS THAT: The Motion is GRANTED. The form of Request for Assistance annexed to the Burke Declaration as Exhibit B is hereby issued as the Court's Request for Assistance and is fully incorporated herein. Following the receipt of the Documents by counsel for Plaintiffs, counsel for Plaintiffs will transmit the Documents to counsel for the other defendants in this action. And as set forth herein. SO ORDERED. (Signed by Judge Lorna G. Schofield on 2/10/2017) (ama)
February 10, 2017 Opinion or Order Terminate Transcript Deadlines (ama)
February 8, 2017 Opinion or Order Filing 723 DECLARATION of Christopher M. Burke in Support re: #722 MOTION for Issuance of Request for International Judicial Assistance .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Burke, Christopher)
February 8, 2017 Opinion or Order Filing 722 MOTION for Issuance of Request for International Judicial Assistance . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
January 30, 2017 Opinion or Order Filing 721 STIPULATION AND ORDER REGARDING DEPOSITION PROTOCOL: Plaintiffs and the undersigned Non-Settling Defendants to this action hereby submit this stipulation regarding the procedures for depositions in this matter. (As further set forth herein.) (Signed by Judge Lorna G. Schofield on 1/30/2017) (kgo) (Main Document 721 replaced on 1/30/2017) (kgo).
January 27, 2017 Opinion or Order Filing 720 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 1/27/2017 re: Stipulation and Proposed Order re Deposition Protocol. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Stipulation and Proposed Order re Deposition Protocol)(Burke, Christopher)
January 27, 2017 Opinion or Order Filing 719 ORDER granting #718 Letter Motion for Extension of Time. Application GRANTED. By March 1, 2017, Plaintiffs shall file a status report regarding their progress toward effectuating notice. (Signed by Judge Lorna G. Schofield on 1/27/2017) (kgo)
January 26, 2017 Opinion or Order Filing 718 LETTER MOTION for Extension of Time addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 1/26/2017. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Hausfeld, Michael)
January 25, 2017 Opinion or Order Filing 717 ORDER GRANTING UNOPPOSED MOTION FOR ISSUANCE OF LETTER OF REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE, APPOINTMENT OF COMMISSIONER, AND DIRECTION OF SUBMISSION OF HAGUE CONVENTION APPLICATION granting #715 Motion for ISSUANCE OF LETTER OF REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE, APPOINTMENT OF COMMISSIONER, AND DIRECTION OF SUBMISSION OF HAGUE CONVENTION APPLICATION. The Motion is GRANTED. The form of Request for Assistance attached to the Declaration of James R. Warnot, Jr. as Exhibit B is hereby issued as the Court's Request for Assistance and is fully incorporated herein. Pursuant to Article 17 of the Hague Convention, Mr. Alexander Blumrosen, whose address is KAB Avocats Associes, 242 bis Bd Saint Germain 75007 PARIS, France, (the "Commissioner"), is hereby duly appointed, pending the approval of the French Ministere de la Justice and subject to the terms of the Request for Assistance, as Commissioner to the following herein. (As further set forth herein.) (Signed by Judge Lorna G. Schofield on 1/25/2017) (kgo)
January 24, 2017 Opinion or Order Filing 716 DECLARATION of James R. Warnot Jr. in Support re: #715 MOTION FOR ISSUANCE OF LETTER OF REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE, APPOINTMENT OF COMMISSIONER, AND DIRECTION OF SUBMISSION OF HAGUE CONVENTION APPLICATION .. Document filed by Societe Generale S.A.. (Attachments: #1 Text of Proposed Order, #2 Exhibit B)(Warnot, James)
January 24, 2017 Opinion or Order Filing 715 MOTION FOR ISSUANCE OF LETTER OF REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE, APPOINTMENT OF COMMISSIONER, AND DIRECTION OF SUBMISSION OF HAGUE CONVENTION APPLICATION . Document filed by Societe Generale S.A..(Warnot, James)
January 23, 2017 Opinion or Order Filing 714 MEMO ENDORSEMENT on re: #713 Letter filed by Societe Generale S.A.. ENDORSEMENT: Application GRANTED. Societe General may file its motion for a Letter of Request to the French Ministry of Justice without a pre-motion conference. (Signed by Judge Lorna G. Schofield on 1/23/2017) (kgo)
January 23, 2017 Opinion or Order Filing 713 LETTER addressed to Judge Lorna G. Schofield from James R. Warnot Jr. dated January 23, 2017 re: permission to file an uncontested motion without first holding a pre-motion conference. Document filed by Societe Generale S.A..(Warnot, James)
January 17, 2017 Opinion or Order Filing 712 STIPULATION AND ORDER ESTABLISHING THE PROTOCOL FOR THE PRODUCTION OF DOCUMENTS AND ELECTRONICALLY STORED INFORMATION ("ESI"): The procedures and protocols outlines herein govern the Production of Documents and ESI by all Parties. (As further set forth herein.) (Signed by Judge Lorna G. Schofield on 1/17/2017) Filed In Associated Cases: 1:13-cv-07789-LGS et al.(kgo)
January 13, 2017 Opinion or Order Filing 711 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke dated 1/13/2017 re: Joint status letter. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
January 13, 2017 Opinion or Order Filing 710 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke dated 1/13/2017 re: Submission of Stipulation and Proposed ESI Protocol. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 ESI Protocol)(Burke, Christopher)
January 3, 2017 Opinion or Order Filing 709 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 1/3/2017 re: Need for redaction in TAC. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
January 3, 2017 Opinion or Order Filing 708 MEMO ENDORSEMENT on re: #706 Letter filed by RBS Securities, Inc. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate Jennifer Kan as attorney-of-record to all parties she previously represented in the above-captioned case. The Royal Bank of Scotland PLC, Royal Bank of Scotland Group, PLC, Attorney Jennifer Kan terminated. (Signed by Judge Lorna G. Schofield on 1/3/2017) (tro)
January 3, 2017 Opinion or Order Filing 707 MEMO ENDORSEMENT granting (705) Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate Lauren Wagner Pederson as attorney-of-record to all parties she previously represented in the two above-captioned cases. Attorney Lauren Wagner Pederson terminated in case 1:13-cv-07789-LGS. (Signed by Judge Lorna G. Schofield on 1/3/2017) Filed In Associated Cases: 1:13-cv-07789-LGS, 1:15-cv-01350-LGS (tro)
December 29, 2016 Opinion or Order Filing 706 LETTER addressed to Judge Lorna G. Schofield from Jennifer Kan dated December 29, 2016 re: To Withdraw as Counsel of Record. Document filed by RBS Securities, Inc., Royal Bank of Scotland Group, PLC, The Royal Bank of Scotland PLC.(Kan, Jennifer)
December 28, 2016 Opinion or Order Filing 705 MOTION for Lauren Wagner Pederson to Withdraw as Attorney for the Taylor Plaintiffs. Document filed by John Burnside, Steve Leaven, Neil Taylor, John Burnside, Steve Leaven, Neil Taylor.Filed In Associated Cases: 1:13-cv-07789-LGS, 1:15-cv-01350-LGS(Kovel, David)
December 23, 2016 Opinion or Order Filing 704 CORRECTED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan is submitted by Plaintiffs and Defendants The Bank of Tokyo-Mitsubishi UFJ, Ltd.; Credit Suisse Securities (USA) LLC, Credit Suisse Group AG, and Credit Suisse AG; Deutsche Bank AG, Deutsche Bank Securities Inc.; Morgan Stanley, Morgan Stanley & Co., LLC, and Morgan Stanley & Co. International plc; RBC Capital Markets, LLC; Societe Generale S.A.; and Standard Chartered Bank (collectively, "the Parties") in accordance with Federal Rule of Civil Procedure 26(f)(3). Beginning on January 13, 2017, and every other month thereafter on the second Friday of that month, the Parties shall submit a joint status letter. (As further set forth herein.) Motions due by 4/13/2018. Responses due by 4/13/2018 Replies due by 4/13/2018. (Signed by Judge Lorna G. Schofield on 12/23/2016) (kgo)
December 22, 2016 Opinion or Order Filing 703 AMENDED LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated December 22, 2016 re: Corrected Proposed Case Management Order. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A)(Burke, Christopher)
December 22, 2016 Opinion or Order Filing 702 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #703) - LETTER addressed to Judge Lorna G. Schofield from Christopher Burke and Michael Hausfeld dated 12/22/2016 re: Proposed Case Management Order. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A)(Burke, Christopher) Modified on 12/27/2016 (ldi).
December 21, 2016 Opinion or Order Filing 701 LETTER addressed to Judge Lorna G. Schofield from Christopher Burke and Michael Hausfeld dated 12/21/2016 re: Proposed Case Management Order. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
December 20, 2016 Opinion or Order Filing 700 ORDER APPROVING THE FORM AND MANNER OF NOTICE OF SETTLEMENTS AND PRELIMINARILY APPROVING THE PLAN OF DISTRIBUTION granting #653 Motion to Approve Form and Manner of Notice of Settlements and Plan of Distribution. The Court approves, as to form and content, the Notice of Class Action Settlements ("Mail Notice"), substantially in the form attached hereto as Exhibit 1, the Proof of Claim and Release ("Claim Form"), substantially in the form attached hereto as Exhibit 2, and the Summary Notice of Class Action Settlements ("Summary Notice"), substantially in the form attached hereto as Exhibit 3. All papers in support of the motion for final approval and any application for attorneys' fees and/or costs and expenses shall be filed and served no later than May 30, 2017, and any reply papers (which may include a response to objections, if any) shall be filed and served no later than September 15, 2017. The Clerk of Court is respectfully directed to note the date of the Final Fairness Hearing as set forth in paragraph 22 above and to close the motion at Docket Number 653. (As further set forth herein.) (Signed by Judge Lorna G. Schofield on 12/20/2016) (kgo) (Main Document 700 replaced on 1/3/2017) (jcs).
December 20, 2016 Opinion or Order Set/Reset Deadlines: Motions due by 5/30/2017. Responses due by 9/15/2017 Replies due by 9/15/2017. (kgo)
December 20, 2016 Opinion or Order Filing 699 MEMO ENDORSEMENT on re: #697 Letter, filed by HSBC Securities (USA) Inc., HSBC Bank plc, HSBC Holdings plc, HSBC North America Holdings, Inc., HSBC Bank USA, N.A.. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate Edwin R. DeYoung as attorney-of-record to all parties he previously represented in the three above-captioned cases. Attorney Edwin R Deyoung terminated. (Signed by Judge Lorna G. Schofield on 12/20/2016) (kgo)
December 20, 2016 Opinion or Order Filing 698 ORDER AUTHORIZING PAYMENTS FOR SETTLEMENT ADMINISTRATION EXPENSES FROM SETTLEMENT FUNDS: 1. All terms in initial capitalization used in this Order shall have the same meanings as set forth in the Settlement Agreements and the Preliminary Approval Order, unless otherwise defined herein. 2. The Court authorizes Class Counsel to pay up to an additional $500,000 (for a total of $1,000,000) from the settlement funds for reasonable Settlement Administration Expenses. 3. Any such expenses in excess of this $1,000,000 that have been approved to date may be paid from the settlement funds only with the approval of the Court. (Signed by Judge Lorna G. Schofield on 12/20/2016) (kgo) Modified on 12/20/2016 (kgo). Modified on 12/20/2016 (kgo).
December 20, 2016 Opinion or Order Filing 697 LETTER addressed to Judge Lorna G. Schofield from Gregory T. Casamento dated 12/19/2016 re: Removal Of Counsel Edwin R. DeYoung From Case. Document filed by HSBC Bank USA, N.A., HSBC Bank plc, HSBC Holdings plc, HSBC North America Holdings, Inc., HSBC Securities (USA) Inc..(Casamento, Gregory)
December 16, 2016 Opinion or Order Filing 696 NOTICE OF APPEARANCE by Sonia Marquez on behalf of Standard Chartered Bank. (Marquez, Sonia)
December 16, 2016 Opinion or Order Filing 695 NOTICE OF APPEARANCE by Cyrus E. Ansari on behalf of Standard Chartered Bank. (Ansari, Cyrus)
December 16, 2016 Opinion or Order Filing 694 NOTICE OF APPEARANCE by Nicholas Primer Crowell on behalf of Standard Chartered Bank. (Crowell, Nicholas)
December 9, 2016 Opinion or Order Filing 693 AMENDED ANSWER to #619 Amended Complaint,,,,,,,,,,,,. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Januszewski, David)
December 7, 2016 Opinion or Order Filing 692 JOINT LETTER addressed to Judge Lorna G. Schofield from Plaintiffs and Non-Settling Defendants dated December 7, 2016 re: Proposed Case Management Order. Document filed by Societe Generale S.A..(Warnot, James)
December 6, 2016 Opinion or Order Filing 691 ORDER granting #689 Motion for Julie A. Kearns to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
November 23, 2016 Opinion or Order Filing 690 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Standard Chartered PLC, Corporate Parent Standard Chartered Holdings Ltd. for Standard Chartered Bank. Document filed by Standard Chartered Bank.(Stern, Andrew)
November 23, 2016 Opinion or Order Filing 689 MOTION for Julie A. Kearns to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13023942. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Kearns, Julie)
November 23, 2016 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #689 MOTION for Julie A. Kearns to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13023942. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jcu)
November 18, 2016 Opinion or Order Filing 688 ANSWER to #619 Amended Complaint,,,,,,,,,,,, with JURY DEMAND. Document filed by Standard Chartered Bank.(Stern, Andrew)
November 18, 2016 Opinion or Order Filing 687 ANSWER to #619 Amended Complaint,,,,,,,,,,,,. Document filed by Deutsche Bank AG.(Serino, Joseph)
November 18, 2016 Opinion or Order Filing 686 ANSWER to #619 Amended Complaint,,,,,,,,,,,,. Document filed by Bank of Tokyo-Mitsubishi UFJ Ltd..(Finch, Andrew)
November 18, 2016 Opinion or Order Filing 685 ANSWER to #619 Amended Complaint,,,,,,,,,,,,. Document filed by RBC Capital Markets, LLC.(Lanning, Joshua)
November 18, 2016 Opinion or Order Filing 684 ANSWER to #619 Amended Complaint,,,,,,,,,,,,. Document filed by Morgan Stanley, Morgan Stanley & Co. International plc, Morgan Stanley & Co. LLC.(Moses, Jonathan)
November 18, 2016 Opinion or Order Filing 683 ANSWER to #619 Amended Complaint,,,,,,,,,,,,. Document filed by Societe Generale S.A..(Warnot, James)
November 18, 2016 Opinion or Order Filing 682 ANSWER to #619 Amended Complaint,,,,,,,,,,,,. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC.(Januszewski, David)
November 18, 2016 Opinion or Order Filing 681 JOINT LETTER addressed to Judge Lorna G. Schofield from Plaintiffs and Non-Settling Defendants dated 11/18/2016 Document filed by Bank of Tokyo-Mitsubishi UFJ Ltd., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Deutsche Bank Securities Inc., Morgan Stanley, Morgan Stanley & Co. International plc, Morgan Stanley & Co. LLC, RBC Capital Markets, LLC, Societe Generale S.A., Standard Chartered Bank.(Moses, Jonathan)
November 18, 2016 Opinion or Order Filing 680 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 11/18/2016 re: Proposed order re claims administrator. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A - Proposed Order)(Burke, Christopher)
November 17, 2016 Opinion or Order Filing 679 NOTICE OF WITHDRAWAL OF COUNSEL: PLEASE TAKE NOTICE that, upon the annexed declaration of Noam Lerer, and subject to the approval of the Court, Noam Lerer hereby withdraws as counsel for The Bank of Tokyo Mitsubishi UFJ, Ltd. in the above-captioned matter. Paul, Weiss, Rifkind, Wharton & Garrison LLP will continue to represent The Bank of Tokyo Mitsubishi UFJ, Ltd. in this proceeding. Attorney Noam Lerer terminated. (Signed by Judge Lorna G. Schofield on 11/17/2016) (cf)
November 14, 2016 Opinion or Order Filing 678 ORDER: It is hereby ORDERED that, by November 18, 2016, Plaintiffs and Settling Defendants shall submit a proposed order with "whereas" clauses regarding the request to alter the duties and responsibilities of the Claims Administrator. (Signed by Judge Lorna G. Schofield on 11/14/2016) (kgo)
November 2, 2016 Opinion or Order Filing 677 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 11/2/2016 re: Claims administration expenses. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A - Proposed Order)(Burke, Christopher)
November 2, 2016 Opinion or Order Filing 676 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 11/2/2016 re: Submission in response to Court's October 11 Order. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A - Proposed Order, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit A-4, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D)(Burke, Christopher)
November 1, 2016 Opinion or Order Filing 675 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 11/1/2016 re: Continuing need for redactions. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
October 14, 2016 Opinion or Order Filing 674 SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Barclays Group US Inc., Corporate Parent BARCLAYS BANK PLC, Corporate Parent Barclays US LLC, Corporate Parent Barclays PLC for Barclays Capital Inc.; Corporate Parent Barclays PLC for Barclays Bank PLC. Document filed by Barclays Bank PLC, Barclays Capital Inc..(Schwartz, Matthew)
October 13, 2016 Opinion or Order Filing 673 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/5/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
October 13, 2016 Opinion or Order Filing 672 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/5/2016 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Kelly Surina, (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 11/7/2016. Redacted Transcript Deadline set for 11/17/2016. Release of Transcript Restriction set for 1/14/2017.(McGuirk, Kelly)
October 11, 2016 Opinion or Order Filing 671 ORDER: It is hereby ORDERED that, as soon as possible and no later than November 2, 2016, Plaintiffs shall submit the following herein. All proposed orders requested herein shall be filed as exhibits to other submissions, and a courtesy copy shall be emailed to Chambers in Word format. All revisions of documents previously submitted shall be submitted in both "redline" and "clean" versions. All documents shall be conformed to reflect changes in any other documents, except that dates in the proposed forms of notice may remain as placeholders. (Signed by Judge Lorna G. Schofield on 10/11/2016) (kgo)
October 5, 2016 Opinion or Order Minute Entry for proceedings held before Judge Lorna G. Schofield: Oral Argument held on 10/5/2016 re: #653 MOTION to Approve Form and Manner of Notice of Settlements and Plan of Distribution . (jcs)
October 3, 2016 Opinion or Order Filing 670 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 10/3/2016 re: Update re administration of settlements. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit 1)(Burke, Christopher)
September 29, 2016 Opinion or Order Filing 669 JOINT LETTER addressed to Judge Lorna G. Schofield from Michael D. Hausfeld, Christopher M. Burke, and G. Patrick Montgomery dated 09/29/2016 re: production of names and addresses of putative settlement class members. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Hausfeld, Michael)
September 28, 2016 Opinion or Order Filing 668 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 9/28/2016 re: Revised filing pursuant to 9/23/2016 Order. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit B)(Burke, Christopher)
September 28, 2016 Opinion or Order Filing 667 ORDER granting #666 Letter Motion for Extension of Time to Answer: APPLICATION GRANTED. Non-Settling Defendants shall answer or otherwise respond to the Third Amended Complaint by November 18, 2016. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
September 27, 2016 Opinion or Order Filing 666 LETTER MOTION for Extension of Time to File Answer addressed to Judge Lorna G. Schofield from Non-Settling Defendants dated September 27, 2016. Document filed by Bank of Tokyo-Mitsubishi UFJ Ltd., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Morgan Stanley, Morgan Stanley & Co. International plc, Morgan Stanley & Co. LLC, RBC Capital Markets, LLC, Societe Generale S.A., Standard Chartered PLC.(Januszewski, David)
September 23, 2016 Opinion or Order Filing 665 MEMO ENDORSEMENT on re: #664 Letter,,,, filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Jeffrey Sterk, Kimberly Sterk, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller. ENDORSEMENT: APPLICATION GRANTED. By September 28, 2016, Plaintiffs shall file revised versions (and redlines) of the documents submitted in support of their motion. At the conference scheduled for October 5, 2016, Plaintiffs may use the courtroom projector to display illustrations of the Proposed Plan of Distribution and claims process. (Signed by Judge Lorna G. Schofield on 9/23/2016) (kgo)
September 22, 2016 Opinion or Order Filing 664 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 9/22/2016 re: 10/5/2016 conference. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
September 22, 2016 Opinion or Order Filing 663 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 08/31/2016 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Grant, Patricia)
September 22, 2016 Opinion or Order Filing 662 TRANSCRIPT of Proceedings re: Conference held on 8/31/2016 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Eve Giniger, (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 10/17/2016. Redacted Transcript Deadline set for 10/27/2016. Release of Transcript Restriction set for 12/27/2016.(Grant, Patricia)
September 20, 2016 Opinion or Order Filing 661 OPINION AND ORDER re: #507 MOTION to Dismiss Second Consolidated Amended Class Action Complaint. filed by Bank of Tokyo-Mitsubishi UFJ Ltd., Standard Chartered PLC, Morgan Stanley, RBC Capital Markets, LLC, Societe Generale S.A., Morgan Stanley & Co. LLC, Credit Suisse AG, Credit Suisse Securities (USA) LLC, Morgan Stanley & Co. International plc, Deutsche Bank AG, Credit Suisse Group AG. For the foregoing reasons, the NSDs' motion is GRANTED with respect to - Plaintiffs' antitrust claims based on transactions executed on foreign exchanges; - Plaintiffs' antitrust claims based on transactions between U.S.-domiciled OTC Plaintiffs (operating outside the United States) and a foreign desk of a Defendant; - Plaintiffs' claims (antitrust and CEA) based on transactions executed before December 1, 2007; - Exchange Plaintiffs' CEA false reporting claims; and - Exchange Plaintiffs' CEA claims arising out of transactions conducted on foreign exchanges. The motion is DENIED as to all other claims. The Clerk of Court is directed to close the motion at Docket No. 507. (Signed by Judge Lorna G. Schofield on 9/20/2016) (kgo)
September 12, 2016 Opinion or Order Filing 660 LETTER addressed to Judge Lorna G. Schofield from Michael D. Hausfeld and Christopher M. Burke dated September 12, 2016 re: response to Non-Settling Defendants letter dated September 8, 2016. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Hausfeld, Michael)
September 8, 2016 Opinion or Order Filing 659 LETTER addressed to Judge Lorna G. Schofield from Non-Settling Defendants dated September 8, 2016 Document filed by Bank of Tokyo-Mitsubishi UFJ Ltd., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Morgan Stanley, Morgan Stanley & Co. International plc, Morgan Stanley & Co. LLC, RBC Capital Markets, LLC, Societe Generale S.A., Standard Chartered PLC.(Moses, Jonathan)
September 7, 2016 Opinion or Order Filing 658 ORDER: WHEREAS, on August 31, 2016, Plaintiffs filed a motion for approval of the form and manner of notice of settlements and for an order preliminarily approving the plan of distribution. It is hereby ORDERED that a conference will be held on October 5, 2016, at 11:00 a.m., ( Oral Argument set for 10/5/2016 at 11:00 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 9/07/2016) (ama)
September 7, 2016 Opinion or Order Filing 657 LETTER addressed to Judge Lorna G. Schofield from Matthew A. Schwartz dated September 7, 2016 re: Former Law Clerk Joins Sullivan & Cromwell LLP. Document filed by Barclays Bank PLC.(Schwartz, Matthew)
August 31, 2016 Opinion or Order Minute Entry for proceedings held before Judge Lorna G. Schofield: Telephone Conference held on 8/31/2016. (Court Reporter Eve Giniger) (jcs)
August 31, 2016 Opinion or Order Filing 656 DECLARATION of Vincent Briganti & Gregory S. Asciolla in Support re: #653 MOTION to Approve Form and Manner of Notice of Settlements and Plan of Distribution .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Burke, Christopher)
August 31, 2016 Opinion or Order Filing 655 DECLARATION of David E. Kovel in Support re: #653 MOTION to Approve Form and Manner of Notice of Settlements and Plan of Distribution .. Document filed by J. Paul Antonello, Augustus International Master Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
August 31, 2016 Opinion or Order Filing 654 MEMORANDUM OF LAW in Support re: #653 MOTION to Approve Form and Manner of Notice of Settlements and Plan of Distribution . . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
August 31, 2016 Opinion or Order Filing 653 MOTION to Approve Form and Manner of Notice of Settlements and Plan of Distribution . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1 - Mail Notice, #3 Exhibit 2 - Claim Form, #4 Exhibit 3 - Summary Notice, #5 Exhibit 4 - Plan of Distribution)(Burke, Christopher) Modified on 12/20/2016 (kgo).
August 31, 2016 Opinion or Order Filing 652 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated August 31, 2016 re: Continuing need for redactions. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
August 25, 2016 Opinion or Order Filing 651 NOTICE OF APPEARANCE by Peter Anthony Barile, III on behalf of Haverhill Retirement System. (Barile, Peter)
August 24, 2016 Opinion or Order Filing 650 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 8/24/16 re: Response to Defendants' 8/16/16 Letter. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
August 24, 2016 Opinion or Order Filing 649 NOTICE of Withdrawal of Peter A. Barile III as counsel for Plaintiff Syena Global Emerging Markets Fund, LP. Document filed by Syena Global Emerging Markets Fund, LP. (Barile, Peter)
August 24, 2016 Opinion or Order Filing 648 MEMO ENDORSEMENT on re: (223 in 1:15-cv-04285-LGS) JOINT LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from the TAC Defendants dated August 2, 2016. filed by Barclays Capital Inc., UBS Securities, LLC, Citibank, N.A., Royal Bank of Scotland Group plc, UBS Investment Bank, Americas, JPMorgan Chase Bank, N.A., Barclays PLC, UBS AG, Barclays Group US Inc., Royal Bank of Scotland PLC, RBS Securities, Inc., JPMorgan Chase & Co., Barclays Bank PLC, Citigroup, Inc., UBS Investment Bank. ENDORSEMENT: A pre-motion conference for Settling Defendants' proposed motions to enjoin and/or dismiss will be held on August 31, 2016, at 11:30 a.m. The conference will be by telephone; at the appointed time, the parties shall jointly call Chambers at (212) 805-0288. ( Telephone Conference set for 8/31/2016 at 11:30 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 8/24/2016) (kgo)
August 16, 2016 Opinion or Order Filing 647 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 8/16/2016 re: Update to July 1, 2016 Letter. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
August 16, 2016 Opinion or Order Filing 646 LETTER addressed to Judge Lorna G. Schofield from Non-Settling Defendants dated August 16, 2016 re: Supplemental Authority. Document filed by Bank of Tokyo-Mitsubishi UFJ Ltd., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Morgan Stanley, Morgan Stanley & Co. International plc, Morgan Stanley & Co. LLC, RBC Capital Markets, LLC, Societe Generale S.A., Standard Chartered PLC.(Januszewski, David)
August 1, 2016 Opinion or Order Filing 645 NOTICE OF CHANGE OF ADDRESS by William Curtis Fredericks on behalf of J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. New Address: Scott+Scott, Attorneys at Law, LLP, 230 Park Avenue, 17th Floor, New York, NY, USA 10169, 212-223-6444. (Fredericks, William)
August 1, 2016 Opinion or Order Filing 644 NOTICE OF CHANGE OF ADDRESS by Sylvia Sokol on behalf of J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. New Address: Scott+Scott, Attorneys at Law, LLP, 230 Park Avenue, 17th Floor, New York, NY, USA 10169, 212-223-6444. (Sokol, Sylvia)
August 1, 2016 Opinion or Order Filing 643 NOTICE OF CHANGE OF ADDRESS by Joseph Peter Guglielmo on behalf of J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. New Address: Scott+Scott, Attorneys at Law, LLP, 230 Park Avenue, 17th Floor, New York, New York, USA 10169, 212-223-6444. (Guglielmo, Joseph)
August 1, 2016 Opinion or Order Filing 642 NOTICE OF CHANGE OF ADDRESS by Thomas Kay Boardman on behalf of J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. New Address: Scott+Scott, Attorneys at Law, LLP, 230 Park Avenue, 17th Floor, New York, New York, USA 10169, 212-223-6444. (Boardman, Thomas)
August 1, 2016 Opinion or Order Filing 641 NOTICE OF APPEARANCE by Adam Samuel Lurie on behalf of Societe Generale S.A.. (Lurie, Adam)
July 26, 2016 Opinion or Order Filing 640 MEMO ENDORSEMENT on re: #639 Letter,,,, filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Jeffrey Sterk, Kimberly Sterk, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller. ENDORSEMENT: The July 27, 2016, conference is canceled. (Signed by Judge Lorna G. Schofield on 7/26/2016) (kgo)
July 26, 2016 Opinion or Order Filing 639 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Jonathan M. Moses dated 7/26/2016 re: Discovery dispute update. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
July 18, 2016 Opinion or Order Filing 638 NOTICE OF APPEARANCE by Maxwell Arlie Halpern Kosman on behalf of Bank of Tokyo-Mitsubishi UFJ Ltd.. (Kosman, Maxwell)
July 18, 2016 Opinion or Order Filing 637 NOTICE OF APPEARANCE by Anand Sithian on behalf of Bank of Tokyo-Mitsubishi UFJ Ltd.. (Sithian, Anand)
July 14, 2016 Opinion or Order Filing 636 MEMO ENDORSEMENT on re: #634 Letter, granting #633 Letter Motion for Conference re: Discovery Dispute. ENDORSEMENT: A Telephone Conference regarding the discovery dispute will be held on July 27, 2016, at 4:30 p.m. In advance of the Conference, the parties are encouraged to continue to meet and confer on these matters and provide an update to the Court no later than noon on July 26, 2016. (Telephone Conference set for 7/27/2016 at 04:30 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 7/14/2016) (kko)
July 14, 2016 Opinion or Order Filing 635 NOTICE OF APPEARANCE by Karen M. Lerner on behalf of Neil Taylor. (Lerner, Karen)
July 13, 2016 Opinion or Order Filing 634 LETTER addressed to Judge Lorna G. Schofield from David G. Januszewski dated July 13,2016 re: Response to Plaintiffs' July 8,2016 Letter. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Morgan Stanley, Morgan Stanley & Co. International plc, Morgan Stanley & Co. LLC.(Januszewski, David)
July 8, 2016 Opinion or Order Filing 633 LETTER MOTION for Conference re Discovery Dispute addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 7/8/2016. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
July 5, 2016 Opinion or Order Filing 632 ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL granting #629 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED that the motion of Matthew F. Sullivan to withdraw as counsel for Barclays Bank PLC and Barclays Capital Inc. is granted, and Mr. Sullivan's appearance is withdrawn as of the date of this order. APPLICATION GRANTED. The Clerk of Court is directed to remove Matthew F. Sullivan from the Docket and close the motion at Docket No. 629. Attorney Matthew Francis Sullivan terminated (Signed by Judge Lorna G. Schofield on 7/5/2016) (kgo)
July 1, 2016 Opinion or Order Filing 631 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 7/1/2016 re: Continuing need for redactions. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
July 1, 2016 Opinion or Order Filing 630 LETTER addressed to Judge Lorna G. Schofield from Michael D. Hausfeld and Christopher M. Burke dated 07/1/2016 re: status of plan of distribution and notice. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Hausfeld, Michael)
July 1, 2016 Opinion or Order Filing 629 MOTION for Matthew F. Sullivan to Withdraw as Attorney for Barclays Bank PLC and Barclays Capital Inc. Document filed by Barclays Bank PLC, Barclays Capital Inc..(Sullivan, Matthew)
June 30, 2016 Opinion or Order Filing 628 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 6/30/2016 re: Discovery stay. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
June 28, 2016 Opinion or Order Filing 627 LETTER addressed to Judge Lorna G. Schofield from Joseph M. Alioto and Lingel Winters dated June 28, 2016 re: Defendants' June 27 Correspondence. Document filed by John Nypl.(Alioto, Joseph)
June 27, 2016 Opinion or Order Filing 626 LETTER addressed to Judge Lorna G. Schofield from Joseph M. Alioto and Lingel Winters dated June 27, 2016 re: June 22 Correspondence. Document filed by John Nypl. (Attachments: #1 Exhibit)(Alioto, Joseph)
June 22, 2016 Opinion or Order Filing 625 LETTER addressed to Judge Lorna G. Schofield from Michael D. Hausfeld & Christopher M. Burke dated 6/22/16 re: In re Foreign Exchange Benchmark Rates Antitrust Litigation, 1:13-cv-07789-LGS (S.D.N.Y.). Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Hausfeld, Michael)
June 17, 2016 Opinion or Order Filing 624 MEMO ENDORSEMENT on re: (30 in 1:16-cv-02627-LGS) Letter filed by Brendan Farrell. ENDORSEMENT: The case is STAYED pending further order of the Court. By August 15, 2016, and every two months thereafter, the parties shall file a letter updating the Court on the status of any Independent Fiduciary's evaluation of the proposed settlements. (Signed by Judge Lorna G. Schofield on 6/17/2016) (mro)
June 15, 2016 Opinion or Order Filing 623 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 06/01/2016 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Grant, Patricia)
June 15, 2016 Opinion or Order Filing 622 TRANSCRIPT of Proceedings re: Conference held on 6/1/2016 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Rebecca Forman, (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 7/11/2016. Redacted Transcript Deadline set for 7/21/2016. Release of Transcript Restriction set for 9/16/2016.(Grant, Patricia)
June 7, 2016 Opinion or Order Filing 621 ELECTRONIC SUMMONS ISSUED as to Standard Chartered Bank. (laq)
June 3, 2016 Opinion or Order Filing 620 REQUEST FOR ISSUANCE OF SUMMONS as to Standard Chartered Bank, re: #619 Amended Complaint,,,,,,,,,,,,. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
June 3, 2016 Opinion or Order Filing 619 THIRD AMENDED COMPLAINT amending #465 Amended Complaint,,,,,,,,,,,, against BNP Paribas Group, BNP Paribas North America, Inc., BNP Paribas Prime Brokerage, Inc., BNP Paribas Securities Corp., Bank Of America Corporation, Bank of America, N.A., Bank of Tokyo-Mitsubishi UFJ Ltd., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citicorp, Citigroup Global Markets, Inc., Citigroup, Inc., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Deutsche Bank Securities Inc., Goldman, Sachs & Co., HSBC Bank USA, N.A., HSBC Bank plc, HSBC Holdings plc, HSBC North America Holdings, Inc., HSBC Securities (USA) Inc., JPMorgan Chase & Co., JPMorgan Chase Bank National Association, Merrill Lynch, Pierce, Fenner & Smith Inc., Morgan Stanley, Morgan Stanley & Co. International plc, Morgan Stanley & Co. LLC, RBC Capital Markets, LLC, RBS Securities, Inc., Royal Bank of Scotland Group, PLC, Societe Generale S.A., The Goldman Sachs Group, Inc., UBS AG, UBS Group AG, UBS Securities LLC, Standard Chartered Bank with JURY DEMAND.Document filed by Michael J. Smith, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Michael Melissinos, Oklahoma Firefighters Pension and Retirement System, Izee Trading Company, J. Paul Antonello, Value Recovery Fund LLC, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Jeffrey Sterk, State-Boston Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Peter Rives, Tiberius OC Fund, Ltd., Robert Miller, Haverhill Retirement System, John Kerstein, Thomas Gramatis, Mark Miller, Marc G. Frederighi, Aureus Currency Fund, L.P., Richard Preschern dba Preschern Trading, Doug Harvey, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Kimberly Sterk, Systrax Corporation. Related document: #465 Amended Complaint,,,,,,,,,,,, filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Jeffrey Sterk, Kimberly Sterk, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller. (Attachments: #1 Appendix 1, #2 Appendix 2, #3 Appendix 3)(Burke, Christopher)
June 3, 2016 Opinion or Order Filing 618 SEALED DOCUMENT placed in vault.(mps)
June 3, 2016 Opinion or Order Filing 617 NOTICE OF CHANGE OF ADDRESS by Linda P. Nussbaum on behalf of Michael Melissinos, Jeffrey Sterk, Kimberly Sterk. New Address: Nussbaum Law Group, P.C., 1211 Avenue of the Americas, 40th Floor, New York, New York, United States 10036-8718, (917) 438-9102. Filed In Associated Cases: 1:13-cv-07789-LGS, 1:15-cv-02705-LGS(Nussbaum, Linda)
June 2, 2016 Opinion or Order Filing 616 RESPONSE in Opposition to Motion re: #507 MOTION to Dismiss Second Consolidated Amended Class Action Complaint. (Supplemental Brief). Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
June 2, 2016 Opinion or Order Filing 615 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #507 MOTION to Dismiss Second Consolidated Amended Class Action Complaint. NON-SETTLING DEFENDANTS SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION TO DISMISS THE CLAIMS OF THE OTC PLAINTIFFS FOR LACK OF ANTITRUST STANDING. Document filed by Bank of Tokyo-Mitsubishi UFJ Ltd., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Morgan Stanley, Morgan Stanley & Co. International plc, Morgan Stanley & Co. LLC, RBC Capital Markets, LLC, Societe Generale S.A., Standard Chartered PLC. (Serino, Joseph)
June 1, 2016 Opinion or Order Filing 614 ORDER granting #584 Letter Motion for Leave to File Document. WHEREAS, on June 1, 2016, a conference was held. For the reasons stated at the conference, it is hereby ORDERED that Plaintiffs' letter motion to file a Third Amended Class Action Complaint ("TAC") is GRANTED. Plaintiffs shall file the TAC in redacted form and under seal by June 3, 2016. It is further ORDERED that Standard Chartered Bank's application to adopt the arguments made in Standard Chartered plc's briefs in support of Defendants' pending motion to dismiss (Dkt. Nos. 507, 515) is GRANTED. It is further ORDERED that the Negrete Plaintiffs' objection to the proposed Agreement of Settlement with Citigroup, Inc., Citibank, N.A., Citicorp, and Citigroup Global Markets Inc., (Dkt. No. 587) is OVERRULED without prejudice to renewal. Any renewed objection to the Citigroup Settlement Agreement shall be made in accordance with the timeline set forth in any future order granting Plaintiff's motion for the approval of Notice of Settlement and Plan of Distribution. It is further ORDERED that, by July 1, 2016, Plaintiffs shall file a letter updating the Court on their ability to file a motion for approval of Notice of Settlement and Plan of Distribution by August 31, 2016. It is further ORDERED that the Settling Defendants' April 15, 2016, letter motion for a pre-motion conference, construed as a motion to enjoin the Allen action's prosecution of certain claims enjoined by the December 15, 2015, order preliminarily approving nine settlements in FOREX, is GRANTED in part. The Allen action is enjoined insofar as the Second Amended Class Action Complaint (15 Civ. 4285, Dkt. No. 182) bases its claims on collusive conduct related to FX instruments. The Clerk of Court is directed to close the motion at Dkt. No. 584. (Signed by Judge Lorna G. Schofield on 6/1/2016) (mro)
May 27, 2016 Opinion or Order Filing 613 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 5/27/2016 re: Proposed timeline for filing Plan of Distribution. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
May 26, 2016 Opinion or Order Filing 612 ORDER granting in part and denying in part #611 Letter Motion for Leave to File Excess Pages. APPLICATION GRANTED in part. The non-settling Defendants shall have five additional pages of briefing, and Plaintiffs shall have five additional pages of briefing, limited to the issue identified above, to be submitted simultaneously on June 2, 2016. The Clerk of Court is directed to close the motion at Docket No. 611. (Signed by Judge Lorna G. Schofield on 5/26/2016) (kgo)
May 26, 2016 Opinion or Order Filing 611 JOINT LETTER MOTION for Leave to File Excess Pages in support of the pending motion to dismiss addressed to Judge Lorna G. Schofield from Joseph Serino, Jr., P.C. dated May 26, 2016. Document filed by Bank of Tokyo-Mitsubishi UFJ Ltd., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Morgan Stanley, Morgan Stanley & Co. LLC, RBC Capital Markets, LLC, Societe Generale S.A., Standard Chartered PLC.(Serino, Joseph)
May 26, 2016 Opinion or Order Filing 610 LETTER addressed to Judge Lorna G. Schofield from Andrew A. Ruffino dated May 26, 2016 re: Further Response to Negrete Objection. Document filed by Citibank N.A., Citicorp, Citigroup Global Markets, Inc., Citigroup, Inc.. (Attachments: #1 Exhibit A)(Ruffino, Andrew)
May 24, 2016 Opinion or Order Filing 609 NOTICE OF CHANGE OF ADDRESS by Peter Anthony Barile, III on behalf of Haverhill Retirement System. New Address: Scott+Scott, Attorneys at Law, LLP, 405 Lexington Avenue, 40th Floor, New York, NY, 10174, 212-223-6444. (Barile, Peter)
May 10, 2016 Opinion or Order Filing 608 MEMO ENDORSEMENT on re: #605 Letter, filed by Citibank N.A., Citigroup Global Markets, Inc., Citigroup, Inc., Citicorp. ENDORSEMENT: APPLICATION GRANTED in part. The Negretes' objection to the preliminary approval of settlement and any response from the Citi Defendants and the Class Plaintiffs will be heard at the Conference on June 1, 2016. No conference will be held in this matter on May 19, 2016. (Signed by Judge Lorna G. Schofield on 5/10/2016) (kgo)
May 9, 2016 Opinion or Order Filing 607 MEMO ENDORSEMENT on re: #604 Letter, filed by Standard Chartered PLC. ENDORSEMENT: APPLICATION DENIED. No conference in this matter will be held on May 11, 2016. The oral ruling on Plaintiffs' Motion to Amend the Complaint will take place on June 1, 2016, at 10:40 a.m. No argument on the merits will be heard. Any party may participate by phone by calling Chambers at 212-805-0288 when all phone participants are on the line. Plaintiffs shall submit a blackline of the proposed amended complaint by May 25, 2016. (Signed by Judge Lorna G. Schofield on 5/9/2016) (kgo)
May 9, 2016 Opinion or Order Filing 606 OPPOSITION BRIEF re: #587 Objection (non-motion) . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
May 9, 2016 Opinion or Order Filing 605 LETTER addressed to Judge Lorna G. Schofield from Andrew A. Ruffino dated May 9, 2016 re: Response to Negrete Objection. Document filed by Citibank N.A., Citicorp, Citigroup Global Markets, Inc., Citigroup, Inc.. (Attachments: #1 Exhibit A)(Ruffino, Andrew)
May 6, 2016 Opinion or Order Filing 604 LETTER addressed to Judge Lorna G. Schofield from Andrew W. Stern dated May 6, 2016 re: Confirmation that the Oral Ruling Conference will be held on May 11, 2016 at 4:00 p.m. and that the parties are to appear via telephone. Document filed by Standard Chartered PLC.(Stern, Andrew)
May 5, 2016 Opinion or Order Filing 603 ORDER denying as moot #598 Letter Motion to Adjourn Conference: Application DENIED as moot per Dkt. No. 602. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
May 5, 2016 Opinion or Order Filing 602 ORDER granting #599 Letter Motion for Extension of Time: Application GRANTED. The deadline for Plaintiffs to submit a motion for approval of notice of settlement and plan of distribution, and the related May 19, 2016, conference are adjourned sine die, pending an update and proposal of a new date at the already scheduled June 1, 2016 conference. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
May 2, 2016 Opinion or Order Filing 601 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 5/2/2016 re: Continuing need for redactions. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
May 2, 2016 Opinion or Order Filing 600 ORDER granting in part and denying in part #597 Letter Motion to Adjourn Conference. APPLICATION GRANTED in part. The hearing set for May 11, 2016, is adjourned to June 1, 2016, at 10:40 a.m. The Clerk of Court is directed to file this order in all three cases, captioned below and close the motions at Docket No. 188. in Case No. 15-cv-4285; and Docket No. 597 in Case No. 13-cv-7789. (Signed by Judge Lorna G. Schofield on 5/2/2016) (kgo)
May 2, 2016 Opinion or Order Filing 599 LETTER MOTION for Extension of Time to file Plaintiffs Motion for Approval of Notice of Settlement and Plan of Distribution and adjourn conference addressed to Judge Lorna G. Schofield from Michael D. Hausfeld and Christopher M. Burke dated 5-2-2016. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Hausfeld, Michael)
May 2, 2016 Opinion or Order Filing 598 LETTER MOTION to Adjourn Conference addressed to Judge Lorna G. Schofield from Michael D. Hausfeld and Christopher M. Burke dated 5-2-2016. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Hausfeld, Michael)
May 2, 2016 Opinion or Order Set/Reset Deadlines as to Motion Hearing set for 6/1/2016 at 10:40 AM before Judge Lorna G. Schofield. (kgo)
April 29, 2016 Opinion or Order Filing 597 LETTER MOTION to Adjourn Conference addressed to Judge Lorna G. Schofield from Michael D. Hausfeld and Christopher M. Burke dated 4/29/2016. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Hausfeld, Michael)
April 26, 2016 Opinion or Order Filing 596 LETTER addressed to Judge Lorna G. Schofield from J. Ross Wallin dated 4/26/2016 re: Response to Settling Defendants' request for pre-motion conference re motion to enforce injunction against Allen action. Document filed by Doris Sue Allen, Hedy L. Anselman, Jonathan G. Axelrod, John A. Boardman, Timothy R. Garrett, Dana Kellen, Donna S. Lucas, Warren J. Pepicelli.(Wallin, J.)
April 19, 2016 Opinion or Order Filing 594 ORDER: It is hereby ORDERED that the proceeding in this matter, previously scheduled for May 4, 2016 at 10:40 a.m., shall be adjourned to May 11, 2016 at 4:00 p.m., due to a conflict in the Court's schedule. (Signed by Judge Lorna G. Schofield on 4/19/2016) (kgo)
April 19, 2016 Opinion or Order Filing 593 ORDER granting in part and denying in part #591 Letter Motion for Conference. APPLICATION GRANTED in part and DENIED in part. A conference on the motion to enforce the injunction will be held on May 11, 2016, at 4:00 p.m. Plaintiffs shall respond to this letter by April 26, 2016, by letter not exceeding three pages. The request to stay discovery is DENIED. (Signed by Judge Lorna G. Schofield on 4/19/2016) (kgo)
April 19, 2016 Opinion or Order Set/Reset Deadlines as to Motion Hearing set for 5/11/2016 at 04:00 PM before Judge Lorna G. Schofield. (kgo)
April 18, 2016 Opinion or Order Filing 595 MEMO ENDORSEMENT on re: #589 Letter filed by Eduardo Negrete, Gervasio Negrete. ENDORSEMENT: Application GRANTED. The objection of Eduardo Negrete and Gervasio Negrete will be heard at the May 19, 2016, conference. Any response to the written objection filed on April 14, 2016, shall be filed by May 9, 2016. (Signed by Judge Lorna G. Schofield on 4/18/2016) (kgo)
April 18, 2016 Opinion or Order Filing 592 MEMO ENDORSEMENT on re: #590 Letter filed by Standard Chartered PLC re: Response to Plaintiffs' Letter Motion dated April 7, 2016 (Dkt No. 584). ENDORSEMENT: A conference will be held on May 4, 2016, at 10:40 a.m., for an oral ruling on Plaintiffs' motion to amend the Complaint. No argument on the merits will be heard. Any party may participate by phone by calling Chambers at 212-805-0288 when all phone participants are on the line. Plaintiffs shall submit a blackline of the proposed amended complaint by May 2, 2016. SO ORDERED. Set Deadlines/Hearing as to #584 LETTER MOTION for Leave to File Third Consolidated Amended Class Action Complaint: (Motion Hearing set for 5/4/2016 at 10:40 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 4/18/2016) (kko)
April 15, 2016 Opinion or Order Filing 591 JOINT LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from The Settling Defendants dated April 15, 2016. Document filed by BNP Paribas Group, BNP Paribas North America, Inc., BNP Paribas Prime Brokerage, Inc., BNP Paribas Securities Corp., Bank Of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citicorp, Citigroup Global Markets, Inc., Citigroup, Inc., Goldman, Sachs & Co., HSBC Bank USA, N.A., HSBC Bank plc, HSBC Holdings plc, HSBC North America Holdings, Inc., JPMorgan Chase & Co., JPMorgan Chase Bank National Association, Merrill Lynch, Pierce, Fenner & Smith Inc., RBS Securities, Inc., The Goldman Sachs Group, Inc., The Royal Bank of Scotland Group PLC, The Royal Bank of Scotland PLC, UBS AG, UBS Group AG, UBS Securities LLC.(Greene, Peter)
April 14, 2016 Opinion or Order Filing 590 LETTER addressed to Judge Lorna G. Schofield from Andrew W. Stern dated April 14, 2016 re: Response to Plaintiffs' Letter Motion dated April 7, 2016 (Dkt No. 584). Document filed by Standard Chartered PLC.(Stern, Andrew)
April 14, 2016 Opinion or Order Filing 589 LETTER addressed to Judge Lorna G. Schofield from Blaine Bortnick dated April 14, 2016 re: Request for Oral Argument. Document filed by Eduardo Negrete, Gervasio Negrete.(Halter, James)
April 14, 2016 Opinion or Order Filing 588 DECLARATION of Blaine Bortnick in Opposition re: #479 MOTION for Settlement (Preliminary Approval)., #587 Objection (non-motion). Document filed by Eduardo Negrete, Gervasio Negrete. (Halter, James)
April 14, 2016 Opinion or Order Filing 587 Objection re: #479 MOTION for Settlement (Preliminary Approval). . Document filed by Eduardo Negrete, Gervasio Negrete. (Halter, James)
April 14, 2016 Opinion or Order Filing 586 NOTICE OF APPEARANCE by James William Halter on behalf of Eduardo Negrete, Gervasio Negrete. (Halter, James)
April 14, 2016 Opinion or Order Filing 585 NOTICE OF APPEARANCE by Blaine Howell Bortnick on behalf of Eduardo Negrete, Gervasio Negrete. (Bortnick, Blaine)
April 7, 2016 Opinion or Order Filing 584 LETTER MOTION for Leave to File Third Consolidated Amended Class Action Complaint addressed to Judge Lorna G. Schofield from Michael D. Hausfeld and Christopher M. Burke dated 4/7/16. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Hausfeld, Michael)
March 31, 2016 Opinion or Order Filing 583 MEMO ENDORSEMENT on re: #581 Letter re: Discovery Stay, filed by U.S. Department of Justice. ENDORSEMENT: APPLICATION GRANTED in part. The discovery stay as to interrogatories, requests of admission and depositions is extended for a period of three months. By June 30, 2016, the parties shall provide a letter to the Court indicating whether the stay can be lifted or narrowed, and the reasons for any continued limitations on discovery. (Signed by Judge Lorna G. Schofield on 3/31/2016) (spo)
March 31, 2016 Opinion or Order Filing 582 OPINION and ORDER re: #501 MOTION to Dismiss for Lack of Jurisdiction . filed by Standard Chartered PLC: For the foregoing reasons, (i) the motions of BTMU and Societe Generale to dismiss for lack of personal jurisdiction are DENIED; and (ii) the motion of Standard Chartered plc to dismiss for lack of personal jurisdiction is GRANTED. Any application to substitute Standard Chartered Bank as a defendant shall be filed as a letter motion within seven days of this order. Any response shall be filed within seven days of Plaintiffs application. The parties submissions shall not exceed three pages in length. The Clerk of Court is directed to close the motion at Docket No. 501. (Signed by Judge Lorna G. Schofield on 03/31/2016) (jcs)
March 30, 2016 Opinion or Order Filing 581 LETTER addressed to Judge Lorna G. Schofield from Benjamin Sirota dated March 30, 2016 re: Discovery Stay. Document filed by U.S. Department of Justice.(Sirota, Benjamin)
March 24, 2016 Opinion or Order Filing 580 MEMO ENDORSEMENT on re: #579 Letter filed by U.S. Department of Justice. APPLICATION GRANTED. (Signed by Judge Lorna G. Schofield on 3/24/2016) (cf)
March 23, 2016 Opinion or Order Filing 579 LETTER addressed to Judge Lorna G. Schofield from Benjamin Sirota dated March 23, 2016 re: Discovery Stay. Document filed by U.S. Department of Justice.(Sirota, Benjamin)
March 11, 2016 Opinion or Order Filing 578 NOTICE OF APPEARANCE by Robert Gerard Eisler on behalf of Syena Global Emerging Markets Fund, LP. (Eisler, Robert)
March 10, 2016 Opinion or Order Filing 577 NOTICE OF APPEARANCE by C. Moze Cowper on behalf of Haverhill Retirement System. (Cowper, C.)
March 7, 2016 Opinion or Order Filing 576 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #507 MOTION to Dismiss Second Consolidated Amended Class Action Complaint. . Document filed by Standard Chartered PLC. (Stern, Andrew)
March 7, 2016 Opinion or Order Filing 575 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #507 MOTION to Dismiss Second Consolidated Amended Class Action Complaint. . Document filed by Morgan Stanley, Morgan Stanley & Co. International plc, Morgan Stanley & Co. LLC. (Moses, Jonathan)
March 7, 2016 Opinion or Order Filing 574 LETTER addressed to Judge Lorna G. Schofield from Non-Settling Defendants dated 3/7/2016 re: Motion to Dismiss Second Amended Complaint (Dkt. 507). Document filed by Bank of Tokyo-Mitsubishi UFJ Ltd., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Morgan Stanley, Morgan Stanley & Co. LLC, RBC Capital Markets, LLC, Societe Generale S.A., Standard Chartered PLC.(Januszewski, David)
March 7, 2016 Opinion or Order Filing 573 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #507 MOTION to Dismiss Second Consolidated Amended Class Action Complaint. . Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Januszewski, David)
March 7, 2016 Opinion or Order Filing 572 REPLY MEMORANDUM OF LAW in Support re: #507 MOTION to Dismiss Second Consolidated Amended Class Action Complaint. . Document filed by Bank of Tokyo-Mitsubishi UFJ Ltd., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Morgan Stanley, Morgan Stanley & Co. LLC, RBC Capital Markets, LLC, Societe Generale S.A., Standard Chartered PLC. (Januszewski, David)
March 7, 2016 Opinion or Order Filing 571 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #507 MOTION to Dismiss Second Consolidated Amended Class Action Complaint. . Document filed by Bank of Tokyo-Mitsubishi UFJ Ltd.. (Finch, Andrew)
March 7, 2016 Opinion or Order Filing 570 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #507 MOTION to Dismiss Second Consolidated Amended Class Action Complaint. . Document filed by Societe Generale S.A.. (Warnot, James)
March 7, 2016 Opinion or Order Filing 569 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #576) SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #501 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Standard Chartered PLC. (Stern, Andrew) Modified on 3/8/2016 (lb).
March 7, 2016 Opinion or Order Filing 568 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #507 MOTION to Dismiss Second Consolidated Amended Class Action Complaint. . Document filed by RBC Capital Markets, LLC. (Lanning, Joshua)
March 7, 2016 Opinion or Order Filing 567 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #507 MOTION to Dismiss Second Consolidated Amended Class Action Complaint. . Document filed by Deutsche Bank AG. (Serino, Joseph)
March 7, 2016 Opinion or Order Filing 566 ORDER granting #565 Motion for Jeannine M. Kenney to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
March 4, 2016 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #565 MOTION for Jeannine M. Kenney to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12027145. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
March 3, 2016 Opinion or Order Filing 565 MOTION for Jeannine M. Kenney to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12027145. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System. (Attachments: #1 Certificate of Good Standing Washington - D.C., #2 Certificate of Good Standing - Pennsylvania, #3 Text of Proposed Order)(Hausfeld, Michael)
March 1, 2016 Opinion or Order Filing 564 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 3/1/2016 re: Update re continuing redactions. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
February 24, 2016 Opinion or Order Filing 563 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 2/24/16 re: Response to New Defendants' Letter dated February 22, 2016. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Hausfeld, Michael)
February 22, 2016 Opinion or Order Filing 562 LETTER addressed to Judge Lorna G. Schofield from Andrew C. Finch dated February 22, 2016 re: To Notify The Court Of Supplemental Authority On New Foreign Defendants' Pending Motion To Dismiss For Lack Of Personal Jurisdiction. Document filed by Bank of Tokyo-Mitsubishi UFJ Ltd.. (Attachments: #1 Exhibit A)(Finch, Andrew)
February 9, 2016 Opinion or Order Filing 561 SEALED DOCUMENT placed in vault.(mps)
February 8, 2016 Opinion or Order Filing 560 ENDORSED LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke dated 2/5/2016 re: Request to file opposition under seal. ENDORSEMENT: APPLICATION GRANTED. The proposed redactions to Plaintiffs' Oppositions are approved pending further Order of the Court. Plaintiffs shall file the Oppositions (as defined above) under seal by February 12, 2016. (Responses due by 2/12/2016) (Signed by Judge Lorna G. Schofield on 2/8/2016) (kgo)
February 5, 2016 Opinion or Order Filing 559 MEMORANDUM OF LAW in Opposition re: #507 MOTION to Dismiss Second Consolidated Amended Class Action Complaint. (Response to Supplemental Briefs). Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
February 5, 2016 Opinion or Order Filing 558 MEMORANDUM OF LAW in Opposition re: #507 MOTION to Dismiss Second Consolidated Amended Class Action Complaint. . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
February 2, 2016 Opinion or Order Filing 557 LETTER addressed to Judge Lorna G. Schofield from Andrew W. Stern dated February 2, 2016 re: Defendants respectfully request oral argument on the PJX MTD.. Document filed by Standard Chartered PLC.(Stern, Andrew)
February 2, 2016 Opinion or Order Filing 556 REPLY MEMORANDUM OF LAW in Support re: #501 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Standard Chartered PLC. (Stern, Andrew)
January 25, 2016 Opinion or Order Filing 555 STIPULATION AND ORDER OF CONFIDENTIALITY...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Lorna G. Schofield on 1/25/2016) (kgo)
January 22, 2016 Opinion or Order Filing 554 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke dated 1/22/2016 re: Stipulation and [Proposed] Order of Confidentiality. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit Stipulation and [Proposed] Order of Confidentiality)(Burke, Christopher)
January 15, 2016 Opinion or Order Filing 553 MEMO ENDORSEMENT on re: #552 Letter, filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Jeffrey Sterk, Kimberly Sterk, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller. ENDORSEMENT: APPLICATION GRANTED. Any opposition to the Motion to Dismiss pursuant to 12(b)(6) shall be due by February 5, 2016; any reply shall be due by March 7, 2016. Class Plaintiffs shall have 21 pages in total to respond to the Defendants' supplemental briefs. Each Defendant shall have a one page reply to Plaintiffs' opposition to their supplemental briefs, due by March 7, 2016. Set Deadlines/Hearing as to #552 Letter, #507 MOTION to Dismiss Second Consolidated Amended Class Action Complaint: (Responses due by 2/5/2016, Replies due by 3/7/2016.) (Signed by Judge Lorna G. Schofield on 1/15/2016) (tro)
January 14, 2016 Opinion or Order Filing 552 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 1/14/2016 re: Request for extension re briefing. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
January 12, 2016 Opinion or Order Filing 551 DECLARATION of Michael D. Hausfeld in Opposition re: #501 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Hausfeld, Michael)
January 12, 2016 Opinion or Order Filing 550 MEMORANDUM OF LAW in Opposition re: #501 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Hausfeld, Michael)
January 7, 2016 Opinion or Order Filing 549 ORDER granting #545 Motion for Randall P. Ewing, Jr to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
January 7, 2016 Opinion or Order Filing 548 NOTICE OF CHANGE OF ADDRESS by Vincent Roger Cappucci on behalf of Augustus International Master Fund, L.P., Value Recovery Fund LLC. New Address: Entwistle & Cappucci LLP, 299 Park Avenue, 20th Floor, New York, NY, United States 10171, 2128947200. (Cappucci, Vincent)
January 7, 2016 Opinion or Order Filing 547 NOTICE OF CHANGE OF ADDRESS by Robert N Cappucci on behalf of Augustus International Master Fund, L.P., Value Recovery Fund LLC. New Address: Entwistle & Cappucci LLP, 299 Park Avenue, 20th Floor, New York, New York, USA 10171, 212-894-7200. (Cappucci, Robert)
January 6, 2016 Opinion or Order Filing 546 NOTICE OF CHANGE OF ADDRESS by Andrew J Entwistle on behalf of Augustus International Master Fund, L.P., Value Recovery Fund LLC. New Address: Entwistle & Cappucci LLP, 299 Park Avenue, 20th Floor, New York, NY, United States 10171, 212-894-7200. (Entwistle, Andrew)
January 6, 2016 Opinion or Order Filing 545 MOTION for Randall P. Ewing, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11806433. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ewing, Randall)
January 6, 2016 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #545 MOTION for Randall P. Ewing, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11806433. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
January 4, 2016 Opinion or Order Filing 542 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 1/4/2016 re: Response to 7/31/15 Order re Redactions. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
December 31, 2015 Opinion or Order Filing 541 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 12/31/2015 re: Orders dated 12/9/15, 12/14/15, 12/16/15. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
December 23, 2015 Opinion or Order Filing 540 SEALED DOCUMENT placed in vault.(rz)
December 22, 2015 Opinion or Order Filing 539 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent UBS Group AG for UBS AG; Corporate Parent UBS Americas Holding LLC, Corporate Parent UBS Americas, Inc. for UBS Securities LLC. Document filed by UBS AG, UBS Securities LLC.(Sanders, Joel)
December 21, 2015 Opinion or Order Filing 538 ENDORSED LETTER addressed to Judge Lorna G. Schofield from Joshua D. Lanning dated 12/18/2015 re: Writing to request clarification. ENDORSEMENT: The orders at Docket Nos. 521 and 528 are amended as follows: The proposed redactions to Exhibit 1 of the Supplemental Memorandum of Defendant RBC Capital Markets, LLC (Docket No. 522-1) ("Exhibit 1") are approved pending further Order of the Court. Provided RBC Capital Markets, LLC files Exhibit 1 under seal by December 24, 2015, the foregoing Supplemental Memorandum and all of its Exhibits are deemed timely filed on November 30, 2015. The Clerk of the Court is directed to accept Exhibit 1 for filing under seal. (Signed by Judge Lorna G. Schofield on 12/21/2015) (kgo)
December 21, 2015 Opinion or Order Transmission to Sealed Records Clerk. Transmitted re: #538 Endorsed Letter,,, to the Sealed Records Clerk for the sealing or unsealing of document or case. (kgo)
December 21, 2015 Opinion or Order ***DELETED DOCUMENT. Deleted document number #539 ORDER. The document was incorrectly filed in this case. (kgo)
December 15, 2015 Opinion or Order Filing 537 ORDER granting #535 Motion for Noah Smith-Drelich to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
December 15, 2015 Opinion or Order Filing 536 ORDER PRELIMINARILY APPROVING SETTLEMENTS, CONDITIONALLY CERTIFYING THE SETTLEMENT CLASSES, AND APPOINTING CLASS COUNSEL AND CLASS REPRESENTATIVES FOR THE SETTLEMENT CLASSES granting #479 Motion for Settlement. Upon review of the record, the Court finds that the Settlement Agreements resulted from arm's-length negotiations between highly experienced counsel and fall within the range of possible approval. Therefore, the Settlement Agreements are hereby preliminarily approved, subject to further consideration at the Fairness Hearing described below. The Court preliminarily finds that the settlements encompassed by the Settlement Agreements raise no obvious reasons to doubt their fairness and provide a reasonable basis for presuming that the Settlement Agreements satisfy the requirements of Rules 23(c)(2) and 23(e) of the Federal Rules of Civil Procedure and due process so that an appropriate notice of the Settlement Agreements should be given, subject to the Court's approval of a notice plan as provided in this Order. Direct Class Plaintiffs will serve as class representatives on behalf of the Direct Settlement Class, and Exchange-Only Class Plaintiffs will serve as class representatives on behalf of the Exchange-Only Settlement Class. At a later date, Class Lead Counsel shall submit for the Court's approval a proposed Plan of Distribution of the Settlement Funds. The Court approves the Class Lead Counsel's designation of Huntington National Bank as Escrow Agent. All reasonable expenses incurred in identifying and notifying potential Class Members as well as administering the Aggregate Settlement Funds shall be paid as set forth in the Settlement Agreements up to the sum of $500,000. Any such expenses in excess of $500,000 may be paid only with the approval of the Court. In the event the Court does not approve the settlements set forth in one or more of the Settlement Agreements, or if one or more of the Settlement Agreements otherwise fails to become effective, neither Class Plaintiffs nor any of their counsel shall have any obligation to repay any amounts actually and bona fide incurred or disbursed pursuant to paragraph 10(b) of such Settlement Agreement(s). (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 12/15/2015) (kgo)
December 14, 2015 Opinion or Order Filing 535 MOTION for Noah Smith-Drelich to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11734134. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System. (Attachments: #1 Exhibit Exh A - Cert of good standing, #2 Exhibit Exh B - proposed order)(Smith-Drelich, Noah)
December 14, 2015 Opinion or Order Filing 534 LETTER addressed to Judge Lorna G. Schofield from Gregory T. Casamento dated 12/14/2015 re: L. Civ. Rule 1.6(a) - Notice of Related Case. Document filed by HSBC Bank USA, N.A., HSBC Bank plc, HSBC Holdings plc, HSBC North America Holdings, Inc., HSBC Securities (USA) Inc.. (Attachments: #1 Exhibit A part 1 - Complaint in 1:15-cv-08974-RJS, #2 Exhibit A part 2 - Complaint in 1:15-cv-08974-RJS, #3 Exhibit B - Statement of Relatedness, #4 Exhibit C - Letter to Honorable Richard J. Sullivan)(Casamento, Gregory)
December 14, 2015 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #535 MOTION for Noah Smith-Drelich to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11734134. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
December 11, 2015 Opinion or Order Filing 533 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 12/3/15 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
December 11, 2015 Opinion or Order Filing 532 TRANSCRIPT of Proceedings re: conference held on 12/3/2015 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/4/2016. Redacted Transcript Deadline set for 1/14/2016. Release of Transcript Restriction set for 3/13/2016.(McGuirk, Kelly)
December 11, 2015 Opinion or Order Filing 531 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 12/11/2015 re: Response to Court's December 4 Order. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
December 9, 2015 Opinion or Order Filing 530 LETTER addressed to Judge Lorna G. Schofield from Matthew A. Schwartz dated December 9, 2015 re: Former Law Clerk Joins Sullivan & Cromwell LLP. Document filed by Barclays Bank PLC, Barclays Capital Inc..(Schwartz, Matthew)
December 8, 2015 Opinion or Order Filing 529 MEMO ENDORSEMENT on re: #519 Endorsed Letter. ENDORSEMENT: The order at Docket No. 519 is amended as follows: The proposed redactions to Defendant Bank of Tokyo-Mitsubishi UFJ, Ltd.'s Supplemental Memorandum are approved pending further order of the Court. Defendant Bank of Tokyo-Mitsubishi shall (1) file the unredacted Supplemental Memorandum and any exhibits under seal and (2) file the redacted version on ECF by December 1, 2015. The submission of the Supplemental Memorandum is deemed timely. (Signed by Judge Lorna G. Schofield on 12/8/2015) (kgo)
December 8, 2015 Opinion or Order Filing 528 MEMO ENDORSEMENT on re: #521 Endorsed Letter. ENDORSEMENT: The order at Docket No. 521 is amended as follows: The proposed redactions to Defendant RBC Capital Markets, LLC's Supplemental Memorandum are approved pending further Order of the Court. Defendant RBC Capital Markets shall (1) file the unredacted Supplemental Memorandum and any exhibits under seal and (2) file the redacted version on ECF by December 1, 2015. The submission of the Supplemental Memorandum is deemed timely. (Signed by Judge Lorna G. Schofield on 12/8/2015) (kgo)
December 4, 2015 Opinion or Order Filing 527 ORDER: that Class Counsel shall file the Motion for Approval of Notice of Settlement and Plan of Distribution by May 6, 2016. A hearing on the Motion shall be held on May 19, 2015, at 11:30 a.m. Class Counsel shall file a letter or letters explaining the compensation arrangements with the Claims Administrator, the Settlement Administrator and the Escrow Agent as soon as practicable. (Motions due by 5/6/2016.) (Motion Hearing set for 5/19/2016 at 11:30 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 12/4/2015) (tn) (Main Document 527 replaced on 12/7/2015) (tn). Modified on 3/23/2016 (kgo).
December 2, 2015 Opinion or Order Filing 526 ORDER granting #525 Letter Motion for Extension of Time to File Response/Reply as to #501 MOTION to Dismiss for Lack of Jurisdiction addressed to Judge Lorna G. Schofield from Andrew W. Stern dated December 2, 2015. APPLICATION GRANTED. Any opposition to the 12(b)(2) Motion, filed November 23, 2015, is due by January 12, 2016; any reply is due by February 2, 2016. The Clerk of the Court is directed to close the motion at Docket No. 525. (Responses due by 1/12/2016. Replies due by 2/2/2016.) (Signed by Judge Lorna G. Schofield on 12/2/2015) (adc)
December 2, 2015 Opinion or Order Filing 525 LETTER MOTION for Extension of Time to File Response/Reply as to #501 MOTION to Dismiss for Lack of Jurisdiction . addressed to Judge Lorna G. Schofield from Andrew W. Stern dated December 2, 2015. Document filed by Standard Chartered PLC.(Stern, Andrew)
December 2, 2015 Opinion or Order Filing 523 LETTER addressed to Judge Lorna G. Schofield from Matthew A. Schwartz dated December 2, 2015 re: Response to November 30, 2015 Supplemental Letter Filed by the Allen Plaintiffs. Document filed by Barclays Bank PLC, Barclays Capital Inc..(Schwartz, Matthew)
December 1, 2015 Opinion or Order Filing 524 SEALED DOCUMENT placed in vault.(mps)
December 1, 2015 Opinion or Order Filing 522 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #507 MOTION to Dismiss Second Consolidated Amended Class Action Complaint. . Document filed by RBC Capital Markets, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Lanning, Joshua)
December 1, 2015 Opinion or Order Filing 520 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #507 MOTION to Dismiss Second Consolidated Amended Class Action Complaint. . Document filed by Bank of Tokyo-Mitsubishi UFJ Ltd.. (Attachments: #1 Exhibit 1)(Finch, Andrew)
December 1, 2015 Opinion or Order Filing 518 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 12/1/2015 re: Per Court order to Efile 10/30 Letter. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
November 30, 2015 Opinion or Order Filing 521 ENDORSED LETTER addressed to Judge Lorna G. Schofield from Joshua D. Lanning dated 11/30/2015 re: Proposed redactions. ENDORSEMENT: APPLICATION GRANTED. The proposed redactions to Defendant RBC Capital Markets, LLC's Supplemental Memorandum are approved pending further Order of the Court. Defendant RBC Capital Markets shall (1) file the unredacted Supplemental Memorandum under seal and (2) file the redacted version on ECF by December 1, 2015. The submission of the Supplemental Memorandum is deemed timely. (Signed by Judge Lorna G. Schofield on 11/30/2015) (kgo)
November 30, 2015 Opinion or Order Filing 519 ENDORSED LETTER addressed to Judge Lorna G. Schofield from Andrew C. Finch dated 11/30/2015 re: Proposed redactions. ENDORSEMENT: APPLICATION GRANTED. The proposed redactions to Defendant Bank of Tokyo-Mitsubishi UFJ, Ltd.'s Supplemental Memorandum are approved pending further order of the Court. Defendant Bank of Tokyo-Mitsubishi shall (1) file the unredacted Supplemental Memorandum under seal and (2) file the redacted version on ECF by December 1, 2015. The submission of the Supplemental Memorandum is deemed timely. (Signed by Judge Lorna G. Schofield on 11/30/2015) (kgo) Modified on 12/1/2015 (kgo).
November 30, 2015 Opinion or Order Filing 517 LETTER addressed to Judge Lorna G. Schofield from J. Ross Wallin dated 11/30/2015 re: Notice of Subsequent Developments Supporting Allen Plaintiffs' Opposition to Motion for Preliminary Approval. Document filed by Doris Sue Allen, Donna S. Lucas, Dana Kellen, Hedy L. Anselman, Timothy R. Garrett, Jonathan G. Axelrod, John A. Boardman, Warren J. Pepicelli.(Wallin, J.)
November 30, 2015 Opinion or Order Filing 516 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #507 MOTION to Dismiss Second Consolidated Amended Class Action Complaint. Amended. Document filed by RBC Capital Markets, LLC. (Attachments: #1 Exhibit 1 (Placeholder), #2 Exhibit 2, #3 Exhibit 3)(Lanning, Joshua)
November 30, 2015 Opinion or Order Filing 515 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #507 MOTION to Dismiss Second Consolidated Amended Class Action Complaint. . Document filed by Standard Chartered PLC. (Attachments: #1 Exhibit A)(Stern, Andrew)
November 30, 2015 Opinion or Order Filing 514 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #507 MOTION to Dismiss Second Consolidated Amended Class Action Complaint. . Document filed by Deutsche Bank AG. (Serino, Joseph)
November 30, 2015 Opinion or Order Filing 513 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #507 MOTION to Dismiss Second Consolidated Amended Class Action Complaint. . Document filed by Societe Generale S.A.. (Attachments: #1 Exhibit A)(Warnot, James)
November 30, 2015 Opinion or Order Filing 512 FILING ERROR - DUPLICATE DOCUMENT (SEE #516 Memorandum) - SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #507 MOTION to Dismiss Second Consolidated Amended Class Action Complaint. . Document filed by RBC Capital Markets, LLC. (Attachments: #1 Exhibit 1 (Placeholder Pending Approval of Redactions), #2 Exhibit 2, #3 Exhibit 3)(Lanning, Joshua) Modified on 12/1/2015 (db).
November 30, 2015 Opinion or Order Filing 511 RESPONSE re: #496 Response in Opposition to Motion, /Settling Defendants' Response to Allen Plaintiffs' Response to Motion for Preliminary Approvoal of Settlement Agreements. Document filed by Settling Defendants. (Moloney, Thomas)
November 30, 2015 Opinion or Order Filing 510 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #507 MOTION to Dismiss Second Consolidated Amended Class Action Complaint. . Document filed by Morgan Stanley, Morgan Stanley & Co. International plc, Morgan Stanley & Co. LLC. (Moses, Jonathan)
November 30, 2015 Opinion or Order Filing 509 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #507 MOTION to Dismiss Second Consolidated Amended Class Action Complaint. . Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Januszewski, David)
November 30, 2015 Opinion or Order Filing 508 MEMORANDUM OF LAW in Support re: #507 MOTION to Dismiss Second Consolidated Amended Class Action Complaint. . Document filed by Bank of Tokyo-Mitsubishi UFJ Ltd., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Morgan Stanley, Morgan Stanley & Co. International plc, Morgan Stanley & Co. LLC, RBC Capital Markets, LLC, Societe Generale S.A., Standard Chartered PLC. (Januszewski, David)
November 30, 2015 Opinion or Order Filing 507 MOTION to Dismiss Second Consolidated Amended Class Action Complaint. Document filed by Bank of Tokyo-Mitsubishi UFJ Ltd., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Morgan Stanley, Morgan Stanley & Co. International plc, Morgan Stanley & Co. LLC, RBC Capital Markets, LLC, Societe Generale S.A., Standard Chartered PLC. Responses due by 1/29/2016(Januszewski, David)
November 30, 2015 Opinion or Order Filing 506 ORDER granting #500 Letter Motion for Leave to File Document: Application Granted. The Settling Defendants shall file their response by November 30, 2015, which shall not exceed 15 double-spaced pages. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
November 23, 2015 Opinion or Order Filing 505 DECLARATION of Andrew Willans in Support re: #501 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Standard Chartered PLC. (Stern, Andrew)
November 23, 2015 Opinion or Order Filing 504 DECLARATION of Dominick R. Sabella in Support re: #501 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Standard Chartered PLC. (Stern, Andrew)
November 23, 2015 Opinion or Order Filing 503 DECLARATION of Dominique Bourrinet in Support re: #501 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Standard Chartered PLC. (Stern, Andrew)
November 23, 2015 Opinion or Order Filing 502 MEMORANDUM OF LAW in Support re: #501 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Standard Chartered PLC. (Stern, Andrew)
November 23, 2015 Opinion or Order Filing 501 MOTION to Dismiss for Lack of Jurisdiction . Document filed by Standard Chartered PLC.(Stern, Andrew)
November 23, 2015 Opinion or Order Filing 500 LETTER MOTION for Leave to File Respose to Allen Plaintiffs' Response to Motion for Preliminary Approval of Settlement Agreements addressed to Judge Lorna G. Schofield from Peter E. Greene dated November 23, 2015. Document filed by BNP Paribas Group, BNP Paribas North America, Inc., BNP Paribas Prime Brokerage, Inc., BNP Paribas Securities Corp., Bank Of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citicorp, Citigroup Global Markets, Inc., Citigroup, Inc., Goldman, Sachs & Co., HSBC Bank USA, N.A., HSBC Bank plc, HSBC Holdings plc, HSBC North America Holdings, Inc., HSBC Securities (USA) Inc., JPMorgan Chase & Co., JPMorgan Chase Bank National Association, Merrill Lynch, Pierce, Fenner & Smith Inc., RBS Securities, Inc., The Goldman Sachs Group, Inc., The Royal Bank of Scotland Group PLC, The Royal Bank of Scotland PLC, UBS AG, UBS Group AG, UBS Securities LLC.(Greene, Peter)
November 19, 2015 Opinion or Order Filing 499 ORDER granting #498 Motion for Robert E. Litan to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
November 19, 2015 Opinion or Order Filing 498 MOTION for Robert E. Litan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11646232. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Exhibit B - Proposed Order)(Litan, Robert)
November 19, 2015 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #498 MOTION for Robert E. Litan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11646232. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
November 16, 2015 Opinion or Order Filing 497 ORDER: WHEREAS, on October 30, 2015, Class Counsel and Counsel to Citigroup Inc., Citibank, N.A., Citicorp, and Citigroup Global Markets Inc. emailed a confidential ex parte letter to Chambers; WHEREAS, by Order on November 2, 2015, the parties were asked to file a copy of the letter under seal and email a copy of the letter with proposed redactions to Chambers; WHEREAS, on November 5, 2015, the parties filed the document under seal; it is hereby ORDERED that the parties email a copy of the letter with proposed redactions to Chambers in accordance with Individual Rule I.C.3 in anticipation of filing on ECF by November 24, 2015. (Signed by Judge Lorna G. Schofield on 11/16/2015) (kgo)
November 13, 2015 Opinion or Order Filing 496 RESPONSE in Opposition to Motion re: #479 MOTION for Settlement (Preliminary Approval). Allen Plaintiffs' Response to Motion for Preliminary Approval of Settlement Agreements. Document filed by Doris Sue Allen, Donna S. Lucas. (Wallin, J.)
November 13, 2015 Opinion or Order Filing 495 RESPONSE in Opposition to Motion re: #479 MOTION for Settlement (Preliminary Approval). Preliminary Objections and Comments of the Non-Settling Defendants to Plaintiffs' Motion for Preliminary Approval of Settlement Agreements. Document filed by Bank of Tokyo-Mitsubishi UFJ Ltd., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Morgan Stanley, Morgan Stanley & Co. LLC, RBC Capital Markets, LLC, Societe Generale S.A., Standard Chartered PLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Moses, Jonathan)
November 10, 2015 Opinion or Order Filing 494 NOTICE OF APPEARANCE by Matthew Alexander Schwartz on behalf of Barclays Bank PLC, Barclays Capital Inc.. (Schwartz, Matthew)
November 5, 2015 Opinion or Order Filing 493 SEALED DOCUMENT placed in vault.(rz)
November 2, 2015 Opinion or Order Filing 492 ORDER: WHEREAS, on October 30, 2015, Class Counsel emailed a confidential and ex parte letter to Chambers; it is hereby ORDERED that the parties: (1) file a copy of the letter under seal; and (2) email a copy of the letter with proposed redactions to Chambers in accordance with Individual Rule I.C.3. in anticipation of filing on ECF. (Signed by Judge Lorna G. Schofield on 11/2/2015) (mro)
November 2, 2015 Opinion or Order Filing 491 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 11/2/2015 re: Redactions in the SAC. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
October 30, 2015 Opinion or Order Filing 490 NOTICE of Compliance with 28 U.S.C. 1715. Document filed by BNP Paribas Group, BNP Paribas North America, Inc., BNP Paribas Prime Brokerage, Inc., BNP Paribas Securities Corp.. (Esseks, David)
October 29, 2015 Opinion or Order Filing 489 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 10/22/15 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
October 29, 2015 Opinion or Order Filing 488 TRANSCRIPT of Proceedings re: conference held on 10/22/2015 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Lisa Picciano Fellis, (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 11/23/2015. Redacted Transcript Deadline set for 12/3/2015. Release of Transcript Restriction set for 1/30/2016.(McGuirk, Kelly)
October 28, 2015 Opinion or Order Filing 487 ORDER: WHEREAS, on October 22, 2015, at Docket No. 479, Class Plaintiffs filed a motion for preliminary approval of the proposed settlements and related motions ("Preliminary Approval Motion"); it is hereby ORDERED that on December 3, 2015 at 11:30 a.m., a hearing will be held in Courtroom 318 at 40 Foley Square, New York, NY, to consider the Preliminary Approval Motion. It is further ORDERED that any opposition to the Preliminary Approval Motion shall be filed no later than November 13, 2015. It is further ORDERED that the parties to these actions who are not parties to the proposed settlements are invited to file preliminary objections and comments to the Preliminary Approval Motion to assist the Court in evaluating the motions before any sending of notice, which objections and comments shall be without prejudice to any later submission, shall not exceed 15 double-spaced pages per filing, and shall be filed on ECF no later than November 13, 2015., Set Deadlines/Hearing as to (479 in 1:13-cv-07789-LGS) MOTION for Settlement (Preliminary Approval). :( Responses due by 11/13/2015, Motion Hearing set for 12/3/2015 at 11:30 AM, in Courtroom 318 before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 10/22/2015) (lmb)
October 28, 2015 Opinion or Order Filing 486 NOTICE OF APPEARANCE by Noam Lerer on behalf of Bank of Tokyo-Mitsubishi UFJ Ltd.. (Lerer, Noam)
October 26, 2015 Opinion or Order Filing 485 LETTER addressed to Judge Lorna G. Schofield dated October 26, 2015 Document filed by Bank of Tokyo-Mitsubishi UFJ Ltd., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Morgan Stanley, Morgan Stanley & Co. LLC, RBC Capital Markets, LLC, Societe Generale S.A., Standard Chartered PLC.(Moses, Jonathan)
October 23, 2015 Opinion or Order Filing 484 RESPONSE to Motion re: #479 MOTION for Settlement (Preliminary Approval). /Goldman Sachs's Statement in Connection with the Proposed Settlement, dated October 23, 2015. Document filed by Goldman, Sachs & Co., The Goldman Sachs Group, Inc.. (Moloney, Thomas)
October 22, 2015 Opinion or Order Minute Entry for proceedings held before Judge Lorna G. Schofield: Telephone Conference held on 10/22/2015. (Court Reporter Lisa Felez) (jcs)
October 22, 2015 Opinion or Order Filing 483 ORDER: WHEREAS, on October 22, 2015, a conference was held in this matter; it is hereby ORDERED that any motions to dismiss for lack of personal jurisdiction under Federal Rule of Civil Procedure 12(b)(2) must be filed no later than November 23, 2015; any response is due by December 23, 2015; any reply is due by January 13, 2016. The memoranda in support and in opposition are each limited to 25 pages, and the reply is limited to 15 pages. The Court's Individual Rules concerning motions shall otherwise control. It is further ORDERED that discovery is stayed as to the New Defendants until the personal jurisdiction motions have been resolved. It is further ORDERED that any motions to dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6) must be filed no later than November 30, 2015; any response is due by January 29, 2016; any reply is due by February 29, 2016. The memoranda in support and in opposition are each limited to 45 pages, and the reply is limited to 22 pages. It is further ORDERED that Defendants may submit additional pages addressing individual issues not to exceed (i) 10 pages collectively, or (ii) 3 pages per Defendant having an individual issue. The parties shall communicate by letter (not to exceed 6 single-spaced pages) with Plaintiffs as otherwise provided in Individual Rule III.A.3, except that Plaintiffs response need only state whether it intends to amend the complaint to cure identified deficiencies, and if so, shall inform the Court and propose revised dates agreed upon by the parties regarding any motions to dismiss under Rule 12(b)(6). ORDERED that the Allen Plaintiffs may propound requests for documents on any or all of the Allen Defendants. It is further ORDERED that the Allen Plaintiffs shall file their Amended Complaint by November 12, 2015. Amended Pleadings due by 11/12/2015. Motions due by 11/30/2015. Responses due by 1/29/2016 Replies due by 2/29/2016. (Signed by Judge Lorna G. Schofield on 10/22/2015) (kgo)
October 22, 2015 Opinion or Order Filing 482 DECLARATION of Kenneth R. Feinberg in Support re: #479 MOTION for Settlement (Preliminary Approval).. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, Standard Chartered PLC, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
October 22, 2015 Opinion or Order Filing 481 DECLARATION of Christopher M. Burke and Michael D. Hausfeld in Support re: #479 MOTION for Settlement (Preliminary Approval).. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Burke, Christopher)
October 22, 2015 Opinion or Order Filing 480 MEMORANDUM OF LAW in Support re: #479 MOTION for Settlement (Preliminary Approval). . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
October 22, 2015 Opinion or Order Filing 479 MOTION for Settlement (Preliminary Approval). Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Text of Proposed Order)(Burke, Christopher)
October 20, 2015 Opinion or Order Filing 478 MEMO ENDORSEMENT on re: #477 Letter,,,, filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Jeffrey Sterk, Kimberly Sterk, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller. ENDORSEMENT: APPLICATION GRANTED. The memorandum of law and the two declarations shall each be limited to 40 pages, and the proposed settlement agreements may be filed in their entirety. In addition to filing the motion papers, the parties shall submit a printed courtesy copy to Chambers in a tabbed binder, excluding oversize exhibits. (i) If such exhibits cannot be filed on ECF, they shall be filed in hard copy in the Clerk's office so that they are publicly available, and (ii) they shall be submitted to Chambers as a courtesy copy only by email in PDF format (agreements) and Excel format (tables). (Signed by Judge Lorna G. Schofield on 10/20/2015) (kgo)
October 19, 2015 Opinion or Order Filing 477 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 10/19/2015 re: Request to exceed page limits on motion for preliminary approval. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
October 16, 2015 Opinion or Order Filing 476 ORDER: WHEREAS, on October 13, 2015, at Docket No. #475 , the parties submitted a joint letter updating the Court on open issues concerning discovery, a possible amended complaint, motions to dismiss and other matters; it is hereby ORDERED that on October 22, 2015, at 12:00 p.m., a telephone conference will be held to discuss the matters outlined in the letter. At the appointed time, after all the parties are on the line, they shall call Chambers at 212-805-0288. (Telephone Conference set for 10/22/2015 at 12:00 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 10/16/2015) (jcs)
October 13, 2015 Opinion or Order Filing 475 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 10/13/2015 re: Joint discovery letter. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
October 6, 2015 Opinion or Order Filing 474 ORDER: It is hereby ORDERED that by October 13, 2015, the parties shall submit a joint status letter on ECF which includes a report of the September 21, 2015, meeting. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 10/6/2015) (kgo)
October 2, 2015 Opinion or Order Filing 473 NOTICE OF APPEARANCE by John David Tortorella on behalf of Morgan Stanley, Morgan Stanley & Co. International plc, Morgan Stanley & Co. LLC, Morgan Stanley & Co., LLC. (Tortorella, John)
October 2, 2015 Opinion or Order Filing 472 NOTICE OF APPEARANCE by Kevin H. Marino on behalf of Morgan Stanley, Morgan Stanley & Co. International plc, Morgan Stanley & Co. LLC, Morgan Stanley & Co., LLC. (Marino, Kevin)
October 2, 2015 Opinion or Order Filing 471 ORDER granting #470 Motion for Joshua D. Lanning to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
October 1, 2015 Opinion or Order Filing 470 MOTION to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by RBC Capital Markets, LLC. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Certificate of Good Standing, #3 Exhibit Proposed Order for Admission Pro Hac Vice)(Lanning, Joshua)
October 1, 2015 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #470 MOTION 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. (bcu)
September 24, 2015 Opinion or Order Filing 469 ORDER granting #468 Motion for Mark A. Nebrig to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
September 23, 2015 Opinion or Order Filing 468 MOTION for Mark A. Nebrig to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11423807. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by RBC Capital Markets, LLC. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Proposed Order for Admission Pro Hac Vice)(Nebrig, Mark)
September 23, 2015 Opinion or Order Filing 467 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by RBC Capital Markets, LLC. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Certificate of Good Standing, #3 Exhibit Proposed Order for Admission Pro Hac Vice)(Lanning, Joshua) Modified on 9/23/2015 (sdi).
September 23, 2015 Opinion or Order Filing 466 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Joshua D. Lanning to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11423221. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by RBC Capital Markets, LLC. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Certificate of Good Standing)(Lanning, Joshua) Modified on 9/23/2015 (sdi).
September 23, 2015 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #468 MOTION for Mark A. Nebrig to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11423807. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
September 23, 2015 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #466 MOTION for Joshua D. Lanning to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11423221. 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 Connecticut; missing Proposed Order;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (sdi)
September 23, 2015 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #467 MOTION to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Connecticut;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (sdi)
September 21, 2015 Opinion or Order Filing 465 SECOND AMENDED COMPLAINT amending #368 Amended Complaint,,,,,,,,, against BNP Paribas Group, BNP Paribas North America, Inc., BNP Paribas Prime Brokerage, Inc., Bank Of America Corporation, Bank of America, N.A., Bank of Tokyo-Mitsubishi UFJ Ltd., Barclays Bank PLC, Barclays Capital Inc., Citibank N.A., Citigroup Global Markets, Inc., Citigroup, Inc., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Deutsche Bank Securities Inc., Goldman, Sachs & Co., HSBC Bank USA, N.A., HSBC Bank plc, HSBC Holdings plc, HSBC North America Holdings, Inc., HSBC Securities (USA) Inc., JPMorgan Chase & Co., JPMorgan Chase Bank National Association, Merrill Lynch, Pierce, Fenner & Smith Inc., Morgan Stanley, Morgan Stanley & Co. International plc, Morgan Stanley & Co. LLC, RBC Capital Markets, LLC, RBS Securities, Inc., Royal Bank of Scotland Group, PLC, Societe Generale S.A., Standard Chartered PLC, The Goldman Sachs Group, Inc., UBS AG, UBS Securities LLC, BNP Paribas Securities Corp., UBS Group AG with JURY DEMAND.Document filed by Michael J. Smith, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Michael Melissinos, Oklahoma Firefighters Pension and Retirement System, Izee Trading Company, J. Paul Antonello, Value Recovery Fund LLC, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Jeffrey Sterk, State-Boston Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Peter Rives, Tiberius OC Fund, Ltd., Robert Miller, Haverhill Retirement System, John Kerstein, Thomas Gramatis, Mark Miller, Marc G. Frederighi, Aureus Currency Fund, L.P., Richard Preschern dba Preschern Trading, Doug Harvey, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Kimberly Sterk, Systrax Corporation. Related document: #368 Amended Complaint,,,,,,,,, filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Jeffrey Sterk, Kimberly Sterk, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller. (Attachments: #1 Exhibit 9/14/2015 Court's Order directing filing of redacted complaint, #2 Appendix 1, #3 Appendix 2, #4 Appendix 3)(Burke, Christopher)
September 16, 2015 Opinion or Order Filing 464 LETTER addressed to Judge Lorna G. Schofield from James R. Warnot Jr. dated 9-16-15 re: ECF No.463. Document filed by Societe Generale S.A..(Ashby, Patrick)
September 14, 2015 Opinion or Order Filing 463 MEMO ENDORSEMENT on re: #458 Letter,,,, filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Jeffrey Sterk, Kimberly Sterk, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller. ENDORSEMENT: APPLICATION GRANTED. The stay is modified to allow document discovery as to parties in the Consolidated Action, which includes the Non-Settling Defendants. (Signed by Judge Lorna G. Schofield on 9/14/2015) (kgo)
September 14, 2015 Opinion or Order Filing 462 MEMO ENDORSEMENT on re: #460 Letter,,,, filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Jeffrey Sterk, Kimberly Sterk, Tiberius OC Fund, Ltd., Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller. ENDORSEMENT: APPLICATION GRANTED. The text of chats remain redacted per the DOJ's request. All other redactions shall be removed. (Signed by Judge Lorna G. Schofield on 9/14/2015) (kgo)
September 14, 2015 Opinion or Order Filing 461 MEMO ENDORSEMENT on re: #459 Letter,,,, filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Jeffrey Sterk, Kimberly Sterk, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller. ENDORSEMENT: The parties in the Allen matter shall confer in an effort to resolve the issues raised in their letters of September 3 and Septembe 11, 2015. Thereafter, Plaintiffs' counsel in Allen shall file their response to the September 11 letter above. (Signed by Judge Lorna G. Schofield on 9/14/2015) (kgo)
September 11, 2015 Opinion or Order Filing 460 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 09/11/2015 re: Redactions. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
September 11, 2015 Opinion or Order Filing 459 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 9/11/2015 re: Response to Allen Request. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
September 11, 2015 Opinion or Order Filing 458 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 09/11/2015 re: Non-Settling Defendant's Request for Copies of Documents. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
September 10, 2015 Opinion or Order Filing 457 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent HSBC Holdings plc for HSBC Securities (USA) Inc.. Document filed by HSBC Securities (USA) Inc..(Casamento, Gregory)
September 10, 2015 Opinion or Order Filing 456 NOTICE OF APPEARANCE by Gregory Thomas Casamento on behalf of HSBC Securities (USA) Inc.. (Casamento, Gregory)
September 10, 2015 Opinion or Order Filing 455 NOTICE OF APPEARANCE by Edwin R Deyoung on behalf of HSBC Securities (USA) Inc.. (Deyoung, Edwin)
September 3, 2015 Opinion or Order Filing 454 ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL granting #449 Motion to Withdraw as Attorney. Upon the Motion by counsel for Plaintiff Nasser Bakizada, and Michael Melissinos, Jeffrey Sterk, and Kimberley Sterk ("Plaintiffs"), and the accompanying declaration of Daniel L. Brockett, IT IS HEREBY ORDERED that the motion of Plaintiffs to withdraw Daniel L. Brockett and Quinn Emanuel as counsel for Plaintiffs is granted, and the appearances of Mr. Brockett and all attorneys from Quinn Emanuel Urquhart & Sullivan are withdrawn as of the date of this Order. Attorney Daniel Lawrence Brockett terminated. (Signed by Judge Lorna G. Schofield on 9/3/2015) (kgo)
September 3, 2015 Opinion or Order Filing 453 MEMO ENDORSEMENT on re: #445 Letter,,,, filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Jeffrey Sterk, Kimberly Sterk, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller. ENDORSEMENT: ORDERED that by September 11 2015, Plaintiffs shall respond to the Non-Settling Defendants' letter (Dkt. #446) and to the Allen plaintiffs' letter (Dkt. #452) regarding the respective parties' requests to be included in discovery; it is further ORDERED, that to comply with the Court's July 31, 2015, Order (Dkt. 365), by September 11, 2015, Plaintiffs shall file a joint letter on behalf of all parties to the consolidated action and DOJ, stating (1) the position of any party or DOJ that any redactions continue to be necessary, identifying such redactions and explaining the need for continued redaction; and (2) stating that all other redactions may be removed. (Signed by Judge Lorna G. Schofield on 9/3/2015) (kgo)
September 3, 2015 Opinion or Order Filing 452 LETTER addressed to Judge Lorna G. Schofield from J. Ross Wallin dated 9/3/2015 re: Lead Counsel's Request for Extension of Discovery Stay. Document filed by Doris Sue Allen, Donna S. Lucas.(Wallin, J)
September 3, 2015 Opinion or Order Filing 451 WAIVER OF SERVICE RETURNED EXECUTED. Standard Chartered PLC waiver sent on 8/7/2015, answer due 11/5/2015. Document filed by Michael J. Smith; Employees' Retirement System of the Government of the Virgin Islands; Fresno County Employees Retirement Association; Michael Melissinos; Oklahoma Firefighters Pension and Retirement System; Izee Trading Company; J. Paul Antonello; Value Recovery Fund LLC; United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund; Jeffrey Sterk; State-Boston Retirement System; Employees' Retirement System of Puerto Rico Electric Power Authority; Peter Rives; Tiberius OC Fund, Ltd.; Robert Miller; Haverhill Retirement System; John Kerstein; Thomas Gramatis; Mark Miller; Marc G. Frederighi; Aureus Currency Fund, L.P.; Richard Preschern dba Preschern Trading; Doug Harvey; Syena Global Emerging Markets Fund, LP; The City of Philadelphia, Board of Pensions and Retirement; Kimberly Sterk; Systrax Corporation. (Burke, Christopher)
September 2, 2015 Opinion or Order Filing 450 DECLARATION of Daniel L. Brockett in Support re: #449 MOTION for Daniel L. Brockett to Withdraw as Attorney .. Document filed by Nasser Bakizada, Michael Melissinos, Jeffrey Sterk, Kimberly Sterk. (Brockett, Daniel)
September 2, 2015 Opinion or Order Filing 449 MOTION for Daniel L. Brockett to Withdraw as Attorney . Document filed by Nasser Bakizada, Michael Melissinos, Jeffrey Sterk, Kimberly Sterk.(Brockett, Daniel)
September 2, 2015 Opinion or Order Filing 448 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Standard Chartered PLC.(Stern, Andrew)
September 2, 2015 Opinion or Order Filing 447 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Morgan Stanley Capital Management, LLC, Other Affiliate Morgan Stanley Domestic Holdings, Inc. for Morgan Stanley & Co. LLC; Corporate Parent Morgan Stanley for Morgan Stanley & Co. International plc; Other Affiliate Mitsubishi UFJ Financial Group, Inc. for Morgan Stanley. Document filed by Morgan Stanley, Morgan Stanley & Co. International plc, Morgan Stanley & Co. LLC.(Moses, Jonathan)
September 2, 2015 Opinion or Order Filing 446 LETTER addressed to Judge Lorna G. Schofield from Non-Settling Defendants dated 9-2-2015 re: Discovery. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC.(Januszewski, David)
September 2, 2015 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Jonathan M. Moses to RE-FILE Document #444 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (ldi)
September 1, 2015 Opinion or Order Filing 445 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld and Benjamin Sirota dated 9/1/2015 re: Positions re discovery. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
September 1, 2015 Opinion or Order Filing 444 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Morgan Stanley, Morgan Stanley & Co. International plc, Morgan Stanley & Co. LLC.(Moses, Jonathan) Modified on 9/2/2015 (ldi).
September 1, 2015 Opinion or Order Filing 443 NOTICE OF APPEARANCE by Bradley Reid Wilson on behalf of Morgan Stanley & Co. International plc, Morgan Stanley & Co. LLC. (Wilson, Bradley)
September 1, 2015 Opinion or Order Filing 442 NOTICE OF APPEARANCE by Jonathan M. Moses on behalf of Morgan Stanley & Co. International plc, Morgan Stanley & Co. LLC. (Moses, Jonathan)
September 1, 2015 Opinion or Order Filing 441 NOTICE OF APPEARANCE by Regina Mary Markey on behalf of Doris Sue Allen, Donna S. Lucas. (Markey, Regina)
September 1, 2015 Opinion or Order Filing 440 NOTICE OF APPEARANCE by James Brian McTigue on behalf of Doris Sue Allen, Donna S. Lucas. (McTigue, James)
September 1, 2015 Opinion or Order Filing 439 NOTICE OF APPEARANCE by J Ross Wallin on behalf of Doris Sue Allen. (Wallin, J)
August 31, 2015 Opinion or Order Filing 438 LETTER addressed to Judge Lorna G. Schofield from William P. Butterfield and Christopher M. Burke dated August 31, 2015 re: Discovery Update. Document filed by Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Butterfield, William)
August 31, 2015 Opinion or Order Filing 437 WAIVER OF SERVICE RETURNED EXECUTED. Bank of Tokyo-Mitsubishi UFJ Ltd. waiver sent on 8/7/2015, answer due 10/6/2015. Document filed by Michael J. Smith; Employees' Retirement System of the Government of the Virgin Islands; Fresno County Employees Retirement Association; Michael Melissinos; Oklahoma Firefighters Pension and Retirement System; Izee Trading Company; J. Paul Antonello; Value Recovery Fund LLC; United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund; Jeffrey Sterk; State-Boston Retirement System; Employees' Retirement System of Puerto Rico Electric Power Authority; Peter Rives; Tiberius OC Fund, Ltd.; Robert Miller; Haverhill Retirement System; John Kerstein; Thomas Gramatis; Mark Miller; Marc G. Frederighi; Aureus Currency Fund, L.P.; Richard Preschern dba Preschern Trading; Doug Harvey; Syena Global Emerging Markets Fund, LP; The City of Philadelphia, Board of Pensions and Retirement; Kimberly Sterk; Systrax Corporation. (Burke, Christopher)
August 28, 2015 Opinion or Order Filing 436 WAIVER OF SERVICE RETURNED EXECUTED. Morgan Stanley & Co. International plc waiver sent on 8/7/2015, answer due 10/6/2015. Document filed by Michael J. Smith; Employees' Retirement System of the Government of the Virgin Islands; Fresno County Employees Retirement Association; Michael Melissinos; Oklahoma Firefighters Pension and Retirement System; Izee Trading Company; J. Paul Antonello; Value Recovery Fund LLC; United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund; Jeffrey Sterk; State-Boston Retirement System; Employees' Retirement System of Puerto Rico Electric Power Authority; Peter Rives; Tiberius OC Fund, Ltd.; Robert Miller; Haverhill Retirement System; John Kerstein; Thomas Gramatis; Mark Miller; Marc G. Frederighi; Aureus Currency Fund, L.P.; Richard Preschern dba Preschern Trading; Doug Harvey; Syena Global Emerging Markets Fund, LP; The City of Philadelphia, Board of Pensions and Retirement; Kimberly Sterk; Systrax Corporation. (Burke, Christopher)
August 28, 2015 Opinion or Order Filing 435 WAIVER OF SERVICE RETURNED EXECUTED. Morgan Stanley & Co. LLC waiver sent on 8/7/2015, answer due 10/6/2015. Document filed by Michael J. Smith; Employees' Retirement System of the Government of the Virgin Islands; Fresno County Employees Retirement Association; Michael Melissinos; Oklahoma Firefighters Pension and Retirement System; Izee Trading Company; J. Paul Antonello; Value Recovery Fund LLC; United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund; Jeffrey Sterk; State-Boston Retirement System; Employees' Retirement System of Puerto Rico Electric Power Authority; Peter Rives; Tiberius OC Fund, Ltd.; Robert Miller; Haverhill Retirement System; John Kerstein; Thomas Gramatis; Mark Miller; Marc G. Frederighi; Aureus Currency Fund, L.P.; Richard Preschern dba Preschern Trading; Doug Harvey; Syena Global Emerging Markets Fund, LP; The City of Philadelphia, Board of Pensions and Retirement; Kimberly Sterk; Systrax Corporation. (Burke, Christopher)
August 26, 2015 Opinion or Order Filing 434 WAIVER OF SERVICE RETURNED EXECUTED. Merrill Lynch, Pierce, Fenner & Smith Inc. waiver sent on 8/7/2015, answer due 10/6/2015. Document filed by Michael J. Smith; Employees' Retirement System of the Government of the Virgin Islands; Fresno County Employees Retirement Association; Michael Melissinos; Oklahoma Firefighters Pension and Retirement System; Izee Trading Company; J. Paul Antonello; Value Recovery Fund LLC; United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund; Jeffrey Sterk; State-Boston Retirement System; Employees' Retirement System of Puerto Rico Electric Power Authority; Peter Rives; Tiberius OC Fund, Ltd.; Robert Miller; Haverhill Retirement System; John Kerstein; Thomas Gramatis; Mark Miller; Marc G. Frederighi; Aureus Currency Fund, L.P.; Richard Preschern dba Preschern Trading; Doug Harvey; Syena Global Emerging Markets Fund, LP; The City of Philadelphia, Board of Pensions and Retirement; Kimberly Sterk; Systrax Corporation. (Burke, Christopher)
August 26, 2015 Opinion or Order Filing 433 WAIVER OF SERVICE RETURNED EXECUTED. Citigroup Global Markets, Inc. waiver sent on 8/7/2015, answer due 10/6/2015. Document filed by Michael J. Smith; Employees' Retirement System of the Government of the Virgin Islands; Fresno County Employees Retirement Association; Michael Melissinos; Oklahoma Firefighters Pension and Retirement System; Izee Trading Company; J. Paul Antonello; Value Recovery Fund LLC; United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund; U.S. Department of Justice; Jeffrey Sterk; State-Boston Retirement System; Employees' Retirement System of Puerto Rico Electric Power Authority; Peter Rives; Robert Miller; Haverhill Retirement System; John Kerstein; Thomas Gramatis; Mark Miller; Marc G. Frederighi; Aureus Currency Fund, L.P.; Richard Preschern dba Preschern Trading; Doug Harvey; Syena Global Emerging Markets Fund, LP; The City of Philadelphia, Board of Pensions and Retirement; Kimberly Sterk; Systrax Corporation. (Burke, Christopher)
August 26, 2015 Opinion or Order Filing 432 WAIVER OF SERVICE RETURNED EXECUTED. Citicorp waiver sent on 8/7/2015, answer due 10/6/2015. Document filed by Michael J. Smith; Employees' Retirement System of the Government of the Virgin Islands; Fresno County Employees Retirement Association; Michael Melissinos; Oklahoma Firefighters Pension and Retirement System; Izee Trading Company; J. Paul Antonello; Value Recovery Fund LLC; United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund; Jeffrey Sterk; State-Boston Retirement System; Employees' Retirement System of Puerto Rico Electric Power Authority; Peter Rives; Tiberius OC Fund, Ltd.; Robert Miller; Haverhill Retirement System; John Kerstein; Thomas Gramatis; Mark Miller; Marc G. Frederighi; Aureus Currency Fund, L.P.; Richard Preschern dba Preschern Trading; Kimberly Sterk; Doug Harvey; Syena Global Emerging Markets Fund, LP; The City of Philadelphia, Board of Pensions and Retirement; Systrax Corporation. (Burke, Christopher)
August 26, 2015 Opinion or Order Filing 431 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Societe Generale S.A..(Warnot, James)
August 24, 2015 Opinion or Order Filing 430 ORDER: WHEREAS, pursuant to the Court's Order dated August 13, 2015, the above-captioned actions were consolidated for all purposes, it is hereby ORDERED that all filings made in connection with the consolidated action shall be entered in the docket of the remaining lowest-numbered case 13-cv-7789. The Clerk of the Court is directed to close all higher-numbered cases referenced herein. (Signed by Judge Lorna G. Schofield on 8/24/2015) Filed In Associated Cases: 1:13-cv-07789-LGS et al.(kgo)
August 24, 2015 Opinion or Order Filing 429 WAIVER OF SERVICE RETURNED EXECUTED. Deutsche Bank Securities Inc. waiver sent on 8/7/2015, answer due 10/6/2015. Document filed by Michael J. Smith; Employees' Retirement System of the Government of the Virgin Islands; Fresno County Employees Retirement Association; Michael Melissinos; Oklahoma Firefighters Pension and Retirement System; Izee Trading Company; J. Paul Antonello; Value Recovery Fund LLC; United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund; Jeffrey Sterk; State-Boston Retirement System; Employees' Retirement System of Puerto Rico Electric Power Authority; Peter Rives; Tiberius OC Fund, Ltd.; Robert Miller; Haverhill Retirement System; John Kerstein; Thomas Gramatis; Mark Miller; Marc G. Frederighi; Aureus Currency Fund, L.P.; Richard Preschern dba Preschern Trading; Doug Harvey; Syena Global Emerging Markets Fund, LP; The City of Philadelphia, Board of Pensions and Retirement; Kimberly Sterk; Systrax Corporation. (Burke, Christopher)
August 24, 2015 Opinion or Order Filing 428 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Deutsche Bank AG for Deutsche Bank Securities Inc.. Document filed by Deutsche Bank Securities Inc..(Serino, Joseph)
August 24, 2015 Opinion or Order Filing 427 NOTICE OF APPEARANCE by Robert S. Khuzami on behalf of Deutsche Bank Securities Inc.. (Khuzami, Robert)
August 24, 2015 Opinion or Order Filing 426 NOTICE OF APPEARANCE by Eric Foster Leon on behalf of Deutsche Bank Securities Inc.. (Leon, Eric)
August 24, 2015 Opinion or Order Filing 425 NOTICE OF APPEARANCE by Joseph Serino, JR on behalf of Deutsche Bank Securities Inc.. (Serino, Joseph)
August 24, 2015 Opinion or Order Filing 424 WAIVER OF SERVICE RETURNED EXECUTED. HSBC Securities (USA) Inc. waiver sent on 8/7/2015, answer due 10/6/2015. Document filed by Michael J. Smith; Employees' Retirement System of the Government of the Virgin Islands; Fresno County Employees Retirement Association; Michael Melissinos; Oklahoma Firefighters Pension and Retirement System; Izee Trading Company; J. Paul Antonello; Value Recovery Fund LLC; United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund; Jeffrey Sterk; State-Boston Retirement System; Employees' Retirement System of Puerto Rico Electric Power Authority; Peter Rives; Tiberius OC Fund, Ltd.; Robert Miller; John Kerstein; Haverhill Retirement System; Mark Miller; Marc G. Frederighi; Aureus Currency Fund, L.P.; Richard Preschern dba Preschern Trading; Doug Harvey; Syena Global Emerging Markets Fund, LP; The City of Philadelphia, Board of Pensions and Retirement; Kimberly Sterk; Systrax Corporation. (Burke, Christopher)
August 24, 2015 Opinion or Order Filing 423 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #429) WAIVER OF SERVICE RETURNED EXECUTED. Deutsche Bank AG waiver sent on 8/7/2015, answer due 10/6/2015. Document filed by Michael J. Smith; Employees' Retirement System of the Government of the Virgin Islands; Fresno County Employees Retirement Association; Michael Melissinos; Oklahoma Firefighters Pension and Retirement System; Izee Trading Company; J. Paul Antonello; Value Recovery Fund LLC; United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund; Jeffrey Sterk; State-Boston Retirement System; Employees' Retirement System of Puerto Rico Electric Power Authority; Peter Rives; Tiberius OC Fund, Ltd.; Robert Miller; John Kerstein; Haverhill Retirement System; Mark Miller; Marc G. Frederighi; Aureus Currency Fund, L.P.; Richard Preschern dba Preschern Trading; Doug Harvey; Syena Global Emerging Markets Fund, LP; The City of Philadelphia, Board of Pensions and Retirement; Kimberly Sterk; Systrax Corporation. (Burke, Christopher) Modified on 8/24/2015 (lb).
August 24, 2015 Opinion or Order Filing 422 WAIVER OF SERVICE RETURNED EXECUTED. UBS AG waiver sent on 8/7/2015, answer due 10/6/2015. Document filed by Michael J. Smith; Employees' Retirement System of the Government of the Virgin Islands; Fresno County Employees Retirement Association; Michael Melissinos; Oklahoma Firefighters Pension and Retirement System; Izee Trading Company; J. Paul Antonello; Value Recovery Fund LLC; United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund; Jeffrey Sterk; State-Boston Retirement System; Employees' Retirement System of Puerto Rico Electric Power Authority; Peter Rives; Tiberius OC Fund, Ltd.; Robert Miller; John Kerstein; Haverhill Retirement System; Mark Miller; Marc G. Frederighi; Aureus Currency Fund, L.P.; Doug Harvey; Syena Global Emerging Markets Fund, LP; The City of Philadelphia, Board of Pensions and Retirement; Kimberly Sterk; Systrax Corporation. (Burke, Christopher)
August 21, 2015 Opinion or Order Filing 421 MEMO ENDORSEMENT on re: #420 Letter,,,, filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Jeffrey Sterk, Kimberly Sterk, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, J. Paul Antonello, Richard Preschern dba Preschern Trading, Michael Melissinos, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller. ENDORSEMENT: Hausfeld LLP is also appointed as Interim Co-Lead Counsel of the exchange-traded class along with Scott + Scott. (Signed by Judge Lorna G. Schofield on 8/21/2015) (kgo)
August 21, 2015 Opinion or Order Filing 420 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 8/21/2015 re: Seeking clarification of Order. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
August 21, 2015 Opinion or Order Filing 419 WAIVER OF SERVICE RETURNED EXECUTED. BNP Paribas Prime Brokerage, Inc. waiver sent on 8/7/2015, answer due 10/6/2015. Document filed by Michael J. Smith; Employees' Retirement System of the Government of the Virgin Islands; Fresno County Employees Retirement Association; Michael Melissinos; Oklahoma Firefighters Pension and Retirement System; Izee Trading Company; J. Paul Antonello; Value Recovery Fund LLC; United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund; Jeffrey Sterk; State-Boston Retirement System; Employees' Retirement System of Puerto Rico Electric Power Authority; Peter Rives; Tiberius OC Fund, Ltd.; Robert Miller; John Kerstein; Haverhill Retirement System; Mark Miller; Marc G. Frederighi; Aureus Currency Fund, L.P.; Richard Preschern dba Preschern Trading; Doug Harvey; Syena Global Emerging Markets Fund, LP; The City of Philadelphia, Board of Pensions and Retirement; Kimberly Sterk; Systrax Corporation. (Burke, Christopher)
August 21, 2015 Opinion or Order Filing 418 WAIVER OF SERVICE RETURNED EXECUTED. BNP Paribas Securities, Inc. waiver sent on 8/7/2015, answer due 10/6/2015. Document filed by Michael J. Smith; Employees' Retirement System of the Government of the Virgin Islands; Fresno County Employees Retirement Association; Michael Melissinos; Oklahoma Firefighters Pension and Retirement System; Izee Trading Company; J. Paul Antonello; Value Recovery Fund LLC; United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund; Jeffrey Sterk; State-Boston Retirement System; Employees' Retirement System of Puerto Rico Electric Power Authority; Peter Rives; Tiberius OC Fund, Ltd.; Robert Miller; John Kerstein; Haverhill Retirement System; Marc G. Frederighi; Aureus Currency Fund, L.P.; Mark Miller; Richard Preschern dba Preschern Trading; Doug Harvey; Syena Global Emerging Markets Fund, LP; The City of Philadelphia, Board of Pensions and Retirement; Kimberly Sterk; Systrax Corporation. (Burke, Christopher)
August 21, 2015 Opinion or Order Filing 417 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 8/13/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
August 21, 2015 Opinion or Order Filing 416 TRANSCRIPT of Proceedings re: Conference held on 8/13/2015 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Tara Jones, (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 9/14/2015. Redacted Transcript Deadline set for 9/24/2015. Release of Transcript Restriction set for 11/23/2015.(McGuirk, Kelly)
August 20, 2015 Opinion or Order Filing 415 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Royal Bank of Canada for RBC Capital Markets, LLC. Document filed by RBC Capital Markets, LLC.(Bloomfield, Neil)
August 20, 2015 Opinion or Order Filing 414 WAIVER OF SERVICE RETURNED EXECUTED. RBC Capital Markets, LLC waiver sent on 8/6/2015, answer due 10/5/2015. Document filed by Michael J. Smith; Employees' Retirement System of the Government of the Virgin Islands; Fresno County Employees Retirement Association; Michael Melissinos; Oklahoma Firefighters Pension and Retirement System; Izee Trading Company; J. Paul Antonello; Value Recovery Fund LLC; United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund; Jeffrey Sterk; State-Boston Retirement System; Employees' Retirement System of Puerto Rico Electric Power Authority; Peter Rives; Tiberius OC Fund, Ltd.; Robert Miller; Haverhill Retirement System; John Kerstein; Thomas Gramatis; Mark Miller; Marc G. Frederighi; Aureus Currency Fund, L.P.; Richard Preschern dba Preschern Trading; Doug Harvey; Syena Global Emerging Markets Fund, LP; The City of Philadelphia, Board of Pensions and Retirement; Kimberly Sterk; Systrax Corporation. (Burke, Christopher)
August 17, 2015 Opinion or Order Filing 413 ORDER: It is hereby ORDERED that counsel in the above-captioned cases submit a joint letter on ECF, and a proposed order in Word format to the Chambers email, about how they wish to proceed with discovery. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 8/17/2015) (kgo)
August 13, 2015 Opinion or Order Filing 412 ORDER granting #347 Motion to Appoint Counsel ; granting #347 Motion to Consolidate Cases ; withdrawing #245 Motion to Approve. WHEREAS, the parties in each of the above-captioned cases appeared for a conference on August 13, 2015, and as further discussed on the record, it is hereby ORDERED that Lead Plaintiffs' motion in 13 Civ. 7789 for preliminary approval of the settlement with the JPMorgan Defendants is DISMISSED as withdrawn. It is further ORDERED that Lead Plaintiffs' motion in 13 Civ. 7789 to consolidate all the above-captioned actions for all purposes and appoint Scott + Scott as Interim Co-Lead Counsel of the exchange-traded class is GRANTED on consent of all parties. 13 Civ. 7789 shall serve as the lead case. The Clerk of Court is directed to close the motions at Dkt. Nos. 245 and 347 in 13 Civ. 7789. (Signed by Judge Lorna G. Schofield on 8/13/2015) (kgo)
August 13, 2015 Opinion or Order Filing 411 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Mitsubishi UFJ Financial Group, Inc. for Bank of Tokyo-Mitsubishi UFJ Ltd.. Document filed by Bank of Tokyo-Mitsubishi UFJ Ltd..(Finch, Andrew)
August 13, 2015 Opinion or Order Filing 410 NOTICE OF APPEARANCE by Cyrus E. Ansari on behalf of Standard Chartered PLC. (Ansari, Cyrus)
August 13, 2015 Opinion or Order Filing 409 NOTICE OF APPEARANCE by Luke Omari Icah Frankson on behalf of Standard Chartered PLC. (Frankson, Luke)
August 12, 2015 Opinion or Order Filing 408 WAIVER OF SERVICE RETURNED EXECUTED. Societe Generale S.A. waiver sent on 8/7/2015, answer due 10/6/2015. Document filed by Michael J. Smith; Employees' Retirement System of the Government of the Virgin Islands; Fresno County Employees Retirement Association; Michael Melissinos; Oklahoma Firefighters Pension and Retirement System; Izee Trading Company; J. Paul Antonello; Value Recovery Fund LLC; United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund; Jeffrey Sterk; State-Boston Retirement System; Employees' Retirement System of Puerto Rico Electric Power Authority; Peter Rives; Tiberius OC Fund, Ltd.; Robert Miller; John Kerstein; Haverhill Retirement System; Mark Miller; Marc G. Frederighi; Aureus Currency Fund, L.P.; Richard Preschern dba Preschern Trading; Doug Harvey; Syena Global Emerging Markets Fund, LP; The City of Philadelphia, Board of Pensions and Retirement; Kimberly Sterk; Systrax Corporation. (Burke, Christopher)
August 12, 2015 Opinion or Order Filing 407 WAIVER OF SERVICE RETURNED EXECUTED. Credit Suisse AG waiver sent on 8/7/2015, answer due 10/6/2015. Document filed by Michael J. Smith; Employees' Retirement System of the Government of the Virgin Islands; Fresno County Employees Retirement Association; Michael Melissinos; Oklahoma Firefighters Pension and Retirement System; Izee Trading Company; J. Paul Antonello; Value Recovery Fund LLC; United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund; Jeffrey Sterk; State-Boston Retirement System; Employees' Retirement System of Puerto Rico Electric Power Authority; Peter Rives; Tiberius OC Fund, Ltd.; Robert Miller; John Kerstein; Haverhill Retirement System; Mark Miller; Marc G. Frederighi; Aureus Currency Fund, L.P.; Richard Preschern dba Preschern Trading; Doug Harvey; Syena Global Emerging Markets Fund, LP; The City of Philadelphia, Board of Pensions and Retirement; Kimberly Sterk; Systrax Corporation. (Burke, Christopher)
August 12, 2015 Opinion or Order Filing 406 NOTICE OF APPEARANCE by Alan M. Unger on behalf of Standard Chartered PLC. (Unger, Alan)
August 12, 2015 Opinion or Order Filing 405 NOTICE OF APPEARANCE by Nicholas Primer Crowell on behalf of Standard Chartered PLC. (Crowell, Nicholas)
August 12, 2015 Opinion or Order Filing 404 NOTICE OF APPEARANCE by Andrew W. Stern on behalf of Standard Chartered PLC. (Stern, Andrew)
August 12, 2015 Opinion or Order Filing 403 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Credit Suisse Group AG for Credit Suisse AG. Document filed by Credit Suisse AG.(Washer, Herbert)
August 12, 2015 Opinion or Order Filing 402 NOTICE OF APPEARANCE by Herbert Scott Washer on behalf of Credit Suisse AG. (Washer, Herbert)
August 12, 2015 Opinion or Order Filing 401 NOTICE OF APPEARANCE by Sheila Chithran Ramesh on behalf of Credit Suisse AG. (Ramesh, Sheila)
August 12, 2015 Opinion or Order Filing 400 NOTICE OF APPEARANCE by Jason Michael Hall on behalf of Credit Suisse AG. (Hall, Jason)
August 12, 2015 Opinion or Order Filing 399 NOTICE OF APPEARANCE by Elai E. Katz on behalf of Credit Suisse AG. (Katz, Elai)
August 12, 2015 Opinion or Order Filing 398 NOTICE OF APPEARANCE by David George Januszewski on behalf of Credit Suisse AG. (Januszewski, David)
August 12, 2015 Opinion or Order Filing 397 REPLY MEMORANDUM OF LAW in Support re: #347 MOTION to Appoint Counsel . MOTION to Consolidate Cases 1:15-cv-1350, 1:15-cv-2705, 1:15-cv-4230, 1:15-cv-4436, 1:15-cv-4926 . . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
August 12, 2015 Opinion or Order Filing 396 NOTICE OF APPEARANCE by Michael E. Gertzman on behalf of Bank of Tokyo-Mitsubishi UFJ Ltd.. (Gertzman, Michael)
August 12, 2015 Opinion or Order Filing 395 NOTICE OF APPEARANCE by Andrew Corydon Finch on behalf of Bank of Tokyo-Mitsubishi UFJ Ltd.. (Finch, Andrew)
August 12, 2015 Opinion or Order Filing 394 NOTICE OF APPEARANCE by Kenneth Anthony Gallo on behalf of Bank of Tokyo-Mitsubishi UFJ Ltd.. (Gallo, Kenneth)
August 12, 2015 Opinion or Order Filing 393 ORDER granting #355 Motion for Alexander D. Kullar to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
August 12, 2015 Opinion or Order Filing 392 ORDER granting #354 Motion for Jayne A. Peeters to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
August 11, 2015 Opinion or Order Filing 391 ORDER: ORDERED that, at the conference scheduled for August 13, 2015, Lead Plaintiffs shall be prepared to address whether they are prepared to move forward with preliminary approval of the JPMorgan settlement at present, and if not, whether they intend to withdraw the motion or consent to its being denied without prejudice to renewal. SO ORDERED. (Signed by Judge Lorna G. Schofield on 8/11/2015) (ama)
August 11, 2015 Opinion or Order Filing 390 NOTICE OF APPEARANCE by Katherine Zupan Machan on behalf of Societe Generale S.A.. (Machan, Katherine)
August 10, 2015 Opinion or Order Filing 389 LETTER addressed to Judge Lorna G. Schofield from James C. Bradley dated August 6, 2015 re: Response to Motion to Consolidate and to Appoint Interim Co-Lead Counsel (ECF No. 347). Document filed by Robert Charles Class A, L.P., Robert L. Teel.(Bradley, James)
August 10, 2015 Opinion or Order Filing 388 LETTER addressed to Judge Lorna G. Schofield from David E. Kovel dated August 6, 2015 re: Response to Motion to Consolidate and to Appoint Interim Co-Lead Counsel (ECF No. 347). Document filed by John Burnside, Steve Leaven, Neil Taylor.(Kovel, David)
August 10, 2015 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney James Christopher Bradley to RE-FILE Document #385 Response to Motion. Use the event type Letter found under the event list Other Documents. (db)
August 10, 2015 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney David E Kovel to RE-FILE Document #384 Response to Motion. Use the event type Letter found under the event list Other Documents. (db)
August 7, 2015 Opinion or Order Filing 387 NOTICE OF APPEARANCE by Patrick Coby Ashby on behalf of Societe Generale S.A.. (Ashby, Patrick)
August 7, 2015 Opinion or Order Filing 386 NOTICE OF APPEARANCE by James Robert Warnot, Jr on behalf of Societe Generale S.A.. (Warnot, James)
August 6, 2015 Opinion or Order Filing 385 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from James C. Bradley dated August 6, 2015 re: #347 MOTION to Appoint Counsel . MOTION to Consolidate Cases 1:15-cv-1350, 1:15-cv-2705, 1:15-cv-4230, 1:15-cv-4436, 1:15-cv-4926 . . Document filed by Robert L. Teel, Robert Charles Class A, L.P. (Bradley, James) Modified on 8/10/2015 (db).
August 6, 2015 Opinion or Order Filing 384 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from David E. Kovel dated August 6, 2015 re: #347 MOTION to Appoint Counsel . MOTION to Consolidate Cases 1:15-cv-1350, 1:15-cv-2705, 1:15-cv-4230, 1:15-cv-4436, 1:15-cv-4926 . . Document filed by John Burnside, Steve Leaven, Neil Taylor. (Kovel, David) Modified on 8/10/2015 (db).
August 6, 2015 Opinion or Order Filing 383 MEMORANDUM OF LAW in Support re: (347 in 1:13-cv-07789-LGS, 347 in 1:13-cv-07789-LGS) MOTION to Appoint Counsel . MOTION to Consolidate Cases 1:15-cv-1350, 1:15-cv-2705, 1:15-cv-4230, 1:15-cv-4436, 1:15-cv-4926 . . Document filed by Nasser Bakizada. Filed In Associated Cases: 1:13-cv-07789-LGS et al.(Eisenkraft, Michael)
August 6, 2015 Opinion or Order Filing 382 RESPONSE to Motion re: #347 MOTION to Appoint Counsel . MOTION to Consolidate Cases 1:15-cv-1350, 1:15-cv-2705, 1:15-cv-4230, 1:15-cv-4436, 1:15-cv-4926 . . Document filed by Doris Sue Allen. (Wallin, J)
August 6, 2015 Opinion or Order Filing 381 LETTER addressed to Judge Lorna G. Schofield dated August 6, 2015 Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Morgan Stanley.(Moses, Jonathan)
August 5, 2015 Opinion or Order Filing 380 RESPONSE to Motion re: #347 MOTION to Appoint Counsel . MOTION to Consolidate Cases 1:15-cv-1350, 1:15-cv-2705, 1:15-cv-4230, 1:15-cv-4436, 1:15-cv-4926 . . Document filed by Michael Melissinos, Jeffrey Sterk, Kimberly Sterk. (Nussbaum, Linda)
August 4, 2015 Opinion or Order Filing 379 NOTICE OF APPEARANCE by Neil Thomas Bloomfield on behalf of RBC Capital Markets, LLC. (Bloomfield, Neil)
August 4, 2015 Opinion or Order Filing 378 ELECTRONIC SUMMONS ISSUED as to Standard Chartered PLC. (moh)
August 4, 2015 Opinion or Order Filing 377 ELECTRONIC SUMMONS ISSUED as to Societe Generale S.A.. (moh)
August 4, 2015 Opinion or Order Filing 376 ELECTRONIC SUMMONS ISSUED as to RBC Capital Markets, LLC. (moh)
August 4, 2015 Opinion or Order Filing 375 ELECTRONIC SUMMONS ISSUED as to Bank of Tokyo-Mitsubishi UFJ Ltd.. (moh)
August 3, 2015 Opinion or Order Filing 374 REQUEST FOR ISSUANCE OF SUMMONS as to Standard Chartered plc, re: #368 Amended Complaint,,,,,,,,,. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
August 3, 2015 Opinion or Order Filing 373 REQUEST FOR ISSUANCE OF SUMMONS as to Societe Generale S.A., re: #368 Amended Complaint,,,,,,,,,. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
August 3, 2015 Opinion or Order Filing 372 REQUEST FOR ISSUANCE OF SUMMONS as to RBC Capital Markets, LLC, re: #368 Amended Complaint,,,,,,,,,. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
August 3, 2015 Opinion or Order Filing 371 REQUEST FOR ISSUANCE OF SUMMONS as to Bank of Tokyo-Mitsubishi UFJ Ltd., re: #368 Amended Complaint,,,,,,,,,. Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
August 3, 2015 Opinion or Order Filing 370 NOTICE OF APPEARANCE by James P. McLoughlin, Jr on behalf of RBC Capital Markets, LLC. (McLoughlin, James)
July 31, 2015 Opinion or Order Filing 369 MEMO ENDORSEMENT on re: (361 in 1:13-cv-07789-LGS) Letter re: Discovery Consolidation between the Allen action and In re Foreign Exchange Benchmark Rates Antitrust Litigation filed by Doris Sue Allen, (81 in 1:15-cv-04285-LGS) Letter re: Case Consolidation between the Allen action and In re Foreign Exchange Benchmark Rates Antitrust Litigation filed by Doris Sue Allen. ENDORSEMENT: Application DENIED. Discovery in 15 Civ. 4285 is hereby STAYED pending resolution of outstanding motions to consolidate and appoint lead counsel in the remaining cases. Once those motions are resolved, discovery procedures in all related cases -- including 15 Civ. 4285 -- will be addressed at the same time. The Clerk of Court is directed to file this Order is 13 Civ. 7789 and 15 Civ. 4285. (Signed by Judge Lorna G. Schofield on 7/31/2015) (kko)
July 31, 2015 Opinion or Order Filing 368 SECOND AMENDED COMPLAINT amending #172 Amended Complaint,,,, against BNP Paribas Group, BNP Paribas North America, Bank Of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citigroup, Inc., Citigroup, N.A., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Goldman, Sachs & Co., HSBC Bank USA, N.A., HSBC Bank plc, HSBC Holdings plc, HSBC North America Holdings, Inc., JPMorgan Chase & Co., JPMorgan Chase Bank National Association, Morgan Stanley, RBS Securities, Inc., Royal Bank of Scotland Group, PLC, The Goldman Sachs Group, Inc., UBS AG, UBS Securities LLC, Bank of Tokyo-Mitubishi UFJ Ltd., RBC Capital Markets, LLC, Societe Generale S.A., Standard Chartered PLC with JURY DEMAND.Document filed by Michael J. Smith, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Michael Melissinos, Oklahoma Firefighters Pension and Retirement System, Izee Trading Company, J. Paul Antonello, Value Recovery Fund LLC, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Jeffrey Sterk, State-Boston Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Peter Rives, Tiberius OC Fund, Ltd., Robert Miller, Haverhill Retirement System, John Kerstein, Thomas Gramatis, Mark Miller, Marc G. Frederighi, Aureus Currency Fund, L.P., Richard Preschern dba Preschern Trading, Doug Harvey, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Kimberly Sterk, Systrax Corporation. Related document: #172 Amended Complaint,,,, filed by Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Oklahoma Firefighters Pension and Retirement System, Fresno County Employees Retirement Association, Tiberius OC Fund, Ltd., State-Boston Retirement System, Employees' Retirement System of the Government of the Virgin Islands, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, The City of Philadelphia, Board of Pensions and Retirement. (Attachments: #1 Appendix 1, #2 Appendix 2, #3 Appendix 3)(Burke, Christopher)
July 31, 2015 Opinion or Order Filing 367 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 7/31/2015 re: Response to Allen Letter (ECF No. 361). Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
July 31, 2015 Opinion or Order Filing 366 SEALED DOCUMENT placed in vault.(mps)
July 31, 2015 Opinion or Order Filing 365 MEMO ENDORSEMENT on re: #363 Letter,,,, filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Jeffrey Sterk, Kimberly Sterk, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, Richard Preschern dba Preschern Trading, Michael Melissinos, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller. ENDORSEMENT: With the following modification, the procedures set forth in this letter are hereby APPROVED and shall be followed by all parties until further order of the Court. Instead of the proposed deadlines for updates, Lead Plaintiffs and the DOJ shall update the Court about the continued need for redactions on the 1st day (or the next possible business day) of every other month, with the first update due on September 1, 2015, the second on November 2, 2015, and so on. The updates shall address whether every redaction continues to be necessary. To the extent required, the parties shall follow the Court's Individual Rules in all applications for filings with redactions. The proposed redactions of the Second Amended Complaint are approved pending further order of the Court. Lead Plaintiffs shall upload the redacted version on ECF at the earliest. (Signed by Judge Lorna G. Schofield on 7/31/2015) (kgo)
July 31, 2015 Opinion or Order Filing 364 SEALED DOCUMENT placed in vault.(mps)
July 30, 2015 Opinion or Order Filing 363 JOINT LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 7/30/2015 re: Court's July 16, 2015 Order (ECF No. 345). Document filed by Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
July 29, 2015 Opinion or Order Filing 362 MEMO ENDORSEMENT on re: (361 in 1:13-cv-07789-LGS) Letter filed by Doris Sue Allen, (81 in 1:15-cv-04285-LGS) Letter filed by Doris Sue Allen. ENDORSEMENT: Lead Plaintiffs in 13 Civ. 7789 shall file any response to this letter no later than 5 p.m. on July 31, 2015. The Clerk of Court is directed to file this Order is 13 Civ. 7789 and 15 Civ. 4285. (Signed by Judge Lorna G. Schofield on 7/29/2015) (kgo)
July 29, 2015 Opinion or Order Filing 361 LETTER addressed to Judge Lorna G. Schofield from J. Ross Wallin dated 07/29/2015 re: Discovery Consolidation between the Allen action and In re Foreign Exchange Benchmark Rates Antitrust Litigation. Document filed by Doris Sue Allen.(Wallin, J)
July 27, 2015 Opinion or Order Filing 360 MEMO ENDORSEMENT on re: (359 in 1:13-cv-07789-LGS) Letter,,,, filed by Systrax Corporation, Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Thomas Gramatis, Jeffrey Sterk, Kimberly Sterk, Tiberius OC Fund, Ltd., State-Boston Retirement System, Marc G. Frederighi, Richard Preschern dba Preschern Trading, Michael Melissinos, The City of Philadelphia, Board of Pensions and Retirement, Izee Trading Company, Michael J. Smith, Oklahoma Firefighters Pension and Retirement System, John Kerstein, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, Peter Rives, Doug Harvey, Employees' Retirement System of the Government of the Virgin Islands, Mark Miller, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, Robert Miller. ENDORSEMENT: For substantially the reasons stated in this letter, the application by Plaintiffs' counsel in 15 Civ. 4230 for access to the settlement agreements already negotiated or being negotiated in 13 Civ. 7789 is DENIED. The application in the alternative for in camera review is also DENIED. The Clerk of Court is directed to file this Order in 13 Civ. 7789, 15 Civ. 1350, 15 Civ. 2705, 15 Civ. 4230, 15 Civ. 4436 and 15 Civ. 4926. (Signed by Judge Lorna G. Schofield on 7/27/2015) (kgo)
July 27, 2015 Opinion or Order Filing 359 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 7/27/2015 re: Response to Bakizada Request. Document filed by Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
July 24, 2015 Opinion or Order Filing 358 MEMO ENDORSEMENT on re: (26 in 1:15-cv-04230-LGS) Letter filed by Nasser Bakizada, (356 in 1:13-cv-07789-LGS) Letter, filed by Nasser Bakizada, (111 in 1:15-cv-01350-LGS) Letter filed by Nasser Bakizada. ENDORSEMENT: Lead Plaintiffs in 13 Civ. 7789 shall respond to the issues raised in this letter at the earliest, and in any event no later than July 27, 2015, at 12 p.m. Eastern Time. The Clerk of Court is directed to file this Order in 13 Civ. 7789, 15 Civ. 1350, 15 Civ. 2705, 15 Civ. 4230, 15 Civ. 4436 and 15 Civ. 4926. (Signed by Judge Lorna G. Schofield on 7/24/2015) (kgo)
July 24, 2015 Opinion or Order Filing 357 MEMO ENDORSEMENT granting #341 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate Daniel L. Brockett and Steig D. Olson as attorneys-of-record to the City of Philadelphia, Board of Pensions and Retirement in the above-captioned case. Attorney Daniel Lawrence Brockett and Steig Olson terminated. (Signed by Judge Lorna G. Schofield on 7/24/2015) (kgo)
July 24, 2015 Opinion or Order Filing 356 LETTER addressed to Judge Lorna G. Schofield from J. Douglas Richards dated July 24, 2015 re: Request for production of settlement agreements on attorneys' eyes only basis. Document filed by Nasser Bakizada.Filed In Associated Cases: 1:13-cv-07789-LGS et al.(McNamara, Douglas)
July 24, 2015 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #355 MOTION for Alexander D. Kullar to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11192086. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
July 23, 2015 Opinion or Order Filing 355 MOTION for Alexander D. Kullar to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11192086. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System. (Attachments: #1 Order for Admission Pro Hac Vice)(Kullar, Alexander)
July 23, 2015 Opinion or Order Filing 354 MOTION for Jayne A. Peeters to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11190540. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System. (Attachments: #1 Order for Admission Pro Hac Vice)(Peeters, Jayne)
July 23, 2015 Opinion or Order Filing 353 REPLY to Response to Motion re: #341 MOTION for Daniel L. Brockett and Steig D. Olson to Withdraw as Attorney . . Document filed by Quinn Emanuel Urquhart & Sullivan, LLP. (Brockett, Daniel)
July 23, 2015 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #354 MOTION for Jayne A. Peeters to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11190540. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
July 22, 2015 Opinion or Order Filing 352 NOTICE OF APPEARANCE by Sheila Chithran Ramesh on behalf of Credit Suisse Group AG, Credit Suisse Securities (USA) LLC. (Ramesh, Sheila)
July 22, 2015 Opinion or Order Filing 351 NOTICE OF APPEARANCE by Allan Steyer on behalf of Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System. (Steyer, Allan)
July 21, 2015 Opinion or Order Filing 350 MEMO ENDORSEMENT on re: #349 Response to Motion filed by The City of Philadelphia, Board of Pensions and Retirement. ENDORSEMENT: Mr. Brockett and/or Mr. Olson shall file any response to this filing no later than July 24, 2015. (Signed by Judge Lorna G. Schofield on 7/21/2015) (kgo)
July 21, 2015 Opinion or Order Filing 349 RESPONSE to Motion re: #341 MOTION for Daniel L. Brockett and Steig D. Olson to Withdraw as Attorney . . Document filed by The City of Philadelphia, Board of Pensions and Retirement. (Leonard, William)
July 16, 2015 Opinion or Order Filing 348 MEMORANDUM OF LAW in Support re: #347 MOTION to Appoint Counsel . MOTION to Consolidate Cases 1:15-cv-1350, 1:15-cv-2705, 1:15-cv-4230, 1:15-cv-4436, 1:15-cv-4926 . . Document filed by J. Paul Antonello, Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Marc G. Frederighi, Fresno County Employees Retirement Association, Thomas Gramatis, Doug Harvey, Haverhill Retirement System, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Oklahoma Firefighters Pension and Retirement System, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, State-Boston Retirement System, Jeffrey Sterk, Kimberly Sterk, Syena Global Emerging Markets Fund, LP, Systrax Corporation, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Affidavit)(Burke, Christopher)
July 16, 2015 Opinion or Order Filing 347 MOTION to Appoint Counsel ., MOTION to Consolidate Cases 1:15-cv-1350, 1:15-cv-2705, 1:15-cv-4230, 1:15-cv-4436, 1:15-cv-4926 . Document filed by Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System, State-Boston Retirement System, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC, J. Paul Antonello, Marc G. Frederighi, Thomas Gramatis, Doug Harvey, Izee Trading Company, John Kerstein, Michael Melissinos, Mark Miller, Robert Miller, Richard Preschern dba Preschern Trading, Peter Rives, Michael J. Smith, Jeffrey Sterk, Kimberly Sterk, Systrax Corporation.(Burke, Christopher)
July 16, 2015 Opinion or Order Filing 346 LETTER addressed to Judge Lorna G. Schofield from David G. Januszewski dated July 16, 2015 Document filed by Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Morgan Stanley, Credit Suisse AG.(Januszewski, David)
July 16, 2015 Opinion or Order Filing 345 MEMO ENDORSEMENT on re: (344 in 1:13-cv-07789-LGS) Letter filed by U.S. Department of Justice. ENDORSEMENT: Application GRANTED in part. Lead Plaintiffs in 13 Civ. 7789 shall make an unredacted version of the amended complaint available only to outside counsel for all parties in 13 Civ. 7789 and the related actions on a "for attorneys' eyes only" basis, and counsel shall treat the document as confidential. Lead Plaintiffs in 13 Civ. 7789 shall confer with Defendants in that action and the DOJ to address how the parties plan to deal with issues such as service of process, and the defense by non-settling defendants, given their right to know the allegations against them, and the public's general right to access. Counsel in 13 Civ. 7789 shall file a joint letter with their proposal no later than July 30, 2015. The Clerk of Court is directed to file this Order in 13 Civ. 7789, 15 Civ. 1350, 15 Civ. 2705, 15 Civ. 4230, 15 Civ. 4436 and 15 Civ. 4926. (Signed by Judge Lorna G. Schofield on 7/16/2015) (kgo)
July 16, 2015 Opinion or Order Filing 344 LETTER addressed to Judge Lorna G. Schofield from Benjamin Sirota dated July 16, 2015 re: Amended Complaint. Document filed by U.S. Department of Justice.(Sirota, Benjamin)
July 15, 2015 Opinion or Order Filing 343 DECLARATION of STEIG D. OLSON in Support re: #341 MOTION for Daniel L. Brockett and Steig D. Olson to Withdraw as Attorney .. Document filed by The City of Philadelphia, Board of Pensions and Retirement. (Olson, Steig)
July 15, 2015 Opinion or Order Filing 342 DECLARATION of DANIEL L. BROCKETT in Support re: #341 MOTION for Daniel L. Brockett and Steig D. Olson to Withdraw as Attorney .. Document filed by The City of Philadelphia, Board of Pensions and Retirement. (Brockett, Daniel)
July 15, 2015 Opinion or Order Filing 341 MOTION for Daniel L. Brockett and Steig D. Olson to Withdraw as Attorney . Document filed by The City of Philadelphia, Board of Pensions and Retirement.(Brockett, Daniel)
July 13, 2015 Opinion or Order Filing 340 SEALED DOCUMENT placed in vault.(rz)
July 7, 2015 Opinion or Order Filing 339 ORDER: It is hereby ORDERED that the proceeding in this matter, previously scheduled for August 14, 2015 at 11:30 a.m., shall be rescheduled for August 13, 2015 at 4:30 p.m., due to a conflict in the Court's schedule. Status Conference set for 8/13/2015 at 04:30 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 7/7/2015) (kgo) Modified on 8/10/2015 (kgo).
July 7, 2015 Opinion or Order Filing 338 MEMO ENDORSEMENT on re: (337 in 1:13-cv-07789-LGS) Letter,, filed by Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Oklahoma Firefighters Pension and Retirement System, Fresno County Employees Retirement Association, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, State-Boston Retirement System, Value Recovery Fund LLC, Employees' Retirement System of the Government of the Virgin Islands, Employees' Retirement System of Puerto Rico Electric Power Authority, Haverhill Retirement System, The City of Philadelphia, Board of Pensions and Retirement. ENDORSEMENT: Application GRANTED in part. The above-underlined deadlines shall apply. Lead Plaintiffs in the Consolidated Action shall ensure that the amended complaint is made available to the parties and their counsel in the related cases no later than July 16, 2015. No further extensions absent extraordinary circumstances. The Clerk of Court is directed to file this Order in 13 Civ. 7789, 15 Civ. 1350, 15 Civ. 2705, 15 Civ. 4230, 15 Civ. 4436 and 15 Civ. 4926. (Signed by Judge Lorna G. Schofield on 7/7/2015) (kgo)
July 7, 2015 Opinion or Order Set/Reset Deadlines: Amended Pleadings due by 7/16/2015. Motions due by 7/16/2015. Responses due by 8/6/2015 Replies due by 8/12/2015. (kgo)
July 7, 2015 Opinion or Order Filing 337 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 7/7/2015 re: Extension of time. Document filed by Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System, State-Boston Retirement System, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
July 2, 2015 Opinion or Order Filing 336 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/25/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:13-cv-07789-LGS et al.(McGuirk, Kelly)
July 2, 2015 Opinion or Order Filing 335 TRANSCRIPT of Proceedings re: conference held on 6/25/2015 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Raquel Robles, (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 7/27/2015. Redacted Transcript Deadline set for 8/6/2015. Release of Transcript Restriction set for 10/5/2015.Filed In Associated Cases: 1:13-cv-07789-LGS et al.(McGuirk, Kelly)
July 2, 2015 Opinion or Order ***DELETED DOCUMENT. Deleted document number #338 NOTICE OF FILING OF OFFICIAL TRANSCRIPT. The document was incorrectly filed in this case. (mt)
July 2, 2015 Opinion or Order ***DELETED DOCUMENT. Deleted document number #337 TRANSCRIPT. The document was incorrectly filed in this case. (mt)
July 1, 2015 Opinion or Order Filing 334 ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL granting #321 Motion to Withdraw as Attorney. Upon the Motion by counsel for Defendants Morgan Stanley and Morgan Stanley & Co. LLC and the accompanying declaration of Keia D. Cole, IT IS HEREBY ORDERED that the motion of Keia D. Cole to withdraw as counsel for Morgan Stanley and Morgan Stanley & Co. LLC is granted, and Ms. Cole's appearance is withdrawn as of the date of this Order. Attorney Keia Denise Cole terminated. (Signed by Judge Lorna G. Schofield on 7/1/2015) (kgo)
June 30, 2015 Opinion or Order Filing 333 NOTICE OF APPEARANCE by Renae Diane Steiner on behalf of Haverhill Retirement System. (Steiner, Renae)
June 29, 2015 Opinion or Order Filing 332 ORDER: ORDERED that the application of Lead Plaintiffs in 13 Civ. 7789 to file a Second Consolidated Amended Class Action Complaint is GRANTED. The amended complaint shall be filed no later than July 9, 2015. It is further ORDERED that 15 Civ. 4285 is hereby consolidated with 13 Civ. 7789 for discovery purposes only. It is further ORDERED that Defendants' time to answer or otherwise respond to the complaints in the above-captioned cases is adjourned sine die. (As is further set forth in this Order.) (Amended Pleadings due by 7/9/2015.) (Signed by Judge Lorna G. Schofield on 6/29/2015) (spo)
June 29, 2015 Opinion or Order Filing 331 ORDER: It is hereby ORDERED that the parties shall brief the following questions: (1) Should the motion of Lead Plaintiffs in 13 Civ. 7789 to consolidate for all purposes all of the above-captioned actions be granted? (2) Should separate counsel be appointed for a "Futures" (or some other) subclass if all actions are consolidated? (3) If separate counsel should be appointed, who should serve as Lead Counsel for the new class or subclass and why? It is further ORDERED that Lead Plaintiffs in 13 Civ. 7789 shall file their opening brief no later than July 15, 2015. Any other party in the above-captioned cases may respond no later than August 5, 2015. Any reply shall be filed no later than August 12, 2015. Opening briefs shall not exceed 20 pages, and any reply shall not exceed 10 pages. It is further ORDERED that the parties in the above-captioned cases shall appear for a conference on August 14, 2015, at 11:30 a.m. It is further ORDERED that Defendants' time to answer or otherwise respond to the complaints in each of the above-captioned cases is adjourned sine die. (As further set forth in this Order.) (Status Conference set for 8/14/2015 at 11:30 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 6/29/2015) (spo)
June 29, 2015 Opinion or Order Set/Reset Deadlines: Brief due by 7/15/2015. (spo)
June 26, 2015 Opinion or Order Filing 330 NOTICE of Withdrawal of Counsel of Linda P. Nussbaum. Document filed by Syena Global Emerging Markets Fund, LP. (Nussbaum, Linda)
June 25, 2015 Opinion or Order Filing 329 ORDER granting #303 Motion for Renae D. Steiner to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
June 24, 2015 Opinion or Order Filing 328 MEMO ENDORSEMENT on re: (37 in 1:15-cv-04436-LGS) Letter filed by Robert L. Teel. ENDORSEMENT: Application GRANTED in part. Any attorney who does not anticipate speaking at the conference scheduled for June 25, 2015, may participate by telephone. Counsel shall coordinate with Mr. Louis Burke to jointly call Chambers at (212) 805-0288 once all parties are on the line. The Clerk of Court shall file this order in 13 Civ. 7789, 15 Civ. 1350, 15 Civ. 2705, 15 Civ. 4230, 15 Civ. 4285 and 15 Civ. 4436. (Signed by Judge Lorna G. Schofield on 6/24/2015) (kgo)
June 23, 2015 Opinion or Order Filing 327 LETTER addressed to Judge Lorna G. Schofield from Daniel L. Brockett dated June 23, 2015 re: Bakizada v. Bank of America Corp.. Document filed by Nasser Bakizada.(Brockett, Daniel)
June 23, 2015 Opinion or Order Filing 326 LETTER addressed to Judge Lorna G. Schofield from J. Ross Wallin dated 6/23/2015 re: Reply re: Case Consolidation. Document filed by Doris Sue Allen.(Wallin, J)
June 23, 2015 Opinion or Order Filing 325 LETTER addressed to Judge Lorna G. Schofield from Daniel L. Brockett dated June 23, 2015 re: Bakizada v. Bank of America Corp.. Document filed by Nasser Bakizada.(Brockett, Daniel)
June 23, 2015 Opinion or Order Filing 324 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 6/23/2015 re: Pursuant to the Court's June 16, 2015 Order (ECF No. 316) Response to ECF Nos. 304, 306, 313, 315, 318, and 319.. Document filed by Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System, State-Boston Retirement System, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
June 23, 2015 Opinion or Order Filing 323 LETTER addressed to Judge Lorna G. Schofield from Daniel L. Brockett dated June 23, 2015 re: Bakizada v. Bank of America Corp.. Document filed by Nasser Bakizada.(Brockett, Daniel)
June 22, 2015 Opinion or Order Filing 322 DECLARATION of Keia D. Cole in Support re: #321 MOTION for Keia D. Cole to Withdraw as Attorney .. Document filed by Morgan Stanley. (Cole, Keia)
June 22, 2015 Opinion or Order Filing 321 MOTION for Keia D. Cole to Withdraw as Attorney . Document filed by Morgan Stanley. (Attachments: #1 Text of Proposed Order)(Cole, Keia)
June 19, 2015 Opinion or Order Filing 320 DECLARATION of H. Nejat Seyhun in Opposition re: #297 LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Christopher M. Burke dated 06/12/2015.. Document filed by John Burnside, Steve Leaven, Neil Taylor. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Kovel, David)
June 19, 2015 Opinion or Order Filing 319 LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from David E. Kovel dated June 19, 2015 re: #297 LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Christopher M. Burke dated 06/12/2015. . Document filed by John Burnside, Steve Leaven, Neil Taylor. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kovel, David)
June 19, 2015 Opinion or Order Filing 318 LETTER addressed to Judge Lorna G. Schofield from Credit Suisse AG, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, and Morgan Stanley dated June 19, 2015 re: Letter Response to Plaintiffs' letter dated June 12, 2015 (Dkt. No. 297). Document filed by Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Morgan Stanley.(Serino, Joseph)
June 19, 2015 Opinion or Order Filing 317 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 6/18/2015 re: Consolidation of Cases. Document filed by Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System, State-Boston Retirement System, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
June 19, 2015 Opinion or Order Filing 316 ORDER: Lead Plaintiffs in 13 Civ. 7789 shall file their response to the letters in that case at Dkt. Nos. 304, 306, 313 and 315 no later than Tuesday, June 23, 2015, at 2 p.m. In addition, any party in any of the above-captioned cases may respond to the filings in 13 Civ. 7789 at Dkt. Nos. 304-315 no later than Tuesday, June 23, 2015, at 2 p.m. (Signed by Judge Lorna G. Schofield on 6/19/2015) (kgo)
June 19, 2015 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Christopher M. Burke to RE-FILE Document #310 MOTION to Consolidate Cases 15-cv-1350, 15-cv-2705, 15-cv-4230, 15-cv-4436 filed pursuant to the Court's June 11, 2015 Order (ECF No. 295). Use the event type Letter found under the event list Other Documents. (db)
June 18, 2015 Opinion or Order Filing 315 LETTER addressed to Judge Lorna G. Schofield from Daniel L. Brockett dated June 18, 2015 re: Sterk and Bakizada actions. Document filed by Nasser Bakizada.(Brockett, Daniel)
June 18, 2015 Opinion or Order Filing 314 LETTER addressed to Judge Lorna G. Schofield from James C. Bradley dated June 18, 2015 re: Letter Pursuant to the Court's June 11, 2015 Order (ECF No. 295). Document filed by Robert L. Teel.(Bradley, James)
June 18, 2015 Opinion or Order Filing 313 LETTER addressed to Judge Lorna G. Schofield from James C. Bradley dated June 18, 2015 re: Letter Pursuant to the Court's June 11, 2015 Order (ECF No. 295). Document filed by Robert L. Teel.(Bradley, James)
June 18, 2015 Opinion or Order Filing 312 LETTER addressed to Judge Lorna G. Schofield from David E. Kovel dated June 18, 2015 re: Letter Pursuant to the Court's June 11, 2015 Order (ECF No. 295). Document filed by John Burnside, Steve Leaven, Neil Taylor. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kovel, David)
June 18, 2015 Opinion or Order Filing 311 LETTER addressed to Judge Lorna G. Schofield from David E. Kovel dated June 18, 2015 re: Letter Pursuant to the Court's June 11, 2015 Order (ECF No. 295). Document filed by Neil Taylor, Steve Leaven, John Burnside.(Kovel, David)
June 18, 2015 Opinion or Order Filing 310 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Consolidate Cases 15-cv-1350, 15-cv-2705, 15-cv-4230, 15-cv-4436 filed pursuant to the Court's June 11, 2015 Order (ECF No. 295). Document filed by Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System, State-Boston Retirement System, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher) Modified on 6/19/2015 (db).
June 18, 2015 Opinion or Order Filing 309 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 6/18/2015 re: Consolidation. Document filed by Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System, State-Boston Retirement System, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
June 18, 2015 Opinion or Order Filing 308 LETTER addressed to Judge Lorna G. Schofield from Peter E. Greene dated June 18, 2015 re: Case Management. Document filed by JPMorgan Chase & Co., JPMorgan Chase Bank National Association.(Greene, Peter)
June 18, 2015 Opinion or Order Filing 307 LETTER addressed to Judge Lorna G. Schofield from J. Ross Wallin dated 6/18/2015 re: Case Consolidation. Document filed by Doris Sue Allen.(Wallin, J)
June 18, 2015 Opinion or Order Filing 306 LETTER addressed to Judge Lorna G. Schofield from Michael Eisenkraft dated June 18, 2015 re: Case consolidation. Document filed by Nasser Bakizada.Filed In Associated Cases: 1:13-cv-07789-LGS et al.(Eisenkraft, Michael)
June 18, 2015 Opinion or Order Filing 305 LETTER addressed to Judge Lorna G. Schofield from Linda P. Nussbaum dated June 18, 2015 re: Consolidation. Document filed by Syena Global Emerging Markets Fund, LP.(Nussbaum, Linda)
June 18, 2015 Opinion or Order Filing 304 LETTER addressed to Judge Lorna G. Schofield dated June 18, 2015 Document filed by Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Morgan Stanley.(Moses, Jonathan)
June 16, 2015 Opinion or Order Filing 303 MOTION for Renae D. Steiner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11042190. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System. (Attachments: #1 Exhibit A Certificate of Good Standing, #2 Text of Proposed Order)(Steiner, Renae)
June 16, 2015 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #303 MOTION for Renae D. Steiner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11042190. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
June 15, 2015 Opinion or Order Filing 300 ORDER granting #297 Letter Motion for Conference. Application GRANTED. Lead Plaintiffs' motion to amend will be discussed at the conference scheduled for June 25, 2015. Any party in this case or any related case may respond to the issues raised in this letter or the letter at Dkt. No. 296 in 13 Civ. 7789, no later than June 19, 2015. The Clerk of Court is directed to file this Order in 13 Civ. 7789, 15 Civ. 1350, 15 Civ. 2705, 15 Civ. 4230, 15 Civ. 4285 and 15 Civ. 4436. (Signed by Judge Lorna G. Schofield on 6/15/2015) (kgo)
June 12, 2015 Opinion or Order Filing 297 LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Christopher M. Burke dated 06/12/2015. Document filed by Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System, State-Boston Retirement System, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
June 12, 2015 Opinion or Order Filing 296 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke dated 06/12/2015 re: In Response Pursuant to the Court's April 20, 2015 Order (ECF No. 284). Document filed by Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System, State-Boston Retirement System, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Burke, Christopher)
June 11, 2015 Opinion or Order Filing 295 ORDER: It is hereby ORDERED that the June 18 conference is hereby adjourned to June 25, 2015, at 4 p.m. Among other things, the relationship among and possible consolidation of each of the above captioned cases will be discussed at the conference. It is further ORDERED that no later than June 18, 2015, any party may file on ECF a letter not to exceed three pages regarding the relationship and possible consolidation of any of the New Actions with either (i) the Consolidated Action, (ii) the Taylor Action and/or (iii) the Sterk Action. Any related motions shall be filed by letter motion on ECF by June 18, 2015. It is further ORDERED that Defendants' time to respond to the operative complaints in each of the above captioned cases is adjourned sine die pending a schedule that will be set at the June 25, 2015, conference. It is further ORDERED that Lead Plaintiffs in the Consolidated Action and Defendants Bank of America, Citigroup, JPMorgan, UBS and RBS shall appear for a closed settlement conference at a time and place to be disclosed to the participants. Any other Defendant in the Consolidated Action wishing to participate in settlement discussions shall inform the Court ex parte by email to Schofield_NYSDChambers@nysd.uscourts.gov no later than June 15, 2015, at 12:00 p.m. All previously set deadlines not affected by this Order remain controlling. SO ORDERED. (Motions due by 6/18/2015. Status Conference set for 6/25/2015 at 04:00 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 6/11/2015) (ajs)
June 11, 2015 Opinion or Order Filing 294 LETTER addressed to Judge Lorna G. Schofield from Ross Wallin dated 6/11/2015 re: Leave to attend June 18, 2015 status conference. Document filed by Doris Sue Allen.(Wallin, J)
June 9, 2015 Opinion or Order Filing 293 NOTICE OF APPEARANCE by Melissa Carrie King on behalf of RBS Securities, Inc., Royal Bank of Scotland Group, PLC. (King, Melissa)
June 9, 2015 Opinion or Order Filing 292 NOTICE OF APPEARANCE by Jennifer Kan on behalf of RBS Securities, Inc., Royal Bank of Scotland Group, PLC. (Kan, Jennifer)
June 2, 2015 Opinion or Order Filing 291 ORDER granting #282 Motion to Withdraw as Attorney: Upon the Motion by Counsel for BNP Paribas and the accompanying declaration of Molly Kelley, IT IS HEREBY ORDERED that the motion of Molly Kelley to withdraw as counsel for BNP Paribas is granted, and Ms. Kelleys appearance is withdrawn as of the date of this Order. The Clerk is directed to remove Ms. Kelley from the CM/ECF service list for this action. (Attorney Molly Anne Kelley terminated). (Signed by Judge Lorna G. Schofield on 06/02/2015) (jcs) (Main Document 291 replaced on 6/3/2015) (jcs).
May 27, 2015 Opinion or Order Filing 290 NOTICE OF APPEARANCE by Bradley Reid Wilson on behalf of Morgan Stanley. (Wilson, Bradley)
April 29, 2015 Opinion or Order Filing 289 ORDER granting #285 Motion for Julia C. Webb to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
April 29, 2015 Opinion or Order Filing 288 NOTICE OF CHANGE OF ADDRESS by Linda P. Nussbaum on behalf of Syena Global Emerging Markets Fund, LP. New Address: Nussbaum Law Group, P.C., 570 Lexington Avenue, 19th Floor, New York, New York, New York 10022, 212-702-7053. (Nussbaum, Linda)
April 28, 2015 Opinion or Order Filing 287 ORDER: It is hereby ORDERED that Defendants' time to respond to the operative complaints in each of the above-captioned cases is adjourned sine die pending a schedule that will be set at the June 18, 2015, conference. It is further ORDERED that the initial pretrial conference scheduled for June 3, 2015, in Sterk v. Bank of America, No. 15 Civ. 2705, is hereby CANCELED. All previously set deadlines not affected by this Order remain controlling. (Signed by Judge Lorna G. Schofield on 4/28/2015) (kgo)
April 28, 2015 Opinion or Order Filing 286 LETTER addressed to Judge Lorna G. Schofield from Defendants dated April 28, 2015 Document filed by BNP Paribas Group, BNP Paribas North America, Bank Of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citigroup, Inc., Citigroup, N.A., Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Goldman, Sachs & Co., HSBC Bank USA, N.A., HSBC Bank plc, HSBC Holdings plc, HSBC North America Holdings, Inc., JPMorgan Chase & Co., JPMorgan Chase Bank National Association, Morgan Stanley, RBS Securities, Inc., Royal Bank of Scotland Group, PLC, UBS AG, UBS Securities LLC.(Moses, Jonathan)
April 23, 2015 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #285 MOTION for Julia C. Webb to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10845546. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
April 22, 2015 Opinion or Order Filing 285 MOTION for Julia C. Webb to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10845546. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by HSBC Bank USA, N.A., HSBC Bank plc, HSBC Holdings plc, HSBC North America Holdings, Inc.. (Attachments: #1 Text of Proposed Order)(Webb, Julia)
April 20, 2015 Opinion or Order Filing 284 ORDER: it is hereby ORDERED that Lead Plaintiffs in the Consolidated Action shall submit further ex parte updates regarding settlement discussions with each named Defendant no later than May 20, 2015, and June 10, 2015, via email to Schofield_NYSDChambers@nysd.uscourts.gov. It is further ORDERED that the briefing schedule entered at Dkt. No. 6 in the Taylor Action is hereby VACATED. It is further ORDERED that the conference in the above-captioned cases scheduled for April 24, 2015, is hereby adjourned to June 18, 2015, at 10:30 a.m. It is further ORDERED that no later than June 12, 2015, Lead Plaintiffs in the Consolidated Action shall file a letter on ECF explaining their position, if any, regarding (i) the relationship among the above-captioned cases and/or (ii) consolidation of the cases for all or limited purposes. It is further ORDERED that no later than June 12, 2015, any Defendant also may, but is not required to, file a letter on ECF explaining its position regarding the issues raised by Plaintiffs's letters in the Taylor and Sterk Actions and/or possible consolidation of the above-captioned cases. The issues for possible discussion at the conference now scheduled for June 18, 2015, include, but are not be limited to the following herein. Defendants' time to respond to the Taylor and Sterk Complaints is hereby extended to June 18, 2015. (Signed by Judge Lorna G. Schofield on 4/20/2015) (kgo)
April 20, 2015 Opinion or Order Set/Reset Hearings: Status Conference set for 6/18/2015 at 10:30 AM before Judge Lorna G. Schofield. (kgo)
April 20, 2015 Opinion or Order Filing 283 NOTICE OF APPEARANCE by Barbara J. Hart on behalf of United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund. Filed In Associated Cases: 1:13-cv-07789-LGS et al.(Hart, Barbara)
April 16, 2015 Opinion or Order Filing 282 MOTION for Molly A. Kelley to Withdraw as Attorney for BNP Paribas. Document filed by BNP Paribas Group, BNP Paribas North America. (Attachments: #1 Text of Proposed Order)(Kelley, Molly)
April 13, 2015 Opinion or Order Filing 281 ORDER: It is hereby ORDERED that the parties in the above-captioned cases shall appear on April 24, 2015, at 10:50 a.m. to discuss the relationship, if any, among the cases. Any Defendant may elect not to appear at the conference as long as it coordinates with an appearing Defendant to represent its position, if any. All previously set deadlines remain controlling. Status Conference set for 4/24/2015 at 10:50 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 4/13/2015) (kgo)
April 10, 2015 Opinion or Order Filing 280 ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL granting #232 Motion to Withdraw as Attorney. Attorney Qian Allison Gao terminated. Upon the Motion by counsel for Defendants Barclays Bank PLC and Barclays Capital Inc. and the accompanying declaration of Qian A. Gao, IT IS HEREBY ORDERED that the motion of Qian A. Gao to withdraw as counsel for Barclays Bank PLC and Barclays Capital Inc. is granted, and Ms. Gao's appearance is withdrawn as of the date of this Order. The Clerk of the Court is directed to terminate the Motion at docket number 232. (Signed by Judge Lorna G. Schofield on 4/10/2015) (kgo)
April 10, 2015 Opinion or Order Filing 279 ORDER granting #278 Motion for David Jarrett Arp to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
April 9, 2015 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #278 MOTION for David Jarrett Arp to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10795518. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
April 8, 2015 Opinion or Order Filing 278 MOTION for David Jarrett Arp to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10795518. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by UBS AG, UBS Securities LLC. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order)(Arp, David)
March 30, 2015 Opinion or Order Filing 277 ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL granting (236) Motion to Withdraw as Attorney. Upon the Motion by Counsel for UBS AG and UBS Securities LLC and the accompanying declaration of Rachel A. Lavery, IT IS HEREBY ORDERED that the motion of Rachel A. Lavery to withdraw as counsel for UBS AG and UBS Securities LLC is granted, and Ms. Lavery's appearance is withdrawn as of the date of this Order. Attorney Rachel Alden Lavery terminated. (Signed by Judge Lorna G. Schofield on 3/30/2015) Filed In Associated Cases: 1:13-cv-07789-LGS, 1:13-cv-07953-LGS (mro)
March 30, 2015 Opinion or Order Filing 276 ORDER granting #260 Motion for Jennifer J. Scott to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
March 30, 2015 Opinion or Order Filing 275 ORDER granting #259 Motion for Stephanie A. Hackett to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
March 23, 2015 Opinion or Order Filing 274 MEMO ENDORSEMENT on re: #272 LETTER addressed to Judge Lorna G. Schofield from Department of Justice dated March 9, 2015 re: Discovery Stay. Document filed by U.S. Department of Justice. ENDORSEMENT: Application GRANTED. Discovery in this case is STAYED with certain exceptions as underlined above. Accordingly, the scheduling conference on March 26, 2015, is adjourned sine die. Plaintiffs and the Department of Justice shall file a joint letter no later than September 1, 2015, explaining their positions on discovery in this case. Plaintiffs shall provide a further ex parte update regarding settlement discussions with each named Defendant via email to Schofield_NYSDChambers@nysd.uscourts.gov no later than April 20, 2015. (Signed by Judge Lorna G. Schofield on 3/23/2015) (rjm)
March 12, 2015 Opinion or Order Set/Reset Deadlines: BNP Paribas Group answer due 6/16/2015; BNP Paribas North America answer due 6/16/2015; Bank Of America Corporation answer due 6/16/2015; Bank of America, N.A. answer due 6/16/2015; Barclays Bank PLC answer due 6/16/2015; Barclays Capital Inc. answer due 6/16/2015; Citigroup, Inc. answer due 6/16/2015; Citigroup, N.A. answer due 6/16/2015; Credit Suisse Group AG answer due 6/16/2015; Credit Suisse Securities (USA) LLC answer due 6/16/2015; Deutsche Bank AG answer due 6/16/2015; Goldman, Sachs & Co. answer due 6/16/2015; JPMorgan Chase & Co. answer due 6/16/2015; JPMorgan Chase Bank National Association answer due 6/16/2015; Morgan Stanley answer due 6/16/2015; RBS Securities, Inc. answer due 6/16/2015; Royal Bank of Scotland Group, PLC answer due 6/16/2015; The Goldman Sachs Group, Inc. answer due 6/16/2015; UBS AG answer due 6/16/2015; UBS Securities LLC answer due 6/16/2015. (kgo)
March 12, 2015 Opinion or Order Filing 273 STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANTS TO ANSWER: that the deadline for Defendants to serve and file their answers to the Complaint in this action shall be extended until June 16, 2015, or 45 days after Plaintiffs file an amended complaint (in which case Defendants shall respond to such amended complaint), whichever is later. Bank Of America Corporation answer due 6/16/2015; Bank of America, N.A. answer due 6/16/2015; Barclays Bank PLC answer due 6/16/2015; Barclays Capital Inc. answer due 6/16/2015; Citigroup, Inc. answer due 6/16/2015; Citigroup, N.A. answer due 6/16/2015; Credit Suisse Group AG answer due 6/16/2015; Credit Suisse Securities (USA) LLC answer due 6/16/2015; Deutsche Bank AG answer due 6/16/2015; Goldman, Sachs & Co. answer due 6/16/2015; JPMorgan Chase & Co. answer due 6/16/2015; JPMorgan Chase Bank National Association answer due 6/16/2015; Morgan Stanley answer due 6/16/2015; RBS Securities, Inc. answer due 6/16/2015; Royal Bank of Scotland Group, PLC answer due 6/16/2015; The Goldman Sachs Group, Inc. answer due 6/16/2015; UBS AG answer due 6/16/2015; UBS Securities LLC answer due 6/16/2015. (Signed by Judge Lorna G. Schofield on 3/12/2015) (tn)
March 9, 2015 Opinion or Order Filing 272 LETTER addressed to Judge Lorna G. Schofield from Department of Justice dated March 9, 2015 re: Discovery Stay. Document filed by U.S. Department of Justice.(Sirota, Benjamin)
March 9, 2015 Opinion or Order Filing 271 NOTICE OF APPEARANCE by Joel Murray Cohen on behalf of RBS Securities, Inc., Royal Bank of Scotland Group, PLC. (Cohen, Joel)
February 27, 2015 Opinion or Order Filing 270 NOTICE of FIRM NAME CHANGE. Document filed by Aureus Currency Fund, L.P.. (Cera, Solomon)
February 23, 2015 Opinion or Order Filing 269 MEMO ENDORSEMENT on re: #268 Letter,,, filed by Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Oklahoma Firefighters Pension and Retirement System, Fresno County Employees Retirement Association, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, State-Boston Retirement System, Value Recovery Fund LLC, Employees' Retirement System of the Government of the Virgin Islands, Employees' Retirement System of Puerto Rico Electric Power Authority, Haverhill Retirement System, The City of Philadelphia, Board of Pensions and Retirement. ENDORSEMENT: WHEREAS, the Department of Justice (the "DOJ") contacted Chambers seeking an opportunity to respond to the issues raised in this letter, it is hereby ORDERED that the DOJ's application is GRANTED. The DOJ may file a response to this letter no later than March 9, 2015. If the DOJ wishes to file any part of its response under seal, it shall also include a cover letter that may be filed publicly on ECF. This Order will be served on the DOJ via e-mail to the attorneys underlined above. (Signed by Judge Lorna G. Schofield on 2/23/2015) (kgo)
February 20, 2015 Opinion or Order Filing 268 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 2/20/2015 re: Response to DOJ. Document filed by Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System, State-Boston Retirement System, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
February 17, 2015 Opinion or Order Filing 267 NOTICE OF APPEARANCE by Laura Rose Hall on behalf of BNP Paribas Group, BNP Paribas North America. (Hall, Laura)
February 17, 2015 Opinion or Order Filing 266 ENDORSED LETTER addressed to Judge Lorna G. Schofield from Benjamin Sirota and Gary A. Winters dated 2/13/2015 re: The United States Department of Justice requests a limited stay of discovery in the above-captioned matter for a period of six months. ENDORSEMENT: Any party may respond to the application made in this letter by letter filed on ECF no later than February 20, 2015. (Signed by Judge Lorna G. Schofield on 2/17/2015) (kgo)
February 17, 2015 Opinion or Order Filing 265 MEMO ENDORSEMENT on re: #262 Letter request regarding the adjournment of the scheduling conference, filed by Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Oklahoma Firefighters Pension and Retirement System, Fresno County Employees Retirement Association, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, State-Boston Retirement System, Value Recovery Fund LLC, Employees' Retirement System of the Government of the Virgin Islands, Employees' Retirement System of Puerto Rico Electric Power Authority, Haverhill Retirement System, The City of Philadelphia, Board of Pensions and Retirement. ENDORSEMENT: Application GRANTED. The conference scheduled for February 19, 2015, is hereby adjourned to March 26, 2015, at 11:10 a.m. All Defendants shall appear at the conference. Plaintiff shall provide a further ex parte update regarding settlement discussions with each Defendant via email to Schofield_NYSDChambers@nysd.uscourts.gov no later than March 20, 2015. (Signed by Judge Lorna G. Schofield on 2/17/2015) (kl)
February 17, 2015 Opinion or Order Filing 264 NOTICE OF APPEARANCE by William Curtis Fredericks on behalf of Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System. (Fredericks, William)
February 17, 2015 Opinion or Order Filing 263 SEALED DOCUMENT placed in vault.(rz)
February 17, 2015 Opinion or Order Set/Reset Hearings: Scheduling Conference set for 2/26/2015 at 11:10 AM before Judge Lorna G. Schofield. (kl)
February 17, 2015 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #259 MOTION for Stephanie A. Hackett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10598615. Motion and supporting papers to be reviewed by Clerk's Office staff., #260 MOTION for Jennifer J. Scott to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10598622. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
February 17, 2015 Opinion or Order Set/Reset Hearings: Scheduling Conference set for 3/26/2015 at 11:10 AM before Judge Lorna G. Schofield. (kl)
February 16, 2015 Opinion or Order Filing 262 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 2/16/2015 re: Request to adjourn scheduling conference. Document filed by Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System, State-Boston Retirement System, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
February 16, 2015 Opinion or Order Filing 261 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated 2/16/2015 re: Status report on Plan of Distribution. Document filed by Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System, State-Boston Retirement System, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
February 13, 2015 Opinion or Order Filing 260 MOTION for Jennifer J. Scott to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10598622. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Scott, Jennifer)
February 13, 2015 Opinion or Order Filing 259 MOTION for Stephanie A. Hackett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10598615. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Hacket, Stephanie)
February 13, 2015 Opinion or Order Filing 258 PRE-CONFERENCE STATEMENT . Document filed by Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System, State-Boston Retirement System, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
February 13, 2015 Opinion or Order Filing 257 ENDORSED LETTER addressed to Judge Lorna G. Schofield from Benjamin Sirota and Gary A. Winters dated 2/11/2015 re: The Department of Justice is writing the Court now, in advance of its filing, to facilitate acceptance by the Clerk of the Court of sealed documents on February 13, 2015. ENDORSEMENT: Application GRANTED. The Department of Justice is granted leave to file its anticipated submission under seal. It shall also submit an unredacted version of its filing via email to Schofield_NYSDChambers@nysd.uscourts.gov. This Order will be sent to the Department of Justice via email. (Signed by Judge Lorna G. Schofield on 2/13/2015) (kgo)
February 10, 2015 Opinion or Order Filing 256 ORDER denying #254 Letter Motion for Conference: Application DENIED as moot, and any party that wishes to attend by phone may do so as provided in the prior order. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
February 9, 2015 Opinion or Order Filing 255 ORDER granting #253 Letter Motion for Conference. Application GRANTED in part. Counsel for any party who does not intend to speak at the conference scheduled for February 19, 2015, may appear by telephone. Any counsel that intends to speak at the conference must appear in person. At the appointed time, all counsel appearing by telephone shall coordinate with each other and jointly call chambers at (212) 805-0288 with all participants on the line. (Signed by Judge Lorna G. Schofield on 2/9/2015) (spo)
February 6, 2015 Opinion or Order Filing 254 LETTER MOTION for Conference re: #253 LETTER MOTION for Conference Request to appear telephonically addressed to Judge Lorna G. Schofield from Daniel J. Mogin dated 02/06/2015. Withdrawal of telephonic appearance request addressed to Judge Lorna G. Schofield from Daniel J. Mogin dated 2/6/2015. Document filed by Haverhill Retirement System.(Mogin, Daniel)
February 6, 2015 Opinion or Order Filing 253 LETTER MOTION for Conference Request to appear telephonically addressed to Judge Lorna G. Schofield from Daniel J. Mogin dated 02/06/2015. Document filed by Haverhill Retirement System.(Mogin, Daniel)
February 6, 2015 Opinion or Order Filing 252 ORDER terminating #215 Letter Motion for Conference. It is hereby ORDERED that notwithstanding the proposed settlement, the JPMorgan Defendants shall appear at the conference scheduled for February 19, 2015. It is further ORDERED that no later than February 16, 2015, Plaintiffs shall inform the Court by letter filed on ECF the status of the Plan of Distribution and the date by which it will be completed. It is further ORDERED that no later than February 16, 2015, Plaintiffs shall inform the Court ex parte of the status of any settlement discussions with each of the remaining Defendants via letter sent to Schofield_NYSDChambers@nysd.uscourts.gov. The Clerk of Court is directed to close as moot the motion at Dkt. No. 215 requesting oral argument for the then-pending motion to dismiss. (Signed by Judge Lorna G. Schofield on 2/6/2015) (kgo)
February 3, 2015 Opinion or Order Filing 251 STIPULATION AND ORDER SETTING TIME FOR DEFENDANTS TO ANSWER CONSOLIDATED AMENDED CLASS ACTION COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, and respectfully submitted for the Court's approval, as follows: 1. The deadline for the Defendants to serve and file the Answers shall be extended until March 16, 2015. (Signed by Judge Lorna G. Schofield on 2/3/2015) (kgo)
February 3, 2015 Opinion or Order Filing 250 NOTICE OF APPEARANCE by Lee Albert on behalf of Haverhill Retirement System. (Albert, Lee)
February 3, 2015 Opinion or Order Filing 249 ORDER granting #240 Motion for Rigel Caitlin Farr to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
February 3, 2015 Opinion or Order Set/Reset Deadlines: BNP Paribas Group answer due 3/16/2015; BNP Paribas North America answer due 3/16/2015; Bank Of America Corporation answer due 3/16/2015; Bank of America, N.A. answer due 3/16/2015; Barclays Bank PLC answer due 3/16/2015; Barclays Capital Inc. answer due 3/16/2015; Citigroup, Inc. answer due 3/16/2015; Citigroup, N.A. answer due 3/16/2015; Credit Suisse Group AG answer due 3/16/2015; Credit Suisse Securities (USA) LLC answer due 3/16/2015; Deutsche Bank AG answer due 3/16/2015; Goldman, Sachs & Co. answer due 3/16/2015; JPMorgan Chase & Co. answer due 3/16/2015; JPMorgan Chase Bank National Association answer due 3/16/2015; Morgan Stanley answer due 3/16/2015; RBS Securities, Inc. answer due 3/16/2015; Royal Bank of Scotland Group, PLC answer due 3/16/2015; The Goldman Sachs Group, Inc. answer due 3/16/2015; UBS AG answer due 3/16/2015; UBS Securities LLC answer due 3/16/2015. (kgo)
January 30, 2015 Opinion or Order Filing 248 DECLARATION of Kenneth R. Feinberg in Support re: #245 MOTION to Approve (Preliminary) of Settlement with JPMorgan Chase & Co. and JPMorgan Chase Bank, N.A... Document filed by Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System, State-Boston Retirement System, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
January 30, 2015 Opinion or Order Filing 247 DECLARATION of Christopher M. Burke in Support re: #245 MOTION to Approve (Preliminary) of Settlement with JPMorgan Chase & Co. and JPMorgan Chase Bank, N.A... Document filed by Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System, State-Boston Retirement System, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Burke, Christopher)
January 30, 2015 Opinion or Order Filing 246 MEMORANDUM OF LAW in Support re: #245 MOTION to Approve (Preliminary) of Settlement with JPMorgan Chase & Co. and JPMorgan Chase Bank, N.A.. . Document filed by Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System, State-Boston Retirement System, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
January 30, 2015 Opinion or Order Filing 245 MOTION to Approve (Preliminary) of Settlement with JPMorgan Chase & Co. and JPMorgan Chase Bank, N.A.. Document filed by Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System, State-Boston Retirement System, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Attachments: #1 Text of Proposed Order)(Burke, Christopher)
January 30, 2015 Opinion or Order Filing 244 CLERK'S JUDGMENT: That for the reasons stated in the Court's Opinion and Order dated January 28, 2015, Defendants' motion to dismiss is denied as to the Consolidated Action and granted as to the Foreign Actions; the Foreign Actions are dismissed with prejudice; accordingly, the following cases: 13 Civ. 7953 and 14 Civ. 1364 are closed. (Signed by Clerk of Court Ruby Krajick on 1/30/2015) (Attachments: #1 Notice of Right to Appeal, #2 Notice of Right to Appeal)Filed In Associated Cases: 1:13-cv-07789-LGS, 1:13-cv-07953-LGS(dt)
January 29, 2015 Opinion or Order Filing 243 ORDER: It is hereby ORDERED that the parties shall appear for a scheduling conference on February 19, 2015, at 11:20 a.m. It is further ORDERED that no later than February 13, 2015, at noon, the parties shall file on ECF a joint proposed Civil Case Management Plan which (1) must include the matters on the form provided on Judge Schofield's website, a date for the completion of an e-discovery protocol, and a proposed class certification schedule, and (2) may include any of the matters in Exhibits A and B to this District's Pilot Project Regarding Case Management Techniques For Complex Civil Cases (http://www.nysd.uscourts.gov/rules/Complex_Civil_Rules_Pilot_14.11.14.pdf). Pending the approval of any settlement, all Defendants shall abide by the Court's orders. It is further ORDERED that no later than February 13, 2015, at noon, the Department of Justice shall file any statement regarding its position on discovery in this case. It is further ORDERED that Plaintiffs' application to file excess pages, dated January 27, 2015, is GRANTED. The Clerk of Court is directed to serve a copy of this order on the Department of Justice at the following addresses herein. (Signed by Judge Lorna G. Schofield on 1/29/2015) (kgo)
January 29, 2015 Opinion or Order Set/Reset Hearings: Scheduling Conference set for 2/19/2015 at 11:20 AM before Judge Lorna G. Schofield. (kgo)
January 29, 2015 Opinion or Order Mailed a copy of #243 Scheduling Order, to Chief Fraud Section, Criminal Division U.S. Department of Justice 1400 New York Ave, NW Washington, DC 20530 and on the Chief New York Office, Antitrust Division U.S. Department of Justice 26 Federal Plaza New York, NY 10278. (ca)
January 29, 2015 Opinion or Order Transmission to Docket Assistant Clerk. Transmitted re: #243 Scheduling Order, to the Docket Assistant Clerk for case processing. (kgo)
January 28, 2015 Opinion or Order Filing 544 INTERNET CITATION NOTE: Material from decision with Internet citation re: #242 Memorandum & Opinion. (Attachments: #1 internet citation, #2 internet citation) (fk)
January 28, 2015 Opinion or Order Filing 543 INTERNET CITATION NOTE: Material from decision with Internet citation re: #242 Memorandum & Opinion. (fk)
January 28, 2015 Opinion or Order Filing 242 OPINION AND ORDER re: (81 in 1:13-cv-07953-LGS) MOTION to Dismiss . filed by Citibank, N.A., JPMorgan Chase & Co, UBS AG, Credit Suisse Securities (USA) LLC, UBS Securities LLC, Barclays Bank PLC, JPMorgan Chase Bank, National Association, Deutsche Bank AG, Citigroup, Inc., Royal Bank of Scotland Group, plc, Credit Suisse Group AG, (208 in 1:13-cv-07789-LGS) MOTION to Dismiss . filed by Barclays Capital Inc., Goldman, Sachs & Co., BNP Paribas Group, HSBC Bank USA, N.A., UBS AG, Credit Suisse Securities (USA) LLC, JPMorgan Chase Bank National Association, Barclays Bank PLC, BNP Paribas North America, Deutsche Bank AG, Morgan Stanley, The Goldman Sachs Group, Inc., HSBC Bank plc, HSBC North America Holdings, Inc., Royal Bank of Scotland Group, PLC, Bank Of America Corporation, JPMorgan Chase & Co., HSBC Holdings plc, UBS Securities LLC, Bank of America, N.A., Citigroup, Inc., Citigroup, N.A., Credit Suisse Group AG. For the foregoing reasons, Defendants' motion to dismiss is DENIED as to the Consolidated Action and GRANTED as to the Foreign Actions. The Foreign Actions are DISMISSED WITH PREJUDICE. The Clerk of Court is directed to close the motions at Dkt. Nos. 208 and 209 in 13 Civ. 7789; Dkt No. 81 in 13 Civ. 7953; and Dkt. No. 49 in 14 Civ. 1364. The Clerk is further directed to close the following cases: 13 Civ. 7953 and 14 Civ. 1364. (Signed by Judge Lorna G. Schofield on 1/28/2015) Filed In Associated Cases: 1:13-cv-07789-LGS, 1:13-cv-07953-LGS(kgo)
January 28, 2015 Opinion or Order Transmission to Judgments and Orders Clerk. Transmitted re: (242 in 1:13-cv-07789-LGS, 103 in 1:13-cv-07953-LGS) Memorandum & Opinion, to the Judgments and Orders Clerk. Filed In Associated Cases: 1:13-cv-07789-LGS, 1:13-cv-07953-LGS(kgo)
January 27, 2015 Opinion or Order Filing 241 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke dated 1/27/2015 re: Request to Exceed Page Limits. Document filed by Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System, State-Boston Retirement System, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
January 16, 2015 Opinion or Order Filing 240 MOTION for Rigel Caitlin Farr to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The City of Philadelphia, Board of Pensions and Retirement.(Farr, Rigel)
January 16, 2015 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #240 MOTION for Rigel Caitlin Farr 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. (bcu)
January 6, 2015 Opinion or Order Filing 239 NOTICE OF APPEARANCE by Matthew Francis Sullivan on behalf of Barclays Bank PLC. (Sullivan, Matthew)
January 6, 2015 Opinion or Order Filing 238 NOTICE OF APPEARANCE by Kathleen Suzanne McArthur on behalf of Barclays Bank PLC. (McArthur, Kathleen)
January 6, 2015 Opinion or Order Filing 237 DECLARATION of RACHEL A. LAVERY in Support re: (99 in 1:13-cv-07953-LGS, 236 in 1:13-cv-07789-LGS) MOTION for RACHEL A. LAVERY to Withdraw as Attorney .. Document filed by UBS AG, UBS Securities LLC. Filed In Associated Cases: 1:13-cv-07789-LGS, 1:13-cv-07953-LGS(Lavery, Rachel)
January 6, 2015 Opinion or Order Filing 236 MOTION for RACHEL A. LAVERY to Withdraw as Attorney . Document filed by UBS AG, UBS Securities LLC. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:13-cv-07789-LGS, 1:13-cv-07953-LGS(Lavery, Rachel)
January 5, 2015 Opinion or Order Filing 235 NOTICE OF APPEARANCE by William Leonard on behalf of The City of Philadelphia, Board of Pensions and Retirement. (Leonard, William)
January 5, 2015 Opinion or Order Filing 234 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Rigel Caitlin Farr to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The City of Philadelphia, Board of Pensions and Retirement.(Farr, Rigel) Modified on 1/5/2015 (sdi).
January 5, 2015 Opinion or Order Filing 233 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke, Michael D. Hausfeld, and Peter E. Greene dated 1/5/2015 re: settlement agreemend between class plaintiffs and JP Morgan defendants. Document filed by Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System, State-Boston Retirement System, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
January 5, 2015 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #234 MOTION for Rigel Caitlin Farr 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): Expired Certificate of Good Standing. 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. (sdi)
January 5, 2015 Opinion or Order Pro Hac Vice Fee Paid electronically via Pay.gov: for #234 MOTION for Rigel Caitlin Farr to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00. Pay.gov receipt number 0208-10388723, paid on 12/9/2014. (sdi)
January 2, 2015 Opinion or Order Filing 232 MOTION for Qian A. Gao to Withdraw as Attorney . Document filed by Barclays Bank PLC. (Attachments: #1 Affidavit Declaration of Qian A. Gao Pursuant to Local Rule 1.4, #2 Text of Proposed Order Proposed Order Granting Motion to Withdraw as Counsel)Filed In Associated Cases: 1:13-cv-07789-LGS, 1:13-cv-07953-LGS(Gao, Qian)
December 16, 2014 Opinion or Order Filing 231 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent UBS AG, Corporate Parent UBS Americas Inc. for UBS Securities LLC, UBS Securities LLC. Document filed by UBS Securities LLC, UBS Securities LLC.Filed In Associated Cases: 1:13-cv-07789-LGS, 1:13-cv-07953-LGS(Sanders, Joel)
December 16, 2014 Opinion or Order Filing 230 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent UBS Group AG for UBS AG, UBS AG. Document filed by UBS AG.Filed In Associated Cases: 1:13-cv-07789-LGS, 1:13-cv-07953-LGS(Sanders, Joel)
December 10, 2014 Opinion or Order Filing 229 NOTICE OF CHANGE OF ADDRESS by Alan M. Wiseman on behalf of Citigroup, Inc., Citigroup, N.A.. New Address: Covington & Burling LLP, One City Center, 850 10th St., Washington, DC, U.S.A. 20001, 202-662-6000. (Wiseman, Alan)
December 9, 2014 Opinion or Order Filing 228 NOTICE OF CHANGE OF ADDRESS by Andrew D. Lazerow on behalf of Citigroup, Inc., Citigroup, N.A.. New Address: Covington & Burling LLP, One City Center, 850 10th St., Washington, DC, U.S.A. 20001, 202-662-6000. (Lazerow, Andrew)
December 2, 2014 Opinion or Order Filing 227 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 11/20/2014 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: 1:13-cv-07789-LGS et al.(McGuirk, Kelly)
December 2, 2014 Opinion or Order Filing 226 TRANSCRIPT of Proceedings re: conference held on 11/20/2014 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Jerry Harrison, (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 12/26/2014. Redacted Transcript Deadline set for 1/5/2015. Release of Transcript Restriction set for 3/5/2015.Filed In Associated Cases: 1:13-cv-07789-LGS et al.(McGuirk, Kelly)
November 26, 2014 Opinion or Order Filing 225 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke dated 11/26/2014 re: Response to defendants BNP Paribas, Credit Suisse, Goldman Sachs, and Morgan Stanley's 11/25/14 Letter. Document filed by Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System, State-Boston Retirement System, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
November 25, 2014 Opinion or Order Filing 224 LETTER addressed to Judge Lorna G. Schofield from Thomas J. Moloney, on behalf of certain defendants dated November 25, 2014 re: Addressing an argument raised for the first time by plaintiff's counsel at oral argument. etc.. Document filed by Goldman, Sachs & Co., The Goldman Sachs Group, Inc..(Moloney, Thomas)
November 20, 2014 Opinion or Order Minute Entry for proceedings held before Judge Lorna G. Schofield: Oral Argument held on 11/20/2014 re: (49 in 1:14-cv-01364-LGS) MOTION to Dismiss . filed by HSBC HOLDINGS PLC, Citigroup Inc., Citibank, N.A., HSBC Bank USA, N.A., JPMorgan Chase Bank, UBS AG, Credit Suisse Securities (USA) LLC, HSBC Holdings PLC, Deutsche Bank AG, BNP Paribas, The Goldman Sachs Group, Inc., The Royal Bank of Scotland Group PLC, JPMorgan Chase & Co., UBS Securities LLC, Barclays Bank Plc,, Credit Suisse Group AG. (Court Reporter Jerry Harrison) (jcs)
November 18, 2014 Opinion or Order Filing 223 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for J. Matthew Goodin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10324861. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by HSBC Bank USA, N.A., HSBC Bank plc, HSBC Holdings plc, HSBC North America Holdings, Inc.. (Attachments: #1 Affidavit and Certificate of Good Standing, #2 Text of Proposed Order)Filed In Associated Cases: 1:13-cv-07789-LGS et al.(Goodin, James) Modified on 11/18/2014 (sdi).
November 18, 2014 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. (86 in 1:13-cv-09080-LGS) MOTION for J. Matthew Goodin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10324861. Motion and supporting papers to be reviewed by Clerk's Office staff.. This filing cannot be spread text. The filing fee must be paid for each individual case. Only one case number can appear on the document that corresponds to the case being filed into. Filed In Associated Cases: 1:13-cv-07789-LGS et al.(sdi)
November 17, 2014 Opinion or Order Filing 222 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke dated 11/17/2014 re: Information responsive to the 11/12/2014 Order. Document filed by Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System, State-Boston Retirement System, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
November 14, 2014 Opinion or Order Filing 221 NOTICE OF APPEARANCE by Thomas Kay Boardman on behalf of Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Fresno County Employees Retirement Association, Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System, State-Boston Retirement System, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Boardman, Thomas)
November 12, 2014 Opinion or Order Filing 220 ORDER: It is hereby ORDERED that the parties in the above-captioned cases shall appear on November 20, 2014, at 2:00 p.m. for oral argument on Defendants' motion to dismiss. The parties shall also be prepared to discuss how they wish to proceed in light of recent disclosures of settlement agreements and the release of chatroom transcripts. (Oral Argument set for 11/20/2014 at 02:00 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 11/12/2014) (kgo)
October 24, 2014 Opinion or Order Filing 219 ORDER granting #218 Motion for Andrew D. Lazerow to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
October 20, 2014 Opinion or Order Filing 218 MOTION for Andrew D. Lazerow to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10222031. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Citigroup, Inc., Citigroup, N.A.. (Attachments: #1 Certificates of Good Standing, #2 Text of Proposed Order)(Lazerow, Andrew)
October 20, 2014 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #218 MOTION for Andrew D. Lazerow to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10222031. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
October 16, 2014 Opinion or Order Filing 217 LETTER addressed to Judge Lorna G. Schofield from Adam F. Hakki, Yvonne S. Quinn, David C. Esseks, Andrew A. Ruffino, David G. Januszewski, Robert Khuzami, Thomas J. Moloney, Edwin R. DeYoung, Peter E. Greene, Jonathan M. Moses, Arthur J. Burke and Joel S. Sanders dated 10/16/2014 re: Plainiffs' Status Report Letter Submitted on October 15, 2014. Document filed by BNP Paribas Group, BNP Paribas North America, Bank Of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citigroup, Inc., Citigroup, N.A., Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Goldman, Sachs & Co., HSBC Bank plc, HSBC Holdings plc, JPMorgan Chase & Co., JPMorgan Chase Bank National Association, Morgan Stanley, Royal Bank of Scotland Group, PLC, The Goldman Sachs Group, Inc., UBS AG, UBS Securities LLC.(Greene, Peter)
October 15, 2014 Opinion or Order Filing 216 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke dated 10/15/2014 re: Status update. Document filed by Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System, State-Boston Retirement System, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.(Burke, Christopher)
August 28, 2014 Opinion or Order Filing 215 JOINT LETTER MOTION for Conference re: #208 MOTION to Dismiss . Defendants request respectfully oral argument in connection with their Rule 12 motions to dismiss with prejudice the three actions identified. addressed to Judge Lorna G. Schofield from Defendants dated 8/28/14. Document filed by Deutsche Bank AG.(Serino, Joseph) Modified on 1/14/2015 (db). Modified as per Letter correspondence dated 1/9/15. Letter in public record.
August 28, 2014 Opinion or Order Filing 214 REPLY MEMORANDUM OF LAW in Support re: (81 in 1:13-cv-07953-LGS) MOTION to Dismiss ., (208 in 1:13-cv-07789-LGS) MOTION to Dismiss . . Document filed by BNP Paribas Group, BNP Paribas North America, Bank Of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citigroup, Inc., Citigroup, N.A., Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Goldman, Sachs & Co., HSBC Bank USA, N.A., HSBC Bank plc, HSBC Holdings plc, HSBC North America Holdings, Inc., JPMorgan Chase & Co., JPMorgan Chase Bank National Association, Morgan Stanley, Royal Bank of Scotland Group, PLC, The Goldman Sachs Group, Inc., UBS AG, UBS Securities LLC. Filed In Associated Cases: 1:13-cv-07789-LGS, 1:13-cv-07953-LGS(Greene, Peter)
July 29, 2014 Opinion or Order Filing 213 MEMORANDUM OF LAW in Opposition re: #208 MOTION to Dismiss . . Document filed by Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System, State-Boston Retirement System, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
June 30, 2014 Opinion or Order Filing 212 ORDER granting #206 Motion for Lee Albert to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
June 4, 2014 Opinion or Order Filing 211 ORDER finding as moot #117 Motion for Leave to File Document (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
May 30, 2014 Opinion or Order Filing 210 JOINDER to join re: #208 MOTION to Dismiss . . Document filed by HSBC Bank USA, N.A., HSBC North America Holdings, Inc..(Cowie, Roger)
May 30, 2014 Opinion or Order Filing 209 MEMORANDUM OF LAW in Support re: #208 MOTION to Dismiss . . Document filed by BNP Paribas Group, BNP Paribas North America, Bank Of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citigroup, Inc., Citigroup, N.A., Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Goldman, Sachs & Co., HSBC Bank USA, N.A., HSBC Bank plc, HSBC Holdings plc, HSBC North America Holdings, Inc., JPMorgan Chase & Co., JPMorgan Chase Bank National Association, Morgan Stanley, Royal Bank of Scotland Group, PLC, The Goldman Sachs Group, Inc., UBS AG, UBS Securities LLC. (Greene, Peter)
May 30, 2014 Opinion or Order Filing 208 MOTION to Dismiss . Document filed by BNP Paribas Group, BNP Paribas North America, Bank Of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Citigroup, Inc., Citigroup, N.A., Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Goldman, Sachs & Co., HSBC Bank USA, N.A., HSBC Bank plc, HSBC Holdings plc, HSBC North America Holdings, Inc., JPMorgan Chase & Co., JPMorgan Chase Bank National Association, Morgan Stanley, Royal Bank of Scotland Group, PLC, The Goldman Sachs Group, Inc., UBS AG, UBS Securities LLC.(Greene, Peter)
May 30, 2014 Opinion or Order Filing 207 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by BNP Paribas Group, BNP Paribas North America.(Esseks, David)
May 20, 2014 Opinion or Order Filing 206 MOTION for Lee Albert to Appear Pro Hac Vice Corrected Motion to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System. (Attachments: #1 Proposed Order)(Linkh, Gregory)
May 20, 2014 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #206 MOTION for Lee Albert to Appear Pro Hac Vice Corrected Motion 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)
May 20, 2014 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #205 MOTION for Lee Albert to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9689926. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Proposed Order. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a Proposed Order. (sdi)
May 19, 2014 Opinion or Order Filing 205 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Lee Albert to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9689926. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System. (Attachments: #1 Certificate of Good Standing, #2 Certificate of Service)(Linkh, Gregory) Modified on 5/20/2014 (sdi).
May 2, 2014 Opinion or Order Filing 204 ORDER granting #175 , #176 , #177 , #178 , #192 , #193 , #196 , & #203 Motions to Appear Pro Hac Vice. Application Granted as to Aaron M. Zigler, Robert L. King, Nathaniel C. Giddings, Timothy S. Kearns, George S. Cary, Leah Brannon, Solomon B. Cera, and Sylvia M. Sokol. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
April 30, 2014 Opinion or Order Filing 203 MOTION for Sylvia M. Sokol to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9620394. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Sokol, Sylvia)
April 30, 2014 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #203 MOTION for Sylvia M. Sokol to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9620394. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
April 23, 2014 Opinion or Order Filing 202 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Bank Of America Corporation, Other Affiliate BANA Holding Corporation, Other Affiliate BAC North America Holding Company, Other Affiliate NB Holdings Corporation for Bank of America, N.A.. Document filed by Bank Of America Corporation, Bank of America, N.A..(Hakki, Adam)
April 23, 2014 Opinion or Order Filing 201 NOTICE OF APPEARANCE by Jeffrey Jason Resetarits on behalf of Bank Of America Corporation, Bank of America, N.A.. (Resetarits, Jeffrey)
April 23, 2014 Opinion or Order Filing 200 NOTICE OF APPEARANCE by Richard Franklin Schwed on behalf of Bank Of America Corporation, Bank of America, N.A.. (Schwed, Richard)
April 23, 2014 Opinion or Order Filing 199 NOTICE OF APPEARANCE by Adam Selim Hakki on behalf of Bank Of America Corporation, Bank of America, N.A.. (Hakki, Adam)
April 18, 2014 Opinion or Order Filing 198 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Bank of America, N.A. served on 4/7/2014, answer due 4/28/2014. Service was accepted by Ashley Noble, Person Authorized to Accept Service. Document filed by Tiberius OC Fund, Ltd.; Haverhill Retirement System; Employees' Retirement System of the Government of the Virgin Islands; Aureus Currency Fund, L.P.; Fresno County Employees Retirement Association; Oklahoma Firefighters Pension and Retirement System; Value Recovery Fund LLC; United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund; Syena Global Emerging Markets Fund, LP; State-Boston Retirement System; The City of Philadelphia, Board of Pensions and Retirement; Employees' Retirement System of Puerto Rico Electric Power Authority. (Burke, Christopher)
April 18, 2014 Opinion or Order Filing 197 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Bank Of America Corporation served on 4/7/2014, answer due 4/28/2014. Service was accepted by Ashley Noble, Person Authorized to Accept Service. Document filed by Tiberius OC Fund, Ltd.; Haverhill Retirement System; Employees' Retirement System of the Government of the Virgin Islands; Aureus Currency Fund, L.P.; Fresno County Employees Retirement Association; Oklahoma Firefighters Pension and Retirement System; Value Recovery Fund LLC; United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund; Syena Global Emerging Markets Fund, LP; State-Boston Retirement System; The City of Philadelphia, Board of Pensions and Retirement; Employees' Retirement System of Puerto Rico Electric Power Authority. (Burke, Christopher)
April 14, 2014 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #196 MOTION for Solomon B. Cera to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9560971. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
April 11, 2014 Opinion or Order Filing 196 MOTION for Solomon B. Cera to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9560971. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Aureus Currency Fund, L.P.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)(Cera, Solomon)
April 8, 2014 Opinion or Order Filing 195 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke dated April 8, 2014 re: Joint Pre-trial Conference Letter. Document filed by Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System, State-Boston Retirement System, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC.Filed In Associated Cases: 1:13-cv-07789-LGS, 1:13-cv-07953-LGS(Burke, Christopher)
April 8, 2014 Opinion or Order Filing 194 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Employees' Retirement System of Puerto Rico Electric Power Authority.(Qian, Fei-Lu)
April 8, 2014 Opinion or Order Filing 193 MOTION for Leah Brannon to Appear Pro Hac Vice , dated April 8, 2014. Filing fee $ 200.00, receipt number 0208-9545375. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Goldman, Sachs & Co., The Goldman Sachs Group, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Brannon, Leah)
April 8, 2014 Opinion or Order Filing 192 MOTION for George S. Cary to Appear Pro Hac Vice , dated April 8, 2014. Filing fee $ 200.00, receipt number 0208-9545305. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Goldman, Sachs & Co., The Goldman Sachs Group, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Cary, George)
April 8, 2014 Opinion or Order Filing 191 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Syena Capital Management LLC for Syena Global Emerging Markets Fund, LP. Document filed by Syena Global Emerging Markets Fund, LP.(Nussbaum, Linda)
April 8, 2014 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #193 MOTION for Leah Brannon to Appear Pro Hac Vice , dated April 8, 2014. Filing fee $ 200.00, receipt number 0208-9545375. Motion and supporting papers to be reviewed by Clerk's Office staff., #192 MOTION for George S. Cary to Appear Pro Hac Vice , dated April 8, 2014. Filing fee $ 200.00, receipt number 0208-9545305. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
April 4, 2014 Opinion or Order Filing 190 NOTICE OF APPEARANCE by Peter Anthony Barile, III on behalf of Syena Global Emerging Markets Fund, LP. (Barile, Peter)
April 4, 2014 Opinion or Order Filing 189 NOTICE OF APPEARANCE by Linda P. Nussbaum on behalf of Syena Global Emerging Markets Fund, LP. (Nussbaum, Linda)
April 4, 2014 Opinion or Order Filing 188 NOTICE OF APPEARANCE by Fei-Lu Qian on behalf of Employees' Retirement System of Puerto Rico Electric Power Authority. (Qian, Fei-Lu)
April 4, 2014 Opinion or Order Filing 187 NOTICE OF APPEARANCE by Patricia I. Avery on behalf of Employees' Retirement System of Puerto Rico Electric Power Authority. (Avery, Patricia)
April 4, 2014 Opinion or Order Filing 186 NOTICE OF APPEARANCE by Patricia I. Avery on behalf of Employees' Retirement System of Puerto Rico Electric Power Authority. (Avery, Patricia)
April 4, 2014 Opinion or Order Filing 185 NOTICE OF APPEARANCE by Marian Rosner on behalf of Employees' Retirement System of Puerto Rico Electric Power Authority. (Rosner, Marian)
April 3, 2014 Opinion or Order Filing 184 NOTICE OF APPEARANCE by Elizabeth Vicens on behalf of Goldman, Sachs & Co., The Goldman Sachs Group, Inc.. (Vicens, Elizabeth)
April 3, 2014 Opinion or Order Filing 183 NOTICE OF APPEARANCE by Victor L. Hou on behalf of Goldman, Sachs & Co., The Goldman Sachs Group, Inc.. (Hou, Victor)
April 3, 2014 Opinion or Order Filing 182 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Goldman, Sachs & Co for The Goldman Sachs Group, Inc.. Document filed by Goldman, Sachs & Co., The Goldman Sachs Group, Inc..(Moloney, Thomas)
April 3, 2014 Opinion or Order Filing 181 NOTICE OF APPEARANCE by Thomas J. Moloney on behalf of Goldman, Sachs & Co., The Goldman Sachs Group, Inc.. (Moloney, Thomas)
April 3, 2014 Opinion or Order Filing 180 SCHEDULING ORDER: 1. Defendants' time to respond to the Amended Complaints is extended to 60 days after the filing of the Amended Complaints. 2. Plaintiffs shall have 60 days from the filing of Defendants' motions to dismiss each of the Amended Complaints to file their briefs in opposition to Defendants' motions to dismiss. 3. Defendants shall have 30 days to file their reply briefs in support of their motions to dismiss each of the Amended Complaints after Plaintiffs' filing of their opposition to Defendants' motions to dismiss. (Signed by Judge Lorna G. Schofield on 4/3/2014) (ajs)
April 3, 2014 Opinion or Order Filing 179 ELECTRONIC SUMMONS ISSUED as to Bank Of America Corporation, Bank of America, N.A.. (cde)
April 2, 2014 Opinion or Order Filing 178 MOTION for Timothy S. Kearns to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9522985. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System. (Attachments: #1 Exhibit Certificate of Good Standing Washington D.C., #2 Exhibit Certificate of Good Standing Delaware, #3 Text of Proposed Order)(Gambhir, Reena)
April 2, 2014 Opinion or Order Filing 177 MOTION for Nathaniel C. Giddings to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9522854. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System. (Attachments: #1 Exhibit Certificate of Good Standing Washington D.C., #2 Exhibit Certificate of Good Standing Illinois, #3 Text of Proposed Order)(Gambhir, Reena)
April 2, 2014 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #178 MOTION for Timothy S. Kearns to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9522985. Motion and supporting papers to be reviewed by Clerk's Office staff., #177 MOTION for Nathaniel C. Giddings to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9522854. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
April 2, 2014 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #176 MOTION for Robert L. King to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9521421. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
April 1, 2014 Opinion or Order Filing 176 MOTION for Robert L. King to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9521421. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System. (Attachments: #1 Exhibit Certificates of Good Standing, #2 Text of Proposed Order Proposed Order)(King, Robert)
April 1, 2014 Opinion or Order Filing 175 MOTION for Aaron M. Zigler to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9520246. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System. (Attachments: #1 Exhibit Certificates of Good Standing, #2 Text of Proposed Order Proposed Order)(Zigler, Aaron)
April 1, 2014 Opinion or Order Filing 174 NOTICE OF APPEARANCE by Michael Benjamin Eisenkraft on behalf of Aureus Currency Fund, L.P.. (Eisenkraft, Michael)
April 1, 2014 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Christopher Burke RE: Document No. #173 Request for Issuance of Summons,,. Parties that summons is being requested for were not listed in Amended Complaint docket entry. Add parties into Amended Complaint docket entry. (cla)
April 1, 2014 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT AMENDED COMPLAINT. Notice to Attorney Christopher Burke RE: Document No. #172 Amended Complaint,,,,. The filing is deficient for the following reason(s): Additional parties not added Select the Add Party for Pleading event found under the event category Complaints and Other Initiating Documents. (cla)
April 1, 2014 Opinion or Order ADD PARTY FOR PLEADING. Party Bank Of America Corporation, Bank of America, N.A. added.Party added pursuant to #172 Amended Complaint,,,,. Document filed by Tiberius OC Fund, Ltd., Haverhill Retirement System, Employees' Retirement System of the Government of the Virgin Islands, Aureus Currency Fund, L.P., Fresno County Employees Retirement Association, Oklahoma Firefighters Pension and Retirement System, Value Recovery Fund LLC, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Syena Global Emerging Markets Fund, LP, State-Boston Retirement System, The City of Philadelphia, Board of Pensions and Retirement, Employees' Retirement System of Puerto Rico Electric Power Authority. Related document: #172 Amended Complaint,,,, filed by Syena Global Emerging Markets Fund, LP, Aureus Currency Fund, L.P., Oklahoma Firefighters Pension and Retirement System, Fresno County Employees Retirement Association, Tiberius OC Fund, Ltd., State-Boston Retirement System, Employees' Retirement System of the Government of the Virgin Islands, Haverhill Retirement System, Employees' Retirement System of Puerto Rico Electric Power Authority, The City of Philadelphia, Board of Pensions and Retirement.(Burke, Christopher)
April 1, 2014 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #175 MOTION for Aaron M. Zigler to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9520246. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
March 31, 2014 Opinion or Order Filing 173 REQUEST FOR ISSUANCE OF SUMMONS as to Bank of America Corporation, Bank of America, N.A.. Document filed by Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System, State-Boston Retirement System, Syena Global Emerging Markets Fund, LP, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund, Value Recovery Fund LLC. (Burke, Christopher)
March 31, 2014 Opinion or Order Filing 172 AMENDED COMPLAINT amending #1 Complaint, against BNP Paribas Group, BNP Paribas North America, Barclays Bank PLC, Citigroup, Inc., Citigroup, N.A., Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, HSBC Bank USA, N.A., HSBC Bank plc, HSBC Holdings plc, HSBC North America Holdings, Inc., JPMorgan Chase & Co., JPMorgan Chase Bank National Association, Royal Bank of Scotland Group, PLC, UBS AG, UBS Securities LLC, Barclays Capital Inc., The Goldman Sachs Group, Inc., Goldman, Sachs & Co., Morgan Stanley, RBS Securities, Inc. with JURY DEMAND.Document filed by Haverhill Retirement System, Employees' Retirement System of the Government of the Virgin Islands, Fresno County Employees Retirement Association, Oklahoma Firefighters Pension and Retirement System, State-Boston Retirement System, The City of Philadelphia, Board of Pensions and Retirement, Tiberius OC Fund, Ltd., Aureus Currency Fund, L.P., Employees' Retirement System of Puerto Rico Electric Power Authority, Syena Global Emerging Markets Fund, LP. Related document: #1 Complaint, filed by Haverhill Retirement System.(Burke, Christopher)
March 28, 2014 Opinion or Order Filing 171 ORDER granting #163 Motion for Richard Milton Elias to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
March 28, 2014 Opinion or Order Filing 170 ORDER granting #151 Motion for Jessica Moy to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
March 28, 2014 Opinion or Order Filing 169 ORDER granting #150 Motion for Sarah Khorasanee McGrath to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
March 28, 2014 Opinion or Order Filing 168 ORDER granting #154 Motion for MELANIE L. KATSUR to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
March 28, 2014 Opinion or Order Filing 167 ORDER granting #149 Motion for Todd A. Seaver to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
March 28, 2014 Opinion or Order Filing 166 ORDER granting #148 Motion for Reena Gambhir to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
March 28, 2014 Opinion or Order Filing 165 ORDER granting #136 Motion for Molly Anne Kelley to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
March 28, 2014 Opinion or Order Filing 164 ORDER granting #134 Motion for John Francis Terzaken, III to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
March 28, 2014 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #163 MOTION for Richard Milton Elias to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9504981. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
March 27, 2014 Opinion or Order Filing 163 MOTION for Richard Milton Elias to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9504981. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order Proposed Order)(Elias, Richard)
March 14, 2014 Opinion or Order Filing 162 AFFIDAVIT OF SERVICE. UBS Securities LLC served on 2/6/2014, answer due 5/5/2014. Service was accepted by Dawn Kirland, Person Authorized to Accept Service. Document filed by Oklahoma Firefighters Pension and Retirement System. Filed In Associated Cases: 1:13-cv-07789-LGS, 1:13-cv-09080-LGS(Broggi, Donald)
March 14, 2014 Opinion or Order Filing 161 AFFIDAVIT OF SERVICE. Credit Suisse Securities (USA) LLC served on 2/7/2014, answer due 2/28/2014. Service was accepted by Ridhi Berry, Person Authorized to Accept Service. Document filed by Oklahoma Firefighters Pension and Retirement System. Filed In Associated Cases: 1:13-cv-07789-LGS, 1:13-cv-09080-LGS(Broggi, Donald)
March 14, 2014 Opinion or Order Filing 160 AFFIDAVIT OF SERVICE. JPMorgan Chase & Co. served on 2/7/2014, answer due 2/28/2014. Service was accepted by Margaret Boyd, Legal Specialist III. Document filed by Oklahoma Firefighters Pension and Retirement System. Filed In Associated Cases: 1:13-cv-07789-LGS, 1:13-cv-09080-LGS(Broggi, Donald)
March 14, 2014 Opinion or Order Filing 159 AFFIDAVIT OF SERVICE. UBS AG served on 2/7/2014, answer due 6/4/2014. Service was accepted by Annie Schmidt, Paralegal. Document filed by Oklahoma Firefighters Pension and Retirement System. Filed In Associated Cases: 1:13-cv-07789-LGS, 1:13-cv-09080-LGS(Broggi, Donald)
March 14, 2014 Opinion or Order Filing 158 AFFIDAVIT OF SERVICE. JPMorgan Chase Bank National Association served on 2/7/2014, answer due 5/9/2014. Service was accepted by Margaret Boyd, Legal Specialist III. Document filed by Oklahoma Firefighters Pension and Retirement System. Filed In Associated Cases: 1:13-cv-07789-LGS, 1:13-cv-09080-LGS(Broggi, Donald)
March 14, 2014 Opinion or Order Filing 157 WAIVER OF SERVICE RETURNED EXECUTED. JPMorgan Chase Bank National Association waiver sent on 3/10/2014, answer due 5/9/2014. Document filed by City of Providence, Rhode Island. Filed In Associated Cases: 1:13-cv-07789-LGS, 1:14-cv-00787-LGS(Ioannou, John)
March 14, 2014 Opinion or Order Filing 156 WAIVER OF SERVICE RETURNED EXECUTED. UBS Securities LLC waiver sent on 3/6/2014, answer due 5/5/2014. Document filed by City of Providence, Rhode Island. Filed In Associated Cases: 1:13-cv-07789-LGS, 1:14-cv-00787-LGS(Ioannou, John)
March 14, 2014 Opinion or Order Filing 155 WAIVER OF SERVICE RETURNED EXECUTED. UBS AG waiver sent on 3/6/2014, answer due 6/4/2014. Document filed by City of Providence, Rhode Island. (Ioannou, John)
March 11, 2014 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #154 MOTION for MELANIE L. KATSUR to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9438903. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
March 10, 2014 Opinion or Order Filing 154 MOTION for MELANIE L. KATSUR to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9438903. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by UBS AG, UBS Securities LLC. (Attachments: #1 Exhibit A - Certificates of Good Standing, #2 Text of Proposed Order)(Katsur, Melanie)
March 10, 2014 Opinion or Order Filing 153 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION proceeding held on 3/3/14 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...(Rodriguez, Somari)
March 10, 2014 Opinion or Order Filing 152 TRANSCRIPT of Proceedings re: MOTION held on 3/3/2014 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Vincent Bologna, (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 4/3/2014. Redacted Transcript Deadline set for 4/14/2014. Release of Transcript Restriction set for 6/12/2014.(Rodriguez, Somari)
March 7, 2014 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #149 AMENDED MOTION for Todd A. Seaver to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff., #150 AMENDED MOTION for Sarah Khorasanee McGrath to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff., #151 AMENDED MOTION for Jessica Moy 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. (wb)
March 6, 2014 Opinion or Order Filing 151 AMENDED MOTION for Jessica Moy to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fresno County Employees Retirement Association. (Attachments: #1 Text of Proposed Order, #2 Good Standing Cert)(Moy, Jessica)
March 6, 2014 Opinion or Order Filing 150 AMENDED MOTION for Sarah Khorasanee McGrath to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fresno County Employees Retirement Association. (Attachments: #1 Text of Proposed Order, #2 Good Standing Cert)(Khorasanee McGrath, Sarah)
March 6, 2014 Opinion or Order Filing 149 AMENDED MOTION for Todd A. Seaver to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fresno County Employees Retirement Association. (Attachments: #1 Text of Proposed Order, #2 Good Standing Cert)(Seaver, Todd)
March 6, 2014 Opinion or Order Filing 148 MOTION for Reena Gambhir to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9426067. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System. Return Date set for 3/6/2014 at 01:00 PM. (Attachments: #1 Text of Proposed Order, #2 Exhibit A, #3 Exhibit B)(Gambhir, Reena)
March 6, 2014 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #148 MOTION for Reena Gambhir to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9426067. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
March 5, 2014 Opinion or Order Filing 147 NOTICE OF APPEARANCE by Robert N Cappucci on behalf of Augustus International Master Fund, L.P., Value Recovery Fund LLC. (Cappucci, Robert)
March 5, 2014 Opinion or Order Filing 146 NOTICE OF APPEARANCE by Vincent Roger Cappucci on behalf of Augustus International Master Fund, L.P., Value Recovery Fund LLC. (Cappucci, Vincent)
March 4, 2014 Opinion or Order Filing 145 ORDER denying #115 Motion for Reconsideration. WHEREAS, on March 3, 2014, the Court held a case management conference in this action. For the reasons stated at the conference, it is hereby ORDERED that Plaintiff City of Philadelphia, Board of Pensions and Retirement's Motion for Reconsideration (Dkt. No. 115) and Motion for Leave to File Declaration (Dkt. No. 117) are DENIED; ORDERED that discovery in this action is STAYED pending the resolution of the anticipated motion to dismiss; and ORDERED that Scott+Scott's application for Hausfeld LLP to serve as its co-lead counsel is GRANTED. (Signed by Judge Lorna G. Schofield on 3/4/2014) (mro)
March 3, 2014 Opinion or Order Minute Entry for proceedings held before Judge Lorna G. Schofield: Initial Pretrial Conference held on 3/3/2014. (See Order) (Court Reporter Vincent Bolgna) (jcs)
March 1, 2014 Opinion or Order Filing 144 MEMORANDUM OF LAW in Opposition re: #115 MOTION for Reconsideration of the Court's February 19, 2014 Order.. Document filed by Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System. (Burke, Christopher)
March 1, 2014 Opinion or Order Filing 143 MEMORANDUM OF LAW in Opposition re: (115 in 1:13-cv-07789-LGS) MOTION for Reconsideration of the Court's February 19, 2014 Order.. Document filed by United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:13-cv-07789-LGS et al.(Briganti, Vincent)
March 1, 2014 Opinion or Order Filing 142 RESPONSE to Motion re: #115 MOTION for Reconsideration of the Court's February 19, 2014 Order.. Document filed by Fresno County Employees Retirement Association. (Tabacco, Joseph)
March 1, 2014 Opinion or Order Filing 141 RESPONSE to Motion re: #115 MOTION for Reconsideration of the Court's February 19, 2014 Order.. Document filed by State-Boston Retirement System, Newport News Employees' Retirement Fund. (Asciolla, Gregory)
February 28, 2014 Opinion or Order Filing 140 RESPONSE to Motion re: (115 in 1:13-cv-07789-LGS) MOTION for Reconsideration of the Court's February 19, 2014 Order.. Document filed by City of Providence, Rhode Island. Filed In Associated Cases: 1:13-cv-07789-LGS, 1:14-cv-00787-LGS(Buchman, Michael)
February 28, 2014 Opinion or Order Filing 139 LETTER addressed to Judge Lorna G. Schofield from Daniel A. Braun dated 02/28/14 re: Discovery. Document filed by U.S. Department of Justice.(Syme, Carrie)
February 28, 2014 Opinion or Order Filing 138 NOTICE OF APPEARANCE by Edwin R Deyoung on behalf of HSBC Bank USA, N.A., HSBC Bank plc, HSBC Holdings plc, HSBC North America Holdings, Inc.. (Deyoung, Edwin)
February 28, 2014 Opinion or Order Filing 137 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent HSBC Holdings plc for HSBC Bank USA, N.A., HSBC Bank plc, HSBC North America Holdings, Inc.. Document filed by HSBC Bank USA, N.A., HSBC Bank plc, HSBC Holdings plc, HSBC North America Holdings, Inc..(Casamento, Gregory)
February 28, 2014 Opinion or Order Filing 136 MOTION for Molly Anne Kelley to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9405411. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by BNP Paribas Group, BNP Paribas North America. (Attachments: #1 DC Certificate of Good Standing, #2 Ill. Certificate of Good Standing, #3 Text of Proposed Order)(Kelley, Molly)
February 28, 2014 Opinion or Order Filing 135 NOTICE OF APPEARANCE by Gregory Thomas Casamento on behalf of HSBC Bank USA, N.A., HSBC Bank plc, HSBC Holdings plc, HSBC North America Holdings, Inc.. (Casamento, Gregory)
February 28, 2014 Opinion or Order Filing 134 MOTION for John Francis Terzaken, III to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9405232. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by BNP Paribas North America, BNP Paribas Group. (Attachments: #1 DC Certificate of Good Standing, #2 VA Certificate of Good Standing, #3 Text of Proposed Order)(Terzaken, John)
February 28, 2014 Opinion or Order Filing 133 LETTER addressed to Judge Lorna G. Schofield from William J. Leonard dated February 28, 2014 re: Selection of Hausfeld LLP as Co-Lead. Document filed by The City of Philadelphia, Board of Pensions and Retirement.(Leonard, William)
February 28, 2014 Opinion or Order Filing 132 ORDER granting #95 , #97 , #102 , #108 , #123 , #124 , #125 , & #126 Michael D. Hausfeld, Roger Brian Cowie, Hilary Kathleen Scherrer, Christopher L. Lebsock, William J. Leonard, Joshua D. Snyder, Michael J. Boni, & John E. Sindoni Motions to Appear Pro Hac Vice: (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
February 28, 2014 Opinion or Order Filing 131 NOTICE OF APPEARANCE by Gerald Lawrence on behalf of United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund. (Lawrence, Gerald)
February 28, 2014 Opinion or Order Filing 130 NOTICE OF APPEARANCE by Raymond Peter Girnys on behalf of United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund. (Girnys, Raymond)
February 28, 2014 Opinion or Order Filing 129 NOTICE OF APPEARANCE by Vincent Briganti on behalf of United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund. (Briganti, Vincent)
February 28, 2014 Opinion or Order Filing 128 NOTICE OF APPEARANCE by Peter Dexter St. Philip, Jr on behalf of United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund. (St. Philip, Peter)
February 28, 2014 Opinion or Order Filing 127 NOTICE OF APPEARANCE by Geoffrey Milbank Horn on behalf of United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund. (Horn, Geoffrey)
February 28, 2014 Opinion or Order Filing 126 MOTION for John E. Sindoni to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9402540. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The City of Philadelphia, Board of Pensions and Retirement. (Attachments: #1 Exhibit Certificate of Good Standing-Pennsylvania, #2 Exhibit Certificate of Good Standing-New Jersey, #3 Text of Proposed Order)(Sindoni, John)
February 28, 2014 Opinion or Order Filing 125 MOTION for Michael J. Boni to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9402467. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The City of Philadelphia, Board of Pensions and Retirement. (Attachments: #1 Exhibit Certificate of Good Standing-Pennsylvania, #2 Text of Proposed Order)(Boni, Michael)
February 28, 2014 Opinion or Order Filing 124 MOTION for Joshua D. Snyder to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9402372. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The City of Philadelphia, Board of Pensions and Retirement. (Attachments: #1 Exhibit Certificate of Good Standing-Pennsylvania, #2 Exhibit Certificate of Good Standing-New Jersey, #3 Text of Proposed Order)(Snyder, Joshua)
February 28, 2014 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #122 MOTION for Jessica Moy to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9401491. Motion and supporting papers to be reviewed by Clerk's Office staff., #121 MOTION for Sarah Khorasanee McGrath to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9401475. Motion and supporting papers to be reviewed by Clerk's Office staff., #120 MOTION for Todd A. Seaver to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9401404. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Certificate of Good Standing. Certificate of Good Standing must be issued from the Supreme Court of 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)
February 28, 2014 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #123 MOTION for William J. Leonard to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9401701. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
February 28, 2014 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #126 MOTION for John E. Sindoni to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9402540. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
February 28, 2014 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #124 MOTION for Joshua D. Snyder to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9402372. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
February 28, 2014 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #136 MOTION for Molly Anne Kelley to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9405411. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
February 28, 2014 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #134 MOTION for John Francis Terzaken, III to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9405232. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
February 27, 2014 Opinion or Order Filing 123 MOTION for William J. Leonard to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9401701. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The City of Philadelphia, Board of Pensions and Retirement. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order)(Baglanzis, Angela)
February 27, 2014 Opinion or Order Filing 122 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jessica Moy to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9401491. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fresno County Employees Retirement Association. (Attachments: #1 Text of Proposed Order, #2 Good Standing Certificate)(Moy, Jessica) Modified on 2/28/2014 (bcu).
February 27, 2014 Opinion or Order Filing 121 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Sarah Khorasanee McGrath to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9401475. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fresno County Employees Retirement Association. (Attachments: #1 Text of Proposed Order, #2 Good Standing Certificate)(Khorasanee McGrath, Sarah) Modified on 2/28/2014 (bcu).
February 27, 2014 Opinion or Order Filing 120 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Todd A. Seaver to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9401404. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fresno County Employees Retirement Association. (Attachments: #1 Text of Proposed Order, #2 CA Good Standing Cert, #3 NH Good Standing Cert, #4 MA Good Standing Cert)(Seaver, Todd) Modified on 2/28/2014 (bcu).
February 27, 2014 Opinion or Order Filing 119 SCHEDULING ORDER: WHEREAS a Motion for Reconsideration of the Courts February 19, 2014 Order (Dkt. No. 110) was filed on February 26, 2014. It is hereby, ORDERED that notwithstanding the Courts Individual Rule III.B.5, any opposition to the Motion for Reconsideration of the Courts February 19, 2014 Order shall be filed by 5:00 p.m. on March 1, 2014. (Signed by Judge Lorna G. Schofield on 02/27/2014) (jcs)
February 27, 2014 Opinion or Order Filing 118 MEMORANDUM OF LAW in Support re: #117 MOTION for Leave to File Declaration in Support of Motion for Reconsideration of the Court's February 19, 2014 Order.. Document filed by The City of Philadelphia, Board of Pensions and Retirement. (Attachments: #1 Affidavit Exhibit A - Declaration of Jo Rosenberger Altman)(Baglanzis, Angela)
February 27, 2014 Opinion or Order Filing 117 MOTION for Leave to File Declaration in Support of Motion for Reconsideration of the Court's February 19, 2014 Order. Document filed by The City of Philadelphia, Board of Pensions and Retirement.(Baglanzis, Angela)
February 27, 2014 Opinion or Order Filing 116 MEMORANDUM OF LAW in Support re: #115 MOTION for Reconsideration of the Court's February 19, 2014 Order.. Document filed by The City of Philadelphia, Board of Pensions and Retirement. (Baglanzis, Angela)
February 27, 2014 Opinion or Order Filing 115 MOTION for Reconsideration of the Court's February 19, 2014 Order. Document filed by The City of Philadelphia, Board of Pensions and Retirement.(Baglanzis, Angela)
February 27, 2014 Opinion or Order Filing 114 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke dated 2/27/2014 re: Case management. Document filed by Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System.(Burke, Christopher)
February 27, 2014 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #108 AMENDED MOTION for Christopher L. Lebsock 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. (wb)
February 26, 2014 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Angela L. Baglanzis to RE-FILE Document #109 Notice (Other), Notice (Other). Use the event type Reconsideration found under the event list Motions. (ldi)
February 26, 2014 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Angela L. Baglanzis to RE-FILE Document #110 MOTION for Reconsideration of the Court's February 19, 2014 Order. Use the event type Memorandum of Law in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (ldi)
February 26, 2014 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Angela L. Baglanzis to RE-FILE Document #111 Notice (Other), Notice (Other). Use the event type Leave to File Document found under the event list Motions. (ldi)
February 26, 2014 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Angela L. Baglanzis to RE-FILE Document #112 MOTION for Leave to File Declaration in Support of Motion for Reconsideration of the Court's February 19, 2014 Order. Use the event type Memorandum of Law in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (ldi)
February 26, 2014 Opinion or Order Filing 113 LETTER addressed to Judge Lorna G. Schofield from William J. Leonard dated February 26, 2014 re: Oral Argument on the City of Philadelphia's Motion for Reconsideration. Document filed by The City of Philadelphia, Board of Pensions and Retirement.(Baglanzis, Angela)
February 26, 2014 Opinion or Order Filing 112 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Leave to File Declaration in Support of Motion for Reconsideration of the Court's February 19, 2014 Order. Document filed by The City of Philadelphia, Board of Pensions and Retirement. (Attachments: #1 Exhibit A)(Baglanzis, Angela) Modified on 2/27/2014 (ldi).
February 26, 2014 Opinion or Order Filing 111 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of Motion for Leave to Submit a Declaration in Support of Motion for Reconsideration of the Court's February 19, 2014 Order. Document filed by The City of Philadelphia, Board of Pensions and Retirement. (Baglanzis, Angela) Modified on 2/27/2014 (ldi).
February 26, 2014 Opinion or Order Filing 110 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Reconsideration of the Court's February 19, 2014 Order. Document filed by The City of Philadelphia, Board of Pensions and Retirement.(Baglanzis, Angela) Modified on 2/27/2014 (ldi).
February 26, 2014 Opinion or Order Filing 109 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of Motion for Reconsideration of the Court's February 19, 2014 Order. Document filed by The City of Philadelphia, Board of Pensions and Retirement. (Baglanzis, Angela) Modified on 2/27/2014 (ldi).
February 26, 2014 Opinion or Order Filing 108 AMENDED MOTION for Christopher L. Lebsock to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Proposed Order)(Lebsock, Christopher)
February 26, 2014 Opinion or Order Filing 107 NOTICE OF APPEARANCE by Michael D. Hausfeld on behalf of Haverhill Retirement System. (Hausfeld, Michael)
February 26, 2014 Opinion or Order Filing 106 NOTICE OF APPEARANCE by William P. Butterfield on behalf of Haverhill Retirement System. (Butterfield, William)
February 25, 2014 Opinion or Order Filing 105 SCHEDULING ORDER: WHEREAS a status conference is scheduled to be held before the Court on March 3, 2014. It is hereby, ORDERED that any counsel that does not anticipate speaking at the conference may participate by phone. Counsel shall make arrangements to jointly call Chambers at (212) 805-0288 once all parties are on the line. (Signed by Judge Lorna G. Schofield on 2/25/2014) (ft)
February 25, 2014 Opinion or Order Filing 104 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 2/13/14 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...(Rodriguez, Somari)
February 25, 2014 Opinion or Order Filing 103 TRANSCRIPT of Proceedings re: ARGUMENT held on 2/13/2014 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/21/2014. Redacted Transcript Deadline set for 3/31/2014. Release of Transcript Restriction set for 5/30/2014.(Rodriguez, Somari)
February 25, 2014 Opinion or Order Filing 102 MOTION for Hilary Kathleen Scherrer to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System. (Attachments: #1 Text of Proposed Order Order for Admission Pro Hac Vice, #2 Exhibit A, #3 Exhibit B)(Ratway, Hilary)
February 25, 2014 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #102 MOTION for Hilary Kathleen Scherrer 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. (wb)
February 24, 2014 Opinion or Order Filing 101 NOTICE OF APPEARANCE by Daniel Lawrence Brockett on behalf of The City of Philadelphia, Board of Pensions and Retirement. (Brockett, Daniel)
February 24, 2014 Opinion or Order Filing 100 NOTICE OF APPEARANCE by Steig Olson on behalf of The City of Philadelphia, Board of Pensions and Retirement. (Olson, Steig)
February 24, 2014 Opinion or Order Filing 99 JOINT LETTER addressed to Judge Lorna G. Schofield from Patrick Fitzgerald and Christopher M. Burke dated 2/24/2014 re: Pre-Conference Letter. Document filed by Augustus International Master Fund, L.P., Barclays Bank PLC, Citibank Korea, Inc, Citibank, N.A., Citigroup, Inc., City of Haverhill Retirement System, Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Employees' Retirement System of the Government of the Virgin Islands, JPMorgan Chase & Co, JPMorgan Chase Bank, National Association, Oklahoma Firefighters Pension and Retirement System, Royal Bank of Scotland Group, plc, Simmtech Co., Ltd., UBS AG, UBS Securities LLC, Value Recovery Fund LLC, Citigroup, N.A., Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Fresno County Employees Retirement Association, HSBC Bank USA, N.A., HSBC Bank plc, HSBC Holdings plc, HSBC North America Holdings, Inc., Haverhill Retirement System, JPMorgan Chase & Co., JPMorgan Chase Bank National Association, State-Boston Retirement System, The City of Philadelphia, Board of Pensions and Retirement, UBS Securities LLC.Filed In Associated Cases: 1:13-cv-07789-LGS, 1:13-cv-07953-LGS(Fitzgerald, Patrick)
February 24, 2014 Opinion or Order Filing 98 NOTICE OF APPEARANCE by Angela L. Baglanzis on behalf of The City of Philadelphia, Board of Pensions and Retirement. (Baglanzis, Angela)
February 20, 2014 Opinion or Order Filing 97 MOTION for Roger Brian Cowie to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9373804. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by HSBC Holdings plc, HSBC Bank plc, HSBC North America Holdings, Inc., HSBC Bank USA, N.A.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)(Cowie, Roger)
February 20, 2014 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #97 MOTION for Roger Brian Cowie to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9373804. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
February 14, 2014 Opinion or Order Filing 95 MOTION for Michael D. Hausfeld to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9357360. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System. (Attachments: #1 Exhibit Certificate of Good Standing New York, #2 Exhibit Certificate of Good Standing Washington DC, #3 Text of Proposed Order)(Hausfeld, Michael)
February 14, 2014 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #95 MOTION for Michael D. Hausfeld to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9357360. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
February 13, 2014 Opinion or Order Filing 96 ORDER: It is hereby ORDERED that the Clerk of the Court consolidate case 13-cv-7789 (as lead case) with cases 13-cv-9080, 13-cv-9125, 13-cv-9237, 14-cv-350, 14-cv-475, 14-cv-494, 14-cv-752, 14-cv-787, 14-cv-825, 14-cv-867, 14-cv-876 and 14-cv-902 (as member cases) for all purposes. Case 13-cv-7953 shall remain a separate action. All filings made after the issuance of this Order in connection with the consolidated action shall be entered in the docket of the remaining lowest-numbered case 13-cv-7789. After consolidation, the Clerk shall amend the caption of the case to be: In re Foreign Exchange Benchmark Rates Antitrust Litigation. The Clerk is further directed to close all higher-numbered cases referenced herein, except for case 13- cv-7953. It is further ORDERED that, for the reasons stated at the conference, Scott + Scott, L.L.P. shall serve as interim lead counsel to the putative U.S. class. It is further ORDERED that no later than March 31, 2014, interim lead counsel shall file a Consolidated Class Action Complaint. It is further ORDERED that all deadlines for Defendants to answer or otherwise respond to the currently operative Complaints are cancelled; and all scheduling orders and case management plans in the above cases are VACATED. It is further ORDERED that an initial pre-trial conference shall be held on March 3, 2014, at 11:30 a.m., where counsel shall be prepared to discuss schedules for motions and discovery, as well as any motion to stay discovery. The parties should consider the Courts individual rules, including Rules III.A and III.C.2. No later than 7 days prior to the conference, the parties shall submit a joint Proposed Civil Case Management Plan, a joint letter addressing the issues enumerated in the initial pretrial orders and any other issues they wish the Court to address at the March 3 conference. (Signed by Judge Lorna G. Schofield on 2/13/2014) Filed In Associated Cases: 1:13-cv-07789-LGS et al.(ft)
February 13, 2014 Opinion or Order Set/Reset Deadlines: Amended Pleadings due by 3/31/2014. Associated Cases: 1:13-cv-07789-LGS et al.(ft)
February 13, 2014 Opinion or Order Set/Reset Hearings: Initial Conference set for 3/3/2014 at 11:30 AM before Judge Lorna G. Schofield. Associated Cases: 1:13-cv-07789-LGS et al.(ft)
February 13, 2014 Opinion or Order Filing 94 ORDER granting #82 Motion for William P. Butterfield to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
February 13, 2014 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #90 MOTION for Hilary Kathleen Scherrer to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9351212. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Certificate of Good Standing. Certificate of Good Standing must be issued from the Supreme Court of 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)
February 12, 2014 Opinion or Order Filing 93 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Christopher Lee Lebsock to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9352827. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Proposed Order)(Lebsock, Christopher) Modified on 2/13/2014 (bcu).
February 12, 2014 Opinion or Order Filing 92 LETTER addressed to Judge Lorna G. Schofield from Joseph J. Tabacco, Jr. dated February 12, 2014 Document filed by Fresno County Employees Retirement Association.(Tabacco, Joseph)
February 12, 2014 Opinion or Order Filing 91 NOTICE OF APPEARANCE by Joseph J. Tabacco, Jr on behalf of Fresno County Employees Retirement Association. (Tabacco, Joseph)
February 12, 2014 Opinion or Order Filing 90 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Hilary Kathleen Scherrer to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9351212. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System. Return Date set for 2/13/2014 at 08:00 AM. (Attachments: #1 Text of Proposed Order Order for Admission Pro Hac Vice, #2 Exhibit Ex. A, #3 Exhibit Ex. B)(Ratway, Hilary) Modified on 2/13/2014 (bcu).
February 11, 2014 Opinion or Order Filing 89 ORDER: To obtain information on Thursday, February 13, 2014, about whether the Court is closed because of inclement weather, please call 212-805-0515 or check the SDNY website after 7 AM. If the Court is open at the scheduled time of the conference, it will proceed. If the Court is closed at that time, the conference will be rescheduled. (Schofield, Lorna)(Text Only Order)
February 11, 2014 Opinion or Order Filing 88 NOTICE OF APPEARANCE by Andrew J Entwistle on behalf of Augustus International Master Fund, L.P., Value Recovery Fund LLC. (Entwistle, Andrew)
February 11, 2014 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #82 MOTION for William P. Butterfield to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9345759. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
February 10, 2014 Opinion or Order Filing 87 LETTER addressed to Judge Lorna G. Schofield from Daniel Brockett dated February 10, 2014 re: Proposal for Appointment of Lead Counsel. Document filed by State-Boston Retirement System.(Brockett, Daniel)
February 10, 2014 Opinion or Order Filing 86 CERTIFICATE OF SERVICE. Document filed by Fresno County Employees Retirement Association. (Tabacco, Joseph)
February 10, 2014 Opinion or Order Filing 85 LETTER addressed to Judge Lorna G. Schofield from Joseph J. Tabacco, Jr. dated February 10, 2014 re: ECF No. 76 (in compliance with). Document filed by Fresno County Employees Retirement Association.(Tabacco, Joseph)
February 10, 2014 Opinion or Order Filing 84 LETTER addressed to Judge Lorna G. Schofield from Andrew J. Entwistle dated February 10, 2014 re: Proposal for Appointment of Lead Counsel. Document filed by Value Recovery Fund LLC, Augustus International Master Fund, L.P..(Entwistle, Andrew)
February 10, 2014 Opinion or Order Filing 83 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke and Michael D. Hausfeld dated February 10, 2014 re: Interim Lead Counsel and Consolidation. Document filed by Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System.(Burke, Christopher)
February 10, 2014 Opinion or Order Filing 82 MOTION for William P. Butterfield to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9345759. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)(Butterfield, William)
February 10, 2014 Opinion or Order Filing 81 LETTER addressed to Judge Lorna G. Schofield from Yvonne Quinn, David Esseks, Andrew Ruffino, David Januszewski, Joseph Serino, Jr., Thomas Moloney, Roger Cowie, Peter Greene, Marc Gottridge, Jonathan Moses, Arthur Burke and Joel Sanders dated 2-10-14 re: Interim Lead Counsel and Consolidation. Document filed by Barclays Bank PLC, Citigroup, Inc., Citigroup, N.A., Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, JPMorgan Chase & Co., JPMorgan Chase Bank National Association, Royal Bank of Scotland Group, PLC, UBS AG, UBS Securities LLC.(Gao, Qian)
February 5, 2014 Opinion or Order Filing 80 NOTICE OF APPEARANCE by Lewis Charles Shioleno on behalf of Royal Bank of Scotland Group, PLC. (Shioleno, Lewis)
February 4, 2014 Opinion or Order Filing 79 ORDER granting #77 Motion for Stephen M. Tillery to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
January 30, 2014 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #77 MOTION for Stephen M. Tillery to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9307576. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
January 29, 2014 Opinion or Order Filing 78 MEMO ENDORSEMENT on re: (44 in 1:13-cv-07953-LGS) Letter, filed by Citibank, N.A., JPMorgan Chase & Co, UBS AG, Credit Suisse Securities (USA) LLC, UBS Securities LLC, Barclays Bank PLC, JPMorgan Chase Bank, National Association, Deutsche Bank AG, Citigroup, Inc., Royal Bank of Scotland Group, plc, Credit Suisse Group AG. ENDORSEMENT: Application granted in part and denied in part. Discovery is stayed until the March 3, 2014, case management conference and will be further addressed at that time. (Signed by Judge Lorna G. Schofield on 1/29/2014) ***Filed in 13cv7953, 13cv7789, 13cv9237, 14cv350, 14cv475, 13cv9125, and 13cv9080. (tn) Modified on 2/7/2014 (tn).
January 29, 2014 Opinion or Order Filing 77 MOTION for Stephen M. Tillery to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9307576. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Oklahoma Firefighters Pension and Retirement System. (Attachments: #1 Exhibit Exhibit A - Motion for Admission pro hac vice - Stephen M. Tillery, #2 Exhibit Exhibit B - Motion for Admission pro hac vice - Stephen M. Tillery)(Tillery, Stephen)
January 28, 2014 Opinion or Order Filing 76 ORDER granting #74 Letter Motion for Conference: Application granted. A conference to discuss the consolidation of the actions and the appointment of lead counsel is scheduled for February 13, 2014, at 11:10 a.m. The parties shall file letters setting forth any proposals they intend to make regarding consolidation or appointment no later than three days prior to the conference. (Status Conference set for 2/13/2014 at 11:10 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield.) (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
January 28, 2014 Opinion or Order Filing 75 LETTER addressed to Judge Lorna G. Schofield from Christopher M. Burke dated 1/28/2014 re: Response to Stay Letter submitted 1/27/2014. Document filed by Employees' Retirement System of the Government of the Virgin Islands, Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System.(Burke, Christopher)
January 23, 2014 Opinion or Order Filing 74 LETTER MOTION for Conference (Pre-Motion Conference) addressed to Judge Lorna G. Schofield from Christopher M. Burke dated 1/23/2014. Document filed by Employees' Retirement System of the Government of the Virgin Islands, Haverhill Retirement System, Oklahoma Firefighters Pension and Retirement System.(Burke, Christopher)
January 23, 2014 Opinion or Order Filing 73 MEMO ENDORSEMENT on re: (11 in 1:13-cv-09080-LGS) Letter, filed by Citibank, N.A., UBS AG, JPMorgan Chase Bank, Credit Suisse Securities (USA) LLC, JPMorgan Chase & Co., UBS Securities LLC, Barclays Bank PLC, Cedit Suisse Group AG, Citigroup, Inc., Deutsche Bank AG, Royal Bank of Scotland Group, plc, (21 in 1:13-cv-09125-LGS) Letter, filed by Citigroup Inc., Citibank, N.A., JPMorgan Chase Bank, UBS AG, The Royal Bank of Scotland Group plc, UBS Securities L.L.C., JPMorgan Chase & Co., Credit Suisse Securities (USA) L.L.C., Barclays Bank Plc,, Deutsche Bank AG, Credit Suisse Group AG, (15 in 1:13-cv-09237-LGS) Letter, filed by Citibank, N.A., Royal Bank of Scotland Group plc, UBS AG, Lloyds Banking Group plc, UBS Securities L.L.C., JPMorgan Chase & Co., Credit Suisse Securities (USA) L.L.C., Barclays Bank Plc,, Citigroup, Inc., Deutsche Bank AG, Credit Suisse Group AG, (35 in 1:13-cv-07953-LGS) Letter, filed by Citibank, N.A., JPMorgan Chase & Co, UBS AG, Credit Suisse Securities (USA) LLC, UBS Securities LLC, Barclays Bank PLC, JPMorgan Chase Bank, National Association, Citigroup, Inc., Deutsche Bank AG, Royal Bank of Scotland Group, plc, Credit Suisse Group AG, (70 in 1:13-cv-07789-LGS) Letter, filed by Royal Bank of Scotland Group, PLC, UBS AG, Credit Suisse Securities (USA) LLC, JPMorgan Chase & Co., JPMorgan Chase Bank National Association, UBS Securities LLC, Barclays Bank PLC, Citigroup, N.A., Citigroup, Inc., Deutsche Bank AG, Credit Suisse Group AG. ENDORSEMENT: Application denied. The Case Management Plan entered by Judge Berman in 13-cv-7953 will remain in force, other than the conference set for March 11, 2014, which is hereby adjourned. The Court will address any further proposed changes to the discovery schedule at the March 3, 2014 conference. (Signed by Judge Lorna G. Schofield on 1/23/2014) (lmb)
January 22, 2014 Opinion or Order Filing 72 NOTICE OF APPEARANCE by Robert S. Khuzami on behalf of Deutsche Bank AG. (Khuzami, Robert)
January 17, 2014 Opinion or Order Filing 71 LETTER addressed to Judge Lorna G. Schofield from Patrick J. Coughlin and Christopher Burke dated January 17, 2014 re: In Response to Defendants' January 16, 2014 Letter. Document filed by Haverhill Retirement System, Employees' Retirement System of the Government of the Virgin Islands, Oklahoma Firefighters Pension and Retirement System.(Coughlin, Patrick)
January 16, 2014 Opinion or Order Filing 70 LETTER addressed to Judge Lorna G. Schofield from defendants dated January 16, 2014 Document filed by Barclays Bank PLC, Citigroup, Inc., Citigroup, N.A., Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, JPMorgan Chase & Co., JPMorgan Chase Bank National Association, Royal Bank of Scotland Group, PLC, UBS AG, UBS Securities LLC.(Januszewski, David)
January 16, 2014 Opinion or Order Filing 69 NOTICE OF APPEARANCE by Elai E. Katz on behalf of Credit Suisse Group AG. (Katz, Elai)
January 16, 2014 Opinion or Order Filing 68 NOTICE OF APPEARANCE by Jason Michael Hall on behalf of Credit Suisse Group AG. (Hall, Jason)
January 16, 2014 Opinion or Order Filing 67 NOTICE OF APPEARANCE by David George Januszewski on behalf of Credit Suisse Group AG. (Januszewski, David)
January 16, 2014 Opinion or Order Filing 66 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Credit Suisse Group AG.(Washer, Herbert)
January 16, 2014 Opinion or Order Filing 65 NOTICE OF APPEARANCE by Herbert Scott Washer on behalf of Credit Suisse Group AG. (Washer, Herbert)
January 15, 2014 Opinion or Order Filing 64 NOTICE OF APPEARANCE by Joshua H. Soven on behalf of UBS AG, UBS Securities LLC. (Soven, Joshua)
January 15, 2014 Opinion or Order Filing 63 ORDER: Initial Conference set for 3/3/2014 at 11:30 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 1/15/2014) (tn)
January 14, 2014 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge Lorna G. Schofield. Judge Richard M. Berman is no longer assigned to the case. (pgu)
January 14, 2014 Opinion or Order CASE ACCEPTED AS RELATED. Create association to 1:13-cv-09080-LGS. (pgu)
January 10, 2014 Opinion or Order Filing 62 ENDORSED LETTER addressed to Judge Richard M. Berman from Yvonne S. Quinn, David G. Januszewski, Andrew A. Ruffino, Joseph Serino, Jr., Peter E. Greene, Marc Gottridge, Arthur J. Burke and Joel S. Sanders dated 1/10/14 re: Counsel requests that these cases be referred to a single judge. ENDORSEMENT: Regretably, this Court was unable to take the additional cases which included parties (new) that gave rise to a conflict. cc Judge Schofield + Furman. (Signed by Judge Richard M. Berman on 1/10/2014) (mro) Modified on 1/13/2014 (mro).
January 10, 2014 Opinion or Order Filing 61 ORDER FOR MOTION FOR ADMISSION PRO HAC VICE granting #60 Motion for G. Patrick Montgomery to Appear Pro Hac Vice. (Signed by Judge Richard M. Berman on 1/10/2014) (mro)
January 7, 2014 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge Richard M. Berman. Judge Edgardo Ramos is no longer assigned to the case. (pgu)
January 6, 2014 Opinion or Order Filing 60 MOTION for G. Patrick Montgomery to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9226633. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Deutsche Bank AG.(Montgomery, George)
January 6, 2014 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #60 MOTION for G. Patrick Montgomery to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9226633. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
December 24, 2013 Opinion or Order Filing 59 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Deutsche Bank AG.(Serino, Joseph)
December 23, 2013 Opinion or Order Filing 58 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Barclays PLC for Barclays Bank PLC. Document filed by Barclays Bank PLC.(Gao, Qian)
December 23, 2013 Opinion or Order Filing 57 NOTICE OF APPEARANCE by Qian Allison Gao on behalf of Barclays Bank PLC. (Gao, Qian)
December 23, 2013 Opinion or Order Filing 56 NOTICE OF APPEARANCE by Jeffrey T. Scott on behalf of Barclays Bank PLC. (Scott, Jeffrey)
December 23, 2013 Opinion or Order Filing 55 NOTICE OF APPEARANCE by David Harold Braff on behalf of Barclays Bank PLC. (Braff, David)
December 23, 2013 Opinion or Order Filing 54 NOTICE OF APPEARANCE by Yvonne Susan Quinn on behalf of Barclays Bank PLC. (Quinn, Yvonne)
December 18, 2013 Opinion or Order Filing 53 NOTICE OF APPEARANCE by Eric Foster Leon on behalf of Deutsche Bank AG. (Leon, Eric)
December 18, 2013 Opinion or Order Filing 52 NOTICE OF APPEARANCE by Joseph Serino, JR on behalf of Deutsche Bank AG. (Serino, Joseph)
December 17, 2013 Opinion or Order Filing 51 ORDER FOR ADMISSION PRO HAC VICE OF CHRISTOPHER M. BURKE granting #22 Motion for Christopher M. Burke to Appear Pro Hac Vice. (Signed by Judge Edgardo Ramos on 12/17/2013) (mro)
December 17, 2013 Opinion or Order Filing 50 ORDER FOR ADMISSION PRO HAC VICE OF KRISTEN M. ANDERSON granting #23 Motion for Kristen M. Anderson to Appear Pro Hac Vice. (Signed by Judge Edgardo Ramos on 12/17/2013) (mro)
December 17, 2013 Opinion or Order Filing 49 ORDER FOR ADMISSION PRO HAC VICE OF WALTER W. NOSS granting #24 Motion for Walter W. Noss to Appear Pro Hac Vice. (Signed by Judge Edgardo Ramos on 12/17/2013) (mro)
December 17, 2013 Opinion or Order Filing 48 ORDER FOR ADMISSION PRO HAC VICE granting #28 Motion for Alan M. Wiseman to Appear Pro Hac Vice. (Signed by Judge Edgardo Ramos on 12/17/2013) (mro)
December 17, 2013 Opinion or Order Filing 47 ORDER FOR ADMISSION PRO HAC VICE granting #43 Motion for Daniel J. Mogin to Appear Pro Hac Vice. (Signed by Judge Edgardo Ramos on 12/17/2013) (mro)
December 17, 2013 Opinion or Order Filing 46 ORDER granting #44 Motion for Joshua H. Soven to Appear Pro Hac Vice. (Signed by Judge Edgardo Ramos on 12/17/2013) (mro)
December 17, 2013 Opinion or Order Filing 45 NOTICE OF CHANGE OF ADDRESS by Boris Bershteyn on behalf of JPMorgan Chase & Co., JPMorgan Chase Bank National Association. New Address: Skadden, Arps, Slate, Meagher & Flom LLP, 4 Times Square, New York, NY, USA 10036, 212-735-3000. (Bershteyn, Boris)
December 13, 2013 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #44 MOTION for JOSHUA H. SOVEN to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9171283. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
December 12, 2013 Opinion or Order Filing 44 MOTION for JOSHUA H. SOVEN to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9171283. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by UBS AG, UBS Securities LLC. (Attachments: #1 Declaration of Peter Sullivan, #2 Exhibit 1, #3 Text of Proposed Order)(Sullivan, Peter)
December 9, 2013 Opinion or Order Filing 43 MOTION for Daniel J. Mogin to Appear Pro Hac Vice. Filing fee $ 200.00. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System. (Attachments: #1 Exhibit A(Certificate of Good Standing), #2 Exhibit B(Proposed Order))(Mogin, Daniel)
December 9, 2013 Opinion or Order Filing 42 NOTICE OF APPEARANCE by Boris Bershteyn on behalf of JPMorgan Chase & Co., JPMorgan Chase Bank National Association. (Bershteyn, Boris)
December 9, 2013 Opinion or Order Filing 41 NOTICE OF APPEARANCE by Patrick Joseph Fitzgerald on behalf of JPMorgan Chase & Co., JPMorgan Chase Bank National Association. (Fitzgerald, Patrick)
December 9, 2013 Opinion or Order Filing 40 NOTICE OF APPEARANCE by Peter S. Julian on behalf of JPMorgan Chase & Co., JPMorgan Chase Bank National Association. (Julian, Peter)
December 9, 2013 Opinion or Order Filing 39 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent No Corporate Parent for JPMorgan Chase & Co.; Corporate Parent JPMorgan Chase & Co. for JPMorgan Chase Bank National Association. Document filed by JPMorgan Chase & Co., JPMorgan Chase Bank National Association.(Greene, Peter)
December 9, 2013 Opinion or Order Filing 38 NOTICE OF APPEARANCE by Peter Edward Greene on behalf of JPMorgan Chase & Co., JPMorgan Chase Bank National Association. (Greene, Peter)
December 9, 2013 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #43 MOTION for Daniel J. Mogin to Appear Pro Hac Vice. Filing fee $ 200.00. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
December 6, 2013 Opinion or Order Filing 37 NOTICE OF APPEARANCE by Greg Donald Andres on behalf of Royal Bank of Scotland Group, PLC. (Andres, Greg)
December 6, 2013 Opinion or Order Filing 36 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Royal Bank of Scotland Group, PLC.(Burke, Arthur)
December 6, 2013 Opinion or Order Filing 35 NOTICE OF APPEARANCE by Arthur J. Burke on behalf of Royal Bank of Scotland Group, PLC. (Burke, Arthur)
December 6, 2013 Opinion or Order Filing 34 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Credit Suisse Group AG for Credit Suisse Securities (USA) LLC. Document filed by Credit Suisse Securities (USA) LLC.(Washer, Herbert)
December 6, 2013 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Herbert Scott Washer to RE-FILE Document #30 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (lb)
December 5, 2013 Opinion or Order Filing 33 NOTICE OF APPEARANCE by Elai E. Katz on behalf of Credit Suisse Securities (USA) LLC. (Katz, Elai)
December 5, 2013 Opinion or Order Filing 32 NOTICE OF APPEARANCE by Jason Michael Hall on behalf of Credit Suisse Securities (USA) LLC. (Hall, Jason)
December 5, 2013 Opinion or Order Filing 31 NOTICE OF APPEARANCE by David George Januszewski on behalf of Credit Suisse Securities (USA) LLC. (Januszewski, David)
December 5, 2013 Opinion or Order Filing 30 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Credit Suisse Securities (USA) LLC.(Washer, Herbert) Modified on 12/6/2013 (lb).
December 5, 2013 Opinion or Order Filing 29 NOTICE OF APPEARANCE by Herbert Scott Washer on behalf of Credit Suisse Securities (USA) LLC. (Washer, Herbert)
December 4, 2013 Opinion or Order Filing 28 MOTION for Alan M. Wiseman to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9140063. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Citigroup, Inc., Citigroup, N.A..(Wiseman, Alan)
December 4, 2013 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #28 MOTION for Alan M. Wiseman to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9140063. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
December 2, 2013 Opinion or Order Filing 27 STIPULATION SETTING TIME FOR DEFENDANTS TO ANSWER MOVE, OR OTHERWISE RESPOND TO COMPLAINT: Defendants' time to answer, move or otherwise respond is hereby adjourned as follows: If no other related complaints are filed by January 15, 2014, defendants shall answer, move or otherwise respond to the amended complaint by March 17, 2014. All other current or future deadlines, including, without limitation, any deadlines arising under the Federal Rules of Civil Procedure, the local rules of the Southern District or New York, the Pilot Project Regarding Case Management Techniques for Complex Cases, and this Court's individual practices, shall be adjourned until the filing of a consolidated complaint or until January 15, 2014 if no such consolidated complaint is filed pursuant to Paragraph 2 above. Barclays Bank PLC answer due 3/17/2014; Citigroup, Inc. answer due 3/17/2014; Citigroup, N.A. answer due 3/17/2014; Credit Suisse Group AG answer due 3/17/2014; Credit Suisse Securities (USA) LLC answer due 3/17/2014; Deutsche Bank AG answer due 3/17/2014; JPMorgan Chase & Co. answer due 3/17/2014; JPMorgan Chase Bank answer due 3/17/2014; National Association answer due 3/17/2014; Royal Bank of Scotland Group, PLC answer due 3/17/2014; UBS AG answer due 3/17/2014; UBS Securities LLC answer due 3/17/2014. (Signed by Judge Edgardo Ramos on 11/27/2013) (ft)
November 27, 2013 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #24 MOTION for Walter W. Noss to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9122445. Motion and supporting papers to be reviewed by Clerk's Office staff., #23 MOTION for Kristen M. Anderson to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9122408. Motion and supporting papers to be reviewed by Clerk's Office staff., #22 MOTION for Christopher M. Burke to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9122354. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
November 26, 2013 Opinion or Order Filing 26 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent UBS AG, Corporate Parent UBS Americas Inc. for UBS Securities LLC. Document filed by UBS AG, UBS Securities LLC.(Sanders, Joel)
November 26, 2013 Opinion or Order Filing 25 NOTICE OF APPEARANCE by Joel Steven Sanders on behalf of UBS AG, UBS Securities LLC. (Sanders, Joel)
November 26, 2013 Opinion or Order Filing 24 MOTION for Walter W. Noss to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9122445. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Noss, Walter)
November 26, 2013 Opinion or Order Filing 23 MOTION for Kristen M. Anderson to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9122408. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Anderson, Kristen)
November 26, 2013 Opinion or Order Filing 22 MOTION for Christopher M. Burke to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9122354. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Burke, Christopher)
November 25, 2013 Opinion or Order Filing 21 SUMMONS RETURNED EXECUTED. Royal Bank of Scotland Group, PLC served on 11/14/2013, answer due 12/5/2013. Service was accepted by Melanie McGrath, Person Authorized to Accept Service. Document filed by Haverhill Retirement System. (Guglielmo, Joseph)
November 25, 2013 Opinion or Order Filing 20 SUMMONS RETURNED EXECUTED. Deutsche Bank AG served on 11/14/2013, answer due 12/5/2013. Service was accepted by Kris Kwong, Person Authorized to Accept Service. Document filed by Haverhill Retirement System. (Guglielmo, Joseph)
November 25, 2013 Opinion or Order Filing 19 SUMMONS RETURNED EXECUTED. Barclays Bank PLC served on 11/14/2013, answer due 12/5/2013. Service was accepted by John Zucchi, Person Authorized to Accept Service. Document filed by Haverhill Retirement System. (Guglielmo, Joseph)
November 25, 2013 Opinion or Order Filing 18 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Citicorp for Citigroup, Inc.. Document filed by Citigroup, Inc., Citigroup, N.A..(Ruffino, Andrew)
November 25, 2013 Opinion or Order Filing 17 NOTICE OF APPEARANCE by Andrew Arthur Ruffino on behalf of Citigroup, Inc., Citigroup, N.A.. (Ruffino, Andrew)
November 22, 2013 Opinion or Order Filing 16 ORDER granting #15 Motion for Joel S. Sanders to Appear Pro Hac Vice. 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 Edgardo Ramos on 11/21/2013) (ft)
November 20, 2013 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for JOEL S. SANDERS to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9097950. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
November 19, 2013 Opinion or Order Filing 15 MOTION for JOEL S. SANDERS to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9097950. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by UBS AG, UBS Securities LLC. (Attachments: #1 Text of Proposed Order, #2 Declaration of Peter Sullivan, #3 Exhibit 1)(Sullivan, Peter)
November 19, 2013 Opinion or Order Filing 14 NOTICE OF APPEARANCE by Peter Sullivan on behalf of UBS AG, UBS Securities LLC. (Sullivan, Peter)
November 19, 2013 Opinion or Order Filing 13 NOTICE OF APPEARANCE by Rachel Alden Lavery on behalf of UBS AG, UBS Securities LLC. (Lavery, Rachel)
November 18, 2013 Opinion or Order Filing 12 SUMMONS RETURNED EXECUTED. UBS AG served on 11/6/2013, answer due 11/27/2013. Service was accepted by Richard Andrews, Person Authorized to Accept Service. Document filed by Haverhill Retirement System. (Guglielmo, Joseph)
November 18, 2013 Opinion or Order Filing 11 SUMMONS RETURNED EXECUTED. JPMorgan Chase Bank served on 11/6/2013, answer due 11/27/2013. Service was accepted by George F. McLeod, Person Authorized to Accept Service. Document filed by Haverhill Retirement System. (Guglielmo, Joseph)
November 18, 2013 Opinion or Order Filing 10 SUMMONS RETURNED EXECUTED. JPMorgan Chase & Co. served on 11/6/2013, answer due 11/27/2013. Service was accepted by George F. McLeod, Person Authorized to Accept Service. Document filed by Haverhill Retirement System. (Guglielmo, Joseph)
November 18, 2013 Opinion or Order Filing 9 SUMMONS RETURNED EXECUTED. Credit Suisse Securities (USA) LLC served on 11/6/2013, answer due 11/27/2013. Service was accepted by Janine Schampier, Vice President. Document filed by Haverhill Retirement System. (Guglielmo, Joseph)
November 18, 2013 Opinion or Order Filing 8 SUMMONS RETURNED EXECUTED. Citigroup, N.A. served on 11/7/2013, answer due 12/2/2013. Service was accepted by Russ Abidaily, Person Authorized to Accept Service. Document filed by Haverhill Retirement System. (Guglielmo, Joseph)
November 18, 2013 Opinion or Order Filing 7 SUMMONS RETURNED EXECUTED. Citigroup, Inc. served on 11/6/2013, answer due 11/27/2013. Service was accepted by Fern Strauss, Vice President. Document filed by Haverhill Retirement System. (Guglielmo, Joseph)
November 12, 2013 Opinion or Order Filing 6 ORDER FOR ADMISSION PRO HAC VICE granting #5 Motion for Steven M. Berezney to Appear Pro Hac Vice. 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 Edgardo Ramos on 11/12/2013) (ft)
November 8, 2013 Opinion or Order Filing 5 MOTION for George A. Zelcs to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9062397. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System. (Attachments: #1 Exhibit A Certificates of Good Standing, #2 Text of Proposed Order)(Zelcs, George)
November 8, 2013 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #5 MOTION for George A. Zelcs to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9062397. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
November 6, 2013 Opinion or Order Filing 4 ORDER FOR ADMISSION PRO HAC VICE granting #3 Motion for Steven M. Berezney to Appear Pro Hac Vice. 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 Edgardo Ramos on 11/5/2013) (ft)
November 5, 2013 Opinion or Order Filing 3 MOTION for Steven M. Berezney to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9047012. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Haverhill Retirement System. (Attachments: #1 Exhibit A Certificates of Good Standing, #2 Text of Proposed Order)(Berezney, Steven)
November 5, 2013 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #3 MOTION for Steven M. Berezney to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9047012. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
November 1, 2013 Opinion or Order Filing 2 STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby 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), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (msa)
November 1, 2013 Opinion or Order Filing 1 COMPLAINT against Barclays Bank PLC, Citigroup, Inc., Citigroup, N.A., Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, JPMorgan Chase & Co., JPMorgan Chase Bank, National Association, Royal Bank of Scotland Group, PLC, UBS AG, UBS Securities LLC. (Filing Fee $ 350.00, Receipt Number 465401080474)Document filed by Haverhill Retirement System.(msa)
November 1, 2013 Opinion or Order SUMMONS ISSUED as to Barclays Bank PLC, Citigroup, Inc., Citigroup, N.A., Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, JPMorgan Chase & Co., JPMorgan Chase Bank, National Association, Royal Bank of Scotland Group, PLC, UBS AG, UBS Securities LLC. (msa)
November 1, 2013 Opinion or Order Magistrate Judge Ronald L. Ellis is so designated. (msa)
November 1, 2013 Opinion or Order Case Designated ECF. (msa)

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Search for this case: In re Foreign Exchange Benchmark Rates Antitrust Litigation
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Not classified by court: Quinn Emanuel Urquhart & Sullivan, LLP
Represented By: Daniel Lawrence Brockett
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Not classified by court: Keith Kornell
Represented By: John Jacob Pentz, III
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Not classified by court: Gregory Galan
Represented By: John Jacob Pentz, III
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Not classified by court: U.S. Department of Justice
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Not classified by court: Crown and Korn
Represented By: John Jacob Pentz, III
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Not classified by court: Parris Girves
Represented By: John Jacob Pentz, III
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Not classified by court: New York State Department of Financial Services
Represented By: Peter Christian Dean
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Consolidated plaintiff: Nasser Bakizada
Represented By: Daniel Lawrence Brockett
Represented By: Daniel H. Silverman
Represented By: Manuel Juan Dominguez
Represented By: Michael Benjamin Eisenkraft
Represented By: George Fuad Farah
Represented By: J. Douglas Richards
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Consolidated plaintiff: Robert Charles Class A, L.P.
Represented By: James Christopher Bradley
Represented By: Leslie Scot Wybiral
Represented By: Louis Fox Burke
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Consolidated plaintiff: Jeffrey Sterk
Represented By: Adam Seth Cashman
Represented By: Linda P. Nussbaum
Represented By: Christopher R. Barker
Represented By: Jeremy Daniel Andersen
Represented By: Molly Caroline Stephens
Represented By: Daniel Lawrence Brockett
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Consolidated plaintiff: City of Providence, Rhode Island
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Consolidated plaintiff: Michael Melissinos
Represented By: Christopher M. Burke
Represented By: Michael D. Hausfeld
Represented By: Christopher R. Barker
Represented By: Adam Seth Cashman
Represented By: Daniel Lawrence Brockett
Represented By: Jeremy Daniel Andersen
Represented By: Linda P. Nussbaum
Represented By: Molly Caroline Stephens
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Consolidated plaintiff: United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund
Represented By: Raymond Peter Girnys
Represented By: Christopher M. Burke
Represented By: Barbara J. Hart
Represented By: Thomas Kay Boardman
Represented By: Vincent Briganti
Represented By: Geoffrey Milbank Horn
Represented By: Gerald Lawrence
Represented By: Peter Dexter St. Phillip, Jr
Represented By: Michael D. Hausfeld
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Consolidated plaintiff: Robert L. Teel
Represented By: Leslie Scot Wybiral
Represented By: Louis Fox Burke
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Consolidated plaintiff: Kimberly Sterk
Represented By: Daniel Lawrence Brockett
Represented By: Molly Caroline Stephens
Represented By: Adam Seth Cashman
Represented By: Christopher R. Barker
Represented By: Jeremy Daniel Andersen
Represented By: Linda P. Nussbaum
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Consolidated defendant: Citibank N.A.
Represented By: Thomas A. Isaacson
Represented By: Andrew D. Lazerow
Represented By: Alan M. Wiseman
Represented By: Andrew Arthur Ruffino
Represented By: Andrew David Lazerow
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Consolidated defendant: Citigroup Global Markets, Inc.
Represented By: Andrew D. Lazerow
Represented By: Alan M. Wiseman
Represented By: Andrew Arthur Ruffino
Represented By: Andrew David Lazerow
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Consolidated defendant: Credit Suisse Group AP
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Consolidated defendant: BNP Paribas North America
Represented By: Laura Rose Hall
Represented By: Camille Latoya Fletcher
Represented By: Molly Anne Kelley
Represented By: John Terzaken
Represented By: Joshua Aaron Goldberg
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Consolidated defendant: Morgan Stanley & Co., LLC
Represented By: John David Tortorella
Represented By: Keia Denise Cole
Represented By: Bradley Reid Wilson
Represented By: Jonathan M. Moses
Represented By: Kevin H. Marino
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Consolidated defendant: BNP Paribas Securities, Inc.
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Consolidated defendant: HSBC Securities (USA) Inc.
Represented By: Gregory Thomas Casamento
Represented By: Edwin R Deyoung
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Consolidated defendant: BNP Paribas Prime Brokerage, Inc.
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Consolidated defendant: BNP Paribas Group
Represented By: Rebecca Rose Delfiner
Represented By: Laura Rose Hall
Represented By: Camille Latoya Fletcher
Represented By: Molly Anne Kelley
Represented By: John Terzaken
Represented By: Joshua Aaron Goldberg
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Consolidated defendant: Credit Suisse International
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Consolidated defendant: Scotland Group Plc
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Consolidated defendant: The Royal Bank of Scotland Group PLC
Represented By: Greg Donald Andres
Represented By: Paul Steel Mishkin
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Consolidated defendant: The Royal Bank of Scotland PLC
Represented By: Melissa Carrie King
Represented By: Jennifer Kan
Represented By: Greg Donald Andres
Represented By: Arthur J. Burke
Represented By: Joel M. Cohen
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Defendant: Settling Defendants
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Defendant: Morgan Stanley & Co. International plc
Represented By: John David Tortorella
Represented By: Jonathan M. Moses
Represented By: Kevin H. Marino
Represented By: David George Januszewski
Represented By: Bradley Reid Wilson
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Defendant: Merrill Lynch, Pierce, Fenner & Smith Inc.
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Defendant: BNP Paribas Securities Corp.
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Defendant: Morgan Stanley & Co. LLC
Represented By: John David Tortorella
Represented By: Jonathan M. Moses
Represented By: Kevin H. Marino
Represented By: David George Januszewski
Represented By: Bradley Reid Wilson
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Defendant: Bank of Tokyo-Mitsubishi UFJ Ltd.
Represented By: Anand Sithian
Represented By: Michael E. Gertzman
Represented By: Andrew Corydon Finch
Represented By: Noam Lerer
Represented By: Kenneth Anthony Gallo
Represented By: Maxwell Arlie Halpern Kosman
Represented By: David George Januszewski
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Defendant: Citicorp
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Defendant: Morgan Stanley
Represented By: Jonathan M. Moses
Represented By: Keia Denise Cole
Represented By: John David Tortorella
Represented By: Kevin H. Marino
Represented By: David George Januszewski
Represented By: Bradley Reid Wilson
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Defendant: JPMorgan Chase & Co.
Represented By: Russell Laurence Hirschhorn
Represented By: Patrick Joseph Fitzgerald
Represented By: Tibor Ludovico Nagy, Jr.
Represented By: Stephen Leonard Ratner
Represented By: Boris Bershteyn
Represented By: John Coghlan
Represented By: Anuja Thatte
Represented By: Harry Peter Koulos
Represented By: Peter S. Julian
Represented By: Tansy Woan
Represented By: Peter Edward Greene
Represented By: Anuja Diwakar Thatte
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Defendant: The Goldman Sachs Group, Inc.
Represented By: Robert Alexander Lawner
Represented By: Elizabeth Vicens
Represented By: Leah Brannon
Represented By: George S Cary
Represented By: Victor L. Hou
Represented By: Thomas J. Moloney
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Defendant: UBS Group AG
Represented By: Eric Jonathan Stock
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Defendant: RBS Securities, Inc.
Represented By: Melissa Carrie King
Represented By: Maude Paquin
Represented By: Jennifer Kan
Represented By: Alyssa Beaver Gomez
Represented By: Paul Steel Mishkin
Represented By: Joel M. Cohen
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Defendant: Bank of America, N.A.
Represented By: Adam Selim Hakki
Represented By: Jeffrey Jason Resetarits
Represented By: Richard Franklin Schwed
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Defendant: Standard Chartered Bank
Represented By: Andrew W. Stern
Represented By: Cyrus E. Ansari
Represented By: Sonia Marquez
Represented By: Nicholas Primer Crowell
Represented By: Marc Joel Gottridge
Represented By: Benjamin Andrew Fleming
Represented By: Charles Barrera Moore
Represented By: Lisa Jean Fried
Represented By: S. Lucas Marquez
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Defendant: Goldman, Sachs & Co.
Represented By: Elizabeth Vicens
Represented By: Leah Brannon
Represented By: George S Cary
Represented By: Victor L. Hou
Represented By: Thomas J. Moloney
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Defendant: UBS AG
Represented By: Eric Jonathan Stock
Represented By: Joshua H. Soven
Represented By: Mark Adam Kirsch
Represented By: Rachel Alden Lavery
Represented By: Melanie L. Katsur
Represented By: Peter Sullivan
Represented By: David Jarrett Arp
Represented By: Joel Steven Sanders
Represented By: Melanie Leigh Katsur
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Defendant: Deutsche Bank AG
Represented By: Eric Foster Leon
Represented By: Joseph Serino, JR.
Represented By: Robert S. Khuzami
Represented By: Nickolas Barber
Represented By: George Patrick Montgomery
Represented By: David George Januszewski
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Defendant: UBS Securities LLC
Represented By: Eric Jonathan Stock
Represented By: Joshua H. Soven
Represented By: Mark Adam Kirsch
Represented By: Rachel Alden Lavery
Represented By: Melanie L. Katsur
Represented By: Peter Sullivan
Represented By: David Jarrett Arp
Represented By: Joel Steven Sanders
Represented By: Melanie Leigh Katsur
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Defendant: Credit Suisse AG
Represented By: Charles Matthew Miller
Represented By: Jason Michael Hall
Represented By: Richard Carl Schoenstein
Represented By: Sheila Chithran Ramesh
Represented By: Elai E. Katz
Represented By: Herbert Scott Washer
Represented By: David George Januszewski
Represented By: Anirudh Bansal
Represented By: Edward Nathaniel Moss
Represented By: Tammy Lynn Roy
Represented By: Margaret Ann Barone
Represented By: Miles Wiley
Represented By: Elai Katz
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Defendant: Citigroup, Inc.
Represented By: Andrew Arthur Ruffino
Represented By: Andrew D. Lazerow
Represented By: Alan M. Wiseman
Represented By: Andrew David Lazerow
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Defendant: Barclays Bank PLC
Represented By: David Harold Braff
Represented By: Matthew Alexander Schwartz
Represented By: Qian Allison Gao
Represented By: Kathleen Suzanne McArthur
Represented By: Yvonne Susan Quinn
Represented By: Matthew Francis Sullivan
Represented By: Jeffrey T. Scott
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Defendant: Credit Suisse Securities (USA) LLC
Represented By: Charles Matthew Miller
Represented By: Jason Michael Hall
Represented By: Richard Carl Schoenstein
Represented By: Sheila Chithran Ramesh
Represented By: Elai E. Katz
Represented By: Herbert Scott Washer
Represented By: David George Januszewski
Represented By: Anirudh Bansal
Represented By: Edward Nathaniel Moss
Represented By: Tammy Lynn Roy
Represented By: Margaret Ann Barone
Represented By: Miles Wiley
Represented By: Elai Katz
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Defendant: RBC Capital Markets, LLC
Represented By: Neil Thomas Bloomfield
Represented By: Mark A. Nebrig
Represented By: Joshua D. Lanning
Represented By: James P. McLoughlin, Jr.
Represented By: David George Januszewski
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Defendant: Societe Generale S.A.
Represented By: James Robert Warnot, Jr
Represented By: Katherine Zupan Machan
Represented By: Adam Samuel Lurie
Represented By: Patrick Coby Ashby
Represented By: David George Januszewski
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Defendant: Deutsche Bank Securities Inc.
Represented By: Eric Foster Leon
Represented By: Joseph Serino, JR.
Represented By: Robert S. Khuzami
Represented By: Nickolas Barber
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Defendant: Credit Suisse Group AG
Represented By: Charles Matthew Miller
Represented By: Jason Michael Hall
Represented By: Richard Carl Schoenstein
Represented By: Sheila Chithran Ramesh
Represented By: Elai E. Katz
Represented By: Herbert Scott Washer
Represented By: David George Januszewski
Represented By: Anirudh Bansal
Represented By: Edward Nathaniel Moss
Represented By: Tammy Lynn Roy
Represented By: Margaret Ann Barone
Represented By: Miles Wiley
Represented By: Elai Katz
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Defendant: Barclays Capital Inc.
Represented By: Matthew Alexander Schwartz
Represented By: Matthew Francis Sullivan
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Defendant: Bank Of America Corporation
Represented By: Adam Selim Hakki
Represented By: Jeffrey Jason Resetarits
Represented By: Richard Franklin Schwed
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Defendant: JPMorgan Chase Bank National Association
Represented By: Russell Laurence Hirschhorn
Represented By: Patrick Joseph Fitzgerald
Represented By: Tibor Ludovico Nagy, Jr.
Represented By: Stephen Leonard Ratner
Represented By: Boris Bershteyn
Represented By: John Coghlan
Represented By: Anuja Thatte
Represented By: Harry Peter Koulos
Represented By: Peter S. Julian
Represented By: Tansy Woan
Represented By: Peter Edward Greene
Represented By: Anuja Diwakar Thatte
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Defendant: Goldman Sachs & Co. LLC
Represented By: Robert Alexander Lawner
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Defendant: Standard Chartered PLC
Represented By: Luke Omari Icah Frankson
Represented By: Alan M. Unger
Represented By: Cyrus E. Ansari
Represented By: Andrew W. Stern
Represented By: David George Januszewski
Represented By: Nicholas Primer Crowell
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Defendant: Citigroup, N.A.
Represented By: Andrew Arthur Ruffino
Represented By: Andrew D. Lazerow
Represented By: Alan M. Wiseman
Represented By: Andrew David Lazerow
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Defendant: Royal Bank of Scotland Group, PLC
Represented By: Melissa Carrie King
Represented By: Maude Paquin
Represented By: Jennifer Kan
Represented By: Lewis Charles Shioleno
Represented By: Greg Donald Andres
Represented By: Alyssa Beaver Gomez
Represented By: Arthur J. Burke
Represented By: Joel M. Cohen
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Interested party: Donna S. Lucas
Represented By: Regina Mary Markey
Represented By: James Brian McTigue
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Interested party: Neil Taylor
Represented By: Karen M. Lerner
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Interested party: Doris Sue Allen
Represented By: Regina Mary Markey
Represented By: James Brian McTigue
Represented By: J. Ross Wallin
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Interested party: Hedy L. Anselman
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Interested party: Dana Kellen
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Interested party: Steve Leaven
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Interested party: Oklahoma Firefighters Pension and Retirement System
Represented By: Christopher M. Burke
Represented By: Stephanie Ann Hackett
Represented By: William P. Butterfield
Represented By: Jennifer Janine Scott
Represented By: Stephen M. Tillery
Represented By: William Curtis Fredericks
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Interested party: John Burnside
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Interested party: Eduardo Negrete
Represented By: Blaine Howell Bortnick
Represented By: James William Halter
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Interested party: Jonathan G. Axelrod
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Interested party: Timothy R. Garrett
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Interested party: Warren J. Pepicelli
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Interested party: John A. Boardman
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Interested party: Employees' Retirement System of the Government of the Virgin Islands
Represented By: Randi Dawn Bandman
Represented By: Christopher M. Burke
Represented By: Patrick Joseph Coughlin
Represented By: Michael D. Hausfeld
Represented By: Alexandra S. Bernay
Represented By: Carmen A. Medici
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Interested party: ERISA Allocation Counsel
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Interested party: Gervasio Negrete
Represented By: Blaine Howell Bortnick
Represented By: James William Halter
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Plaintiff: Peter Rives
Represented By: Christopher M. Burke
Represented By: Michael D. Hausfeld
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Plaintiff: Robert Miller
Represented By: Christopher M. Burke
Represented By: Michael D. Hausfeld
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Plaintiff: Casey Sterk
Represented By: Christopher M. Burke
Represented By: Michael D. Hausfeld
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Plaintiff: Izee Trading Company
Represented By: Christopher M. Burke
Represented By: Michael D. Hausfeld
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Plaintiff: Value Recovery Fund LLC
Represented By: Andrew J Entwistle
Represented By: Christopher M. Burke
Represented By: Robert N Cappucci
Represented By: Thomas Kay Boardman
Represented By: Vincent Roger Cappucci
Represented By: Michael D. Hausfeld
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Plaintiff: John Nypl
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Plaintiff: Tiberius OC Fund, Ltd.
Represented By: Christopher M. Burke
Represented By: Thomas Kay Boardman
Represented By: Michael D. Hausfeld
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Plaintiff: Augustus International Master Fund, L.P.
Represented By: Andrew J Entwistle
Represented By: Robert N Cappucci
Represented By: Vincent Roger Cappucci
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Plaintiff: The City of Philadelphia, Board of Pensions and Retirement
Represented By: Steig Olson
Represented By: Michael J. Boni
Represented By: John Elliott Sindoni
Represented By: Angela L. Baglanzis
Represented By: Christopher M. Burke
Represented By: Daniel Lawrence Brockett
Represented By: Thomas Kay Boardman
Represented By: Rigel Caitlin Farr
Represented By: Joshua D. Snyder
Represented By: Michael D. Hausfeld
Represented By: William Leonard
Represented By: Angela L Mastrangelo
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Plaintiff: Systrax Corporation
Represented By: Christopher M. Burke
Represented By: Michael D. Hausfeld
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Plaintiff: State-Boston Retirement System
Represented By: Christopher M. Burke
Represented By: Thomas Kay Boardman
Represented By: Michael D. Hausfeld
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Plaintiff: Newport News Employees' Retirement Fund
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Plaintiff: Syena Global Emerging Markets Fund, LP
Represented By: Peter Anthony Barile, III
Represented By: Linda P. Nussbaum
Represented By: Christopher M. Burke
Represented By: Robert Gerard Eisler
Represented By: Thomas Kay Boardman
Represented By: Michael D. Hausfeld
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Plaintiff: Thomas Gramatis
Represented By: Steven A Kanner
Represented By: Christopher M. Burke
Represented By: Brian M. Hogan
Represented By: Michael D. Hausfeld
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Plaintiff: Employees' Retirement System of Puerto Rico Electric Power Authority
Represented By: Marian Rosner
Represented By: Christopher M. Burke
Represented By: Matthew Tucker Insley-Pruitt
Represented By: Thomas Kay Boardman
Represented By: Patricia I. Avery
Represented By: Michael D. Hausfeld
Represented By: Fei-Lu Qian
Represented By: Carmen A. Medici
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Plaintiff: Mark Miller
Represented By: Christopher M. Burke
Represented By: Michael D. Hausfeld
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Plaintiff: Marc G. Frederighi
Represented By: Christopher M. Burke
Represented By: Michael D. Hausfeld
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Plaintiff: J. Paul Antonello
Represented By: Christopher M. Burke
Represented By: Michael D. Hausfeld
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Plaintiff: Michael J. Smith
Represented By: Christopher M. Burke
Represented By: Michael D. Hausfeld
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Plaintiff: Doug Harvey
Represented By: Christopher M. Burke
Represented By: Michael D. Hausfeld
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Plaintiff: Richard Preschern dba Preschern Trading
Represented By: Christopher M. Burke
Represented By: Michael D. Hausfeld
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Plaintiff: John Kerstein
Represented By: Steven A Kanner
Represented By: Christopher M. Burke
Represented By: Brian M. Hogan
Represented By: Michael D. Hausfeld
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Plaintiff: Haverhill Retirement System
Represented By: Sarah Rebecca Lafreniere
Represented By: Robert E Litan
Represented By: Walter W. Noss
Represented By: Renae Diane Steiner
Represented By: Jayne A. Peeters
Represented By: Randall P. Ewing, Jr.
Represented By: Peter Anthony Barile, III
Represented By: Joseph Peter Guglielmo
Represented By: Kristen M. Anderson
Represented By: Julie A. Kearns
Represented By: Michael E. Klenov
Represented By: Richard M Elias
Represented By: Steven Michael Berezney
Represented By: Reena Gambhir
Represented By: Allan Steyer
Represented By: Aaron M. Zigler
Represented By: Christopher M. Burke
Represented By: Jennifer Janine Scott
Represented By: Donald A Broggi
Represented By: Lee Albert
Represented By: Christopher L. Lebsock
Represented By: Daniel Jay Mogin
Represented By: Michelle Elizabeth Conston
Represented By: Stephanie Ann Hackett
Represented By: Daniel Cohen
Represented By: Steven M. Nathan
Represented By: Sylvia Sokol
Represented By: Gregory Bradley Linkh
Represented By: William P. Butterfield
Represented By: C. Moze Cowper
Represented By: Thomas Kay Boardman
Represented By: Noah Smith-Drelich
Represented By: Hilary Kathleen Scherrer
Represented By: George A. Zelcs
Represented By: Alexander Dewitt Singh Kullar
Represented By: Katie Beran
Represented By: Kate Lv
Represented By: Robert L. King
Represented By: William Curtis Fredericks
Represented By: Michael D. Hausfeld
Represented By: Hilary K Scherrer
Represented By: Timothy S. Kearns
Represented By: Gary D Foster
Represented By: Ian J Engdahl
Represented By: Jose Roman Lavergne
Represented By: Reena A. Gambhir
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Plaintiff: Aureus Currency Fund, L.P.
Represented By: Solomon B. Cera
Represented By: Christopher M. Burke
Represented By: Michael Benjamin Eisenkraft
Represented By: Thomas Kay Boardman
Represented By: Michael D. Hausfeld
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Alternative dispute resolution (adr) provider: HSBC Bank plc
Represented By: Roger Brian Cowie
Represented By: Gregory Thomas Casamento
Represented By: Julia C Webb
Represented By: James Matthew Goodin
Represented By: Edwin R Deyoung
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Alternative dispute resolution (adr) provider: HSBC Bank USA, N.A.
Represented By: Roger Brian Cowie
Represented By: Gregory Thomas Casamento
Represented By: Julia C Webb
Represented By: James Matthew Goodin
Represented By: Edwin R Deyoung
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Alternative dispute resolution (adr) provider: HSBC North America Holdings, Inc.
Represented By: Roger Brian Cowie
Represented By: Gregory Thomas Casamento
Represented By: Julia C Webb
Represented By: James Matthew Goodin
Represented By: Edwin R Deyoung
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Alternative dispute resolution (adr) provider: HSBC Holdings plc
Represented By: Roger Brian Cowie
Represented By: Gregory Thomas Casamento
Represented By: Julia C Webb
Represented By: James Matthew Goodin
Represented By: Edwin R Deyoung
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Petitioner: Fresno County Employees Retirement Association
Represented By: Joseph J. Tabacco, Jr.
Represented By: Jessica Moy
Represented By: Todd Seaver
Represented By: Sarah Khorasanee McGrath
Represented By: Christopher M. Burke
Represented By: Thomas Kay Boardman
Represented By: Michael D. Hausfeld
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Consolidated counter defendant: BNP Paribas North America, Inc.
Represented By: Rebecca Rose Delfiner
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Claimant: FXDirectDealer, LLC (FXDD)
Represented By: Farzin Franklin Amanat
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Claimant: Forex Capital Markets, LLC
Represented By: Farzin Franklin Amanat
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Claimant: Lucid Markets LLP
Represented By: Farzin Franklin Amanat
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Claimant: Mapleridge Capital
Represented By: Farzin Franklin Amanat
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Claimant: Virtu Financial LLC
Represented By: Farzin Franklin Amanat
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Claimant: TG Capital Fund LP
Represented By: Farzin Franklin Amanat
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Claimant: Contrarian Capital Management LLC
Represented By: Farzin Franklin Amanat
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Claimant: NWI Management, L.P.
Represented By: Farzin Franklin Amanat
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