In re Foreign Exchange Benchmark Rates Antitrust Litigation
Plaintiff: Jeffrey Sterk, 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, Oklahoma Firefighters Pension and Retirement System, Systrax Corporation, State-Boston Retirement System, Newport News Employees' Retirement Fund, Syena Global Emerging Markets Fund, LP, Thomas Gramatis, Michael Melissinos, 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, Kimberly Sterk, 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 Yet Classified: Quinn Emanuel Urquhart & Sullivan, LLP, U.S. Department of Justice and BNP Paribas North America, Inc.
Consolidated Plaintiff: Nasser Bakizada, Robert Charles Class A, L.P., City of Providence, Rhode Island, Neil Taylor, Steve Leaven, John Burnside, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-state Pension Fund and Robert L. Teel
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, Doris Sue Allen, Hedy L. Anselman, Dana Kellen, 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
Other: Keith Kornell, Gregory Galan, Crown and Korn and Parris Girves
Alternative Dispute Resolution (Adr) Provider: HSBC Bank plc, HSBC Bank USA, N.A., HSBC North America Holdings, Inc. and HSBC Holdings plc
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: 15:1
Jury Demanded By: Both
Docket Report

This docket was last retrieved on May 3, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 7, 2019 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 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 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 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 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 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 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 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 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 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 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 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 Filing 1297 SEALED DOCUMENT placed in vault.(mhe)
April 10, 2019 Filing 1296 SEALED DOCUMENT placed in vault.(mhe)
April 10, 2019 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 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 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 Filing 1290 SEALED DOCUMENT placed in vault.(rz)
April 1, 2019 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 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 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 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 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 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 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 29, 2019 Filing 1282 SEALED DOCUMENT placed in vault.(rz)
March 28, 2019 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 Filing 1246 SEALED DOCUMENT placed in vault.(rz)
March 19, 2019 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 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 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 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 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 Filing 1238 SEALED DOCUMENT placed in vault.(mhe)
March 12, 2019 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 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 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 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 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 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 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 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 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 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 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 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #1219 Proposed Order, was reviewed and approved as to form. (dt)
March 4, 2019 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 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 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 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 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 ***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 4, 2019 ***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 ***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 1, 2019 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 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 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 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 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 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 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 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 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 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 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 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 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #1205 Proposed Order was reviewed and approved as to form. (km)
March 1, 2019 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 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 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 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #1202 Proposed Order was reviewed and approved as to form. (km)
March 1, 2019 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 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 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 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 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 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 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)
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 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 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 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 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 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 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 Filing 1183 NOTICE OF APPEARANCE by Eric Jonathan Stock on behalf of UBS AG, UBS Securities LLC. (Stock, Eric)
February 13, 2019 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 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #1180 Proposed Order was reviewed and approved as to form. (km)
February 12, 2019 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 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 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 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 8, 2019 Set/Reset Deadlines: Replies due by 3/7/2019. Surreplies due by 3/7/2019. (cf)
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 7, 2019 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 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 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 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 Filing 1170 SEALED DOCUMENT placed in vault.(rz)
February 6, 2019 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 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 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 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 >>>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 14, 2019 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 11, 2019 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 >>>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 10, 2019 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 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 9, 2019 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 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 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 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 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 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)
December 7, 2018 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 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)
November 20, 2018 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 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 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 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 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 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 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 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 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 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 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 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #1124 Proposed Order, was reviewed and approved as to form. (ad)
October 16, 2018 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 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 15, 2018 ***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 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 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 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 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 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 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 Set/Reset Deadlines: Responses due by 1/31/2019 Replies due by 1/31/2019. (kgo)
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 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 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 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 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 Filing 1091 SEALED DOCUMENT placed in vault.(mhe)
July 13, 2018 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 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 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 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 ***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 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 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 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 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 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 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 Set/Reset Deadlines: Deposition due by 12/31/2018. (kgo)
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 14, 2018 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 Filing 1059 NOTICE of Withdrawal of Attorney Jessica Moy. Document filed by Fresno County Employees Retirement Association. (Seaver, Todd)
May 22, 2018 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 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 14, 2018 Filing 1056 NOTICE OF APPEARANCE by Camille Latoya Fletcher on behalf of BNP Paribas Group, BNP Paribas North America. (Fletcher, Camille)
May 14, 2018 Filing 1055 NOTICE OF APPEARANCE by Joshua Aaron Goldberg on behalf of BNP Paribas Group, BNP Paribas North America. (Goldberg, Joshua)
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 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 Filing 1052 NOTICE OF APPEARANCE by Anuja Thatte on behalf of JPMorgan Chase & Co., JPMorgan Chase Bank National Association. (Thatte, Anuja)
May 10, 2018 >>>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 10, 2018 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 9, 2018 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 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 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 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 >>>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 7, 2018 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 3, 2018 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 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)
May 1, 2018 >>>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 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).
April 30, 2018 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 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 Transmission to Docket Assistant Clerk. Transmitted re: #1042 Order to the Docket Assistant Clerk for case processing. (ap)
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 25, 2018 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 ***DELETED DOCUMENT. Deleted document number #1018 NOTICE OF FILING OF OFFICIAL TRANSCRIPT. The document was incorrectly filed in this case. (tn)
April 16, 2018 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 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 Set/Reset Deadlines: Responses due by 4/19/2018 (kgo)
April 13, 2018 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 12, 2018 Set/Reset Deadlines: Deposition due by 10/26/2018. Responses due by 12/6/2018 Replies due by 12/6/2018. (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 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 11, 2018 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 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 Filing 1010 MOTION to Withdraw Objection. Document filed by Gregory Galan.(Pentz, John)
April 9, 2018 Filing 1009 NOTICE of Change of Name. Document filed by Bank of Tokyo-Mitsubishi UFJ Ltd.. (Gallo, Kenneth)
April 3, 2018 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 ***DELETED DOCUMENT. Deleted document number Court only. The document was incorrectly filed in this case. (ap)
March 13, 2018 ***DELETED DOCUMENT. Deleted document number #993 MEMO ENDORSEMENT. The document was incorrectly filed in this case. (ap)
March 13, 2018 Terminate Transcript Deadlines. (ap)
March 13, 2018 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 >>>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 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 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 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 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 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 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 Filing 944 NOTICE OF APPEARANCE by Mark Adam Kirsch on behalf of UBS AG, UBS Securities LLC. (Kirsch, Mark)
January 17, 2018 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 ***DELETED DOCUMENT. Deleted document number 910 Memo Endorsement. The document was incorrectly filed in this case. (ama)
December 12, 2017 ***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 12, 2017 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 11, 2017 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 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 Minute Entry for proceedings held before Judge Lorna G. Schofield: Telephone Conference held on 12/6/2017. (jcs)
December 6, 2017 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)
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 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)
November 28, 2017 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 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 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 Filing 902 NOTICE OF APPEARANCE by Michelle Elizabeth Conston on behalf of Haverhill Retirement System. (Conston, Michelle)
November 28, 2017 Filing 901 NOTICE OF APPEARANCE by Michael E. Klenov on behalf of Haverhill Retirement System. (Klenov, Michael)
November 27, 2017 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 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 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 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 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 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 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 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 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 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 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 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 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 Minute Entry for proceedings held before Judge Lorna G. Schofield: Status Conference held on 9/29/2017. (jcs)
September 29, 2017 Set/Reset Deadlines: Motions due by 1/12/2018. Replies due by 4/23/2018. (kgo)
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 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 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 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 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 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 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 27, 2017 >>>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 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 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 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 >>>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 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 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 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 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 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 6, 2017 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 Minute Entry for proceedings held before Judge Lorna G. Schofield: Motion Hearing held on 9/5/2017. (jcs)
September 5, 2017 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 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 Filing 859 NOTICE OF APPEARANCE by Tansy Woan on behalf of JPMorgan Chase & Co., JPMorgan Chase Bank National Association. (Woan, Tansy)
September 1, 2017 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 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 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 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 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 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 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 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 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 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 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 Filing 846 SEALED DOCUMENT placed in vault.(mps)
August 22, 2017 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 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 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 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 Filing 841 NOTICE of Change of Firm Name. Document filed by Fresno County Employees Retirement Association. (Seaver, Todd)
August 16, 2017 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 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 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 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 >>>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 8, 2017 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 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 >>>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 7, 2017 Set/Reset Deadlines: Responses due by 8/22/2017 (kgo)
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 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 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 3, 2017 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 ***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 ***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 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 14, 2017 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 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 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 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 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 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 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 Set/Reset Deadlines: Responses due by 7/7/2017 (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 27, 2017 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 Set/Reset Deadlines: Motions due by 6/27/2017. (kgo)
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 26, 2017 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 ***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 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 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 Filing 763 NOTICE OF APPEARANCE by Sarah Rebecca Lafrreniere on behalf of Haverhill Retirement System. (Lafrreniere, Sarah)
May 4, 2017 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 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 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 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 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 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 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 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 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 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 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 Filing 749 MOTION for Joel S. Sanders to Withdraw as Attorney . Document filed by UBS AG, UBS Securities LLC.(Sanders, Joel)
March 31, 2017 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 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 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 >>>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 21, 2017 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 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 >>>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 15, 2017 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 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 14, 2017 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 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 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 >>>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 10, 2017 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 >>>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 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 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 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 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 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 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 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 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 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 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 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 Filing 725 NOTICE OF APPEARANCE by Steven M. Nathan on behalf of Haverhill Retirement System. (Nathan, Steven)
February 10, 2017 Terminate Transcript Deadlines (ama)
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 8, 2017 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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