AGFA Corporation v. The Goldman Sachs Group, Inc. et al
| AGFA Corporation |
| The Goldman Sachs Group, Inc., Metro International Trade Services LLC, JP Morgan Chase & Company, Henry Bath LLC, Glencore Xstrata, PLC, Pacorini Metals USA LLC and London Metal Exchange, Ltd |
| 1:2014cv00211 |
| January 10, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Katherine B. Forrest |
| Anti-Trust |
| 15 U.S.C. ยง 1 Antitrust Litigation (Monopolizing Trade) |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
267
ORDER GRANTING LEAVE TO WITHDRAW granting (1396 in case 1:13-md-02481-PAE) Motion to Withdraw as Attorney. IT IS HEREBY ORDERED that Henry B. Liu is granted leave to withdraw as counsel of record for Defendants Henry Bath LLC, JP Morgan Chase & Co., JPMorgan Chase Bank, N.A., and JP Morgan Securities plc in this action. The Clerk of the Court is respectfully directed to remove Mr. Liu from the docket and from the service list in this action. (Signed by Judge Paul A. Engelmayer on 8/1/2023) (vfr)
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Filing
266
ORDER TO WITHDRAW STEVEN M. JODLOWSKI AS ATTORNEY OF RECORD: IT IS HEREBY ORDERED that Steven M. Jodlowski be withdrawn as Counsel for First-Level Purchaser Plaintiffs Ampal, Inc., Custom Aluminum Products, Inc., Claridge Products and Equipment, Inc., and Extruded Aluminum Corporation in the above-referenced action. IT IS SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/17/2023) (ks)
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Filing
265
ORDER TO WITHDRAW PATRICK J. COUGHLIN AS ATTORNEY AS ATTORNEY OF RECORD granting 1390 in 13-md-02481-PAE Motion to Withdraw as Attorney. Patrick J. Coughlin be withdrawn as Counsel for First-Level Purchaser Plaintiffs Ampal, Inc., Custom Aluminum Products, Inc., Claridge Products and Equipment, Inc. and Extruded Aluminum Corporation in this action. (Signed by Judge Paul A. Engelmayer on 3/28/2023) (rro)
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Filing
264
ORDER TO WITHDRAW BRIAN O. O'MARA AS ATTORNEY OF RECORD granting [1386 Motion to Withdraw as Attorney in 13-md-2481-PAE]. The motion of Brian 0. O'Mara to withdraw as attorney of record in the above-referenced action is granted. As further set forth by this Order. IT IS SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/18/2023) (tg)
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Filing
261
MEMO ENDORSEMENT granting [1381 in 1:13-md-02481-PAE] MOTION for Kristen M. Anderson to Withdraw as Attorney. ENDORSEMENT: Granted. SO ORDERED. *** Attorney Kristen M. Anderson terminated. (Signed by Judge Paul A. Engelmayer on 8/8/2022) (jca)
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Filing
260
ORDER: On January 28, 2022, the Court received a request on consent from plaintiffs for (1) leave to file a supplemental declaration from plaintiffs' expert, Dr. James Burrows, to respond to the supplemental declaration from defendants' expert, Dr. Mark Israel, and (2) an extension for plaintiffs to file their response to summary judgment and Daubert motions from March 14, 2022 to April 22, 2022, and a related extension for defendants replies to the motion for summary judgment an d Daubert motions from April 13, 2022 to June 3, 2022. Dkt. 1356. The Court is prepared to grant these sensible requests, provided that the proposed schedule be modified to provide for the final briefs to be submitted by May 20, 2022. That is to ac commodate the Court's schedule as to the turnover of law clerks. The May 20 date will allow the Court's current law clerk assigned to the case sufficient time to work on these motions once fully briefed. The Court directs the parties to submit a proposed revised such schedule for its review by February 4, 2022. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/31/2022) Filed In Associated Cases: 1:13-md-02481-PAE et al. (jca)
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Filing
253
ORDER: A telephonic conference in this case is presently scheduled for March 12, 2021 at 11:00 a.m. Dkt. 1321. Due to a conflict with a criminal conference on the Court's schedule, the conference in this case is rescheduled for 1:00 p.m. the same day. The conference will remain telephonic, using the same dial-in information provided in the original scheduling order. SO ORDERED. (Telephone Conference set for 3/12/2021 at 01:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 3/3/2021) Filed In Associated Cases: 1:13-md-02481-PAE et al. (jca)
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Filing
251
ORDER: The Court hereby schedules the next telephonic conference in this case for Friday, March 12, 2021, at 11:00 a.m., using the Court's teleconference system: Dial-in Number: (888) 363-4749 Access Code: 468-4906 By Wednesday, March 3, 2021 , counsel are directed to submit a joint letter setting forth the parties' views as to next steps in the case, summarizing any other recent developments in the case, and identifying the call participants for each remaining party. SO ORDERED. (Telephone Conference set for 3/12/2021 at 11:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 2/17/2021) (jca)
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Filing
245
ORDER granting (1304) Letter Motion to Seal in case 1:13-md-02481-PAE et al: The Court has received defendants' letter motion to file under seal their reply to plaintiffs' response to defendants' statement of undisputed material facts. Having reviewed the proposed redactions, the Court grants defendants' request. The Clerk of Court is respectfully directed to close the motions pending at docket 1304 in 13-md-2481, docket 242 in 14 Civ. 211, docket 267 in 14 Civ. 217, docket 458 in 14 Civ. 3116, docket 177 in 14 Civ. 6849, and docket 231 in 15 Civ. 8307. (Signed by Judge Paul A. Engelmayer on 11/23/2020) Filed In Associated Cases: 1:13-md-02481-PAE et al. (jwh)
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Filing
240
ORDER granting (1293) Letter Motion to Seal in case 1:13-md-02481-PAE et al: The Court has received plaintiffs' letter motion to file under seal their memorandum of law in opposition to defendants' motion for summary judgment, their respons e to defendants' statement of undisputed material facts, and certain exhibits cited therein in each of the above-captioned cases. Having reviewed the proposed redactions and documents to be filed under seal, the Court grants plaintiffs' req uest. The Clerk of Court is respectfully directed to close the motions pending at docket 1293 in 13-md-2481, docket 231 in 14 Civ. 211, docket 256 in 14 Civ. 217, docket 447 in 14 Civ. 3116, docket 166 in 14 Civ. 6849, and docket 220 in 15 Civ. 8307. (Signed by Judge Paul A. Engelmayer on 10/21/2020) Filed In Associated Cases: 1:13-md-02481-PAE, 1:14-cv-00211-PAE, 1:14-cv-00217-PAE, 1:14-cv-03116-PAE, 1:14-cv-06849-PAE (jwh)
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Filing
230
ORDER: granting (1285) Letter Motion to Seal in case 1:13-md-02481-PAE; granting (223) Letter Motion to Seal in case 1:14-cv-00211-PAE; granting (248) Letter Motion to Seal in case 1:14-cv-00217-PAE; granting (439) Letter Motion to Seal in case 1:14- cv-03116-PAE; granting (158) Letter Motion to Seal in case 1:14-cv-06849-PAE. The Court has received the defendants' letter motion to file under seal their statement of undisputed material facts and certain exhibits cited therein in each of the above-captioned cases. Having reviewed the proposed redactions and documents to be filed under seal, the Court grants defendants' request. The Clerk of Court is respectfully directed to grant the motions pending at docket 1285 in 13-md-2481, doc ket 223 in 14 Civ. 211, docket 248 in 14 Civ. 217, docket 439 in 14 Civ. 3116, docket 158 in 14 Civ. 6849, and docket 212 in 15 Civ. 8307. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/03/2020) Filed In Associated Cases: 1:13-md-02481-PAE, 1:14-cv-00211-PAE, 1:14-cv-00217-PAE, 1:14-cv-03116-PAE, 1:14-cv-06849-PAE (ama)
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Filing
222
ORDER: For the reasons set forth on the record at today's conference, the Court hereby sets the following schedule and deadlines with regard to the defendants' proposed consolidated summary judgment motion: Defendants' motion for summ ary judgment and opening brief are due September 2, 2020. Plaintiffs' opposition brief is due October 20, 2020. Defendants' reply is due November 20, 2020. Further, the Court hereby schedules oral argument in this case for Friday, Decemb er 11, 2020, at 2:00 p.m. using the Court's teleconference system. Dial-in Number: (888) 363-4749 or (215) 446-3662 Access Code: 468-4906. (Motions due by 9/2/2020. Responses due by 10/20/2020. Replies due by 11/20/2020. Telephone Conference set for 12/11/2020 at 02:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 8/19/2020) Filed In Associated Cases: 1:13-md-02481-PAE et al. (jwh)
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Filing
216
ORDER: The Court hereby schedules the next telephonic conference in this case for Friday, May 22, 2020, at 10 a.m., using the Court's teleconference system. Dial-in Number: (888) 363-4749 or (215) 446-3662 Access Code: 468-4906, as further set forth in this order. (Telephone Conference set for 5/22/2020 at 10:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 5/13/2020) Filed In Associated Cases: 1:13-md-02481-PAE et al. (jwh)
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Filing
214
ORDER: The Court hereby schedules the next telephonic conference in this case for Thursday, February 20, 2020, at 9 a.m. The Court directs lead counsel for plaintiffs to provide the Court and the defense with a dial-in number for the call. The Court further directs that, two days prior to the call, counsel submit a brief joint letter summarizing recent developments in the case and identifying the call participants for each side. (Telephone Conference set for 2/20/2020 at 09:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 1/17/2020) Filed In Associated Cases: 1:13-md-02481-PAE et al.(jwh)
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Filing
209
ORDER: At the November 4, 2019 conference in this multi-district litigation, the Court advised counsel of its intention to have a monthly telephone conference with counsel. The purpose of the conference is to keep the Court abreast of relevant develo pments in the litigation and to give the Court a forum to inquire about such matters with counsel. The Court hereby schedules the first such conference for Friday, December 6, 2019, at 9 a.m. The Court directs lead counsel for plaintiffs to provide t he Court and the defense with a dial-in number for the call. Although other counsel on the case are of course welcome to audit the call, the Court expects that no more than three lawyers per side will participate on the call. The Court directs that, two days prior to the call, counsel submit a brief joint letter summarizing recent developments in the case and identifying the call participants for each side. (Telephone Conference set for 12/6/2019 at 09:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 11/19/2019) Filed In Associated Cases: 1:13-md-02481-PAE et al.(jwh)
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Filing
193
OPINION & ORDER: For the reasons set forth above, this Court DISMISSES the following actions: Agfa Corporation and Agfa Graphics, N.V. v. The Goldman Sachs Group, Inc., et al., Case No. 14-cv-211; Mag Instrument Inc. v. The Goldman Sachs Group, Inc. et al., Case No. 14-cv-217; Eastman Kodak Company v. The Goldman Sachs Group, Inc. et al., Case No. 14-cv-6849; FUJIFILM Manufacturing U.S.A., Inc. v. Goldman Sachs & Co. et al., 15-cv-8307; and Reynolds Consumer Products LLC and Southwire Company, L LC v. Glencore AG et al., Case No. 16-cv-5955. In addition, as it would be futile to allow the amendment proposed by the Reynolds and Southwire plaintiffs (see Case No. 16-cv-5955, ECF Nos. 67, 69), that motion is also DENIED. The Clerk of Court is directed to terminate the motion at Case No. 16-cv-5955, ECF No. 67. (Signed by Judge Katherine B. Forrest on 11/30/2016) Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-00211-KBF, 1:14-cv-00217-KBF, 1:14-cv-06849-KBF(cla)
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Filing
179
OPINION & ORDER re: (1049 in 1:13-md-02481-KBF) JOINT MOTION for Judgment on the Pleadings filed by Goldman Sachs & CO., MITSI Holdings LLC, Metro International Trade Services, L. L. C., Goldman Sachs International, J. Aron & Co. For the reasons set forth above, the Court GRANTS defendants' motion to dismiss the TAC. The Clerk of Court is directed to close the motion at ECF No. 1049 and to terminate the following actions: 13-md-2481, 14-cv-0211, 14-cv-0217, 14-cv-3116, 14-cv-6849, 15-cv-8307 and 16-cv-5955. (Signed by Judge Katherine B. Forrest on 10/5/2016) Filed In Associated Cases: 1:13-md-02481-KBF et al. MDL Clerk notified.(cla)
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Filing
138
OPINION & ORDER re: (654 in 1:13-md-02481-KBF) MOTION to Dismiss Amended Complaint Filed by Eastman Kodak Company. filed by Glencore Ltd., (208 in 1:14-cv-03116-KBF) MOTION to Dismiss Amended Complaint Filed by Eastman Kodak Co mpany. filed by Glencore Ltd. For all of the reasons set forth above, defendants' motions to dismiss the JAC are DENIED and plaintiffs' motion for leave to amend the JAC is GRANTED; plaintiffs' motion for leave to amend the TA C is GRANTED IN PART and DENIED IN PART. The FLPs may assert the Third, Fifth, Sixth, and Ninth Claims for Relief stated in the TAC. Mag, Agfa, and Kodak may assert all claims in the JAC. Discovery in this matter shall proceed immediately. The part ies are directed to confer on a schedule for the remainder of this case including fact and expert discovery, briefing on class certification with regard to the TAC, final motions for summary judgment (this Court takes motions for summary judgment , in whole or in part, at any time), and trial. The parties shall submit a joint proposed schedule within one week of the date of this Opinion. The Clerk of Court is directed to close the motion at ECF No. 654. (Signed by Judge Katherine B. Forrest on 3/26/2015) Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-00211-KBF, 1:14-cv-00217-KBF, 1:14-cv-03116-KBF, 1:14-cv-06849-KBF(lmb)
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Filing
136
CORRECTED OPINION & ORDER re: (204 in 1:14-cv-03116-KBF) MOTION to Dismiss Eastman Kodak Company's Amended Complaint. filed by Pacorini Metals AG, Pacorini Metals USA LLC, (36 in 1:14-cv-06849-KBF) MOTION to Dismiss Notice of Motion by Defendant s to Dismiss the Amended Complaint. filed by Glencore Ltd., Pacorini Metals AG, Pacorini Metals USA L.L.C., Henry Bath LLC, JP Morgan Chase & Company, Metro International Trade Services L.L.C., The Goldman Sachs Group Inc, (648 in 1:13-md-02481-KBF) MOTION to Dismiss Eastman Kodak Company's Amended Complaint. filed by Pacorini Metals AG, Pacorini Metals USA, LLC, (649 in 1:13-md-02481-KBF) MOTION to Dismiss Notice of Motion by Defendants to Dismiss the Amended Complaint. filed by Glencore L td., Pacorini Metals AG, Pacorini Metals USA, LLC, Henry Bath LLC, The Goldman Sachs Group Inc., JP Morgan Chase & Co, Metro International Trade Services, L. L. C. For all of the reasons set forth above, defendants' motion to dismiss the JAC (EC F No. 649) is GRANTED as to The Goldman Sachs Group, Inc., JPMorgan Chase & Co., and Pacorini Metals AG. The motion by Pacorini Metals USA, LLC and Pacorini Metals AG to dismiss the JAC (ECF No. 648) is GRANTED as to Pacorini Metals AG. Plaintiffs� 39; motions for leave to amend their complaints (ECF Nos. 608, 610, 631) are DENIED to the extent they seek to join The Goldman Sachs Group, Inc., JPMorgan Chase & Co., Glencore International AG, Glencore UK Ltd.,and Pacorini Metals AG as defendants. (Signed by Judge Katherine B. Forrest on 3/23/2015) Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-00211-KBF, 1:14-cv-00217-KBF, 1:14-cv-03116-KBF, 1:14-cv-06849-KBF(kko)
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Filing
135
OPINION & ORDER re: (204 in 1:14-cv-03116-KBF) MOTION to Dismiss Eastman Kodak Company's Amended Complaint. filed by Pacorini Metals AG, Pacorini Metals USA LLC, (36 in 1:14-cv-06849-KBF) MOTION to Dismiss Notice of Motio n by Defendants to Dismiss the Amended Complaint. filed by Glencore Ltd., Pacorini Metals AG, Pacorini Metals USA L.L.C., Henry Bath LLC, JP Morgan Chase & Company, Metro International Trade Services L.L.C., The Goldman Sachs Group Inc, (648 in 1:13-md-02481-KBF) MOTION to Dismiss Eastman Kodak Company's Amended Complaint. filed by Pacorini Metals AG, Pacorini Metals USA, LLC, (649 in 1:13-md-02481-KBF) MOTION to Dismiss Notice of Motion by Defendants to Dismiss the Amended Complaint. filed by Glencore Ltd., Pacorini Metals AG, Pacorini Metals USA, LLC, Henry Bath LLC, The Goldman Sachs Group Inc., JP Morgan Chase & Co, Metro International Trade Services, L. L. C. For all of th e reasons set forth above, defendants' motion to dismiss the JAC (ECF No. 649) is GRANTED as to The Goldman Sachs Group, Inc., JPMorgan Chase & Co., and Pacorini Metals AG. The motion by Pacorini Metals USA, LLC and Pacorini Metals AG to dismi ss the JAC (ECF No. 648) is GRANTED as to Pacorini Metals AG. Plaintiffs' motions for leave to amend their complaints (ECF Nos. 608, 610, 631) are DENIED to the extent they seek to join The Goldman Sachs Group, Inc., JPMorgan Chase & Co., Glenco re International AG, Glencore UK Ltd.,and Pacorini Metals AG as defendants., Goldman Sachs Group, Inc., Goldman Sachs Group, Inc., Goldman Sachs Group, Inc., Goldman Sachs Group, Inc., Goldman Sachs Group, Inc., Goldman Sachs Group, Inc., Goldman S achs Group, Inc., Goldman Sachs Group, Inc., Goldman Sachs Group, Incorporated, JP Morgan Chase & Co, JP Morgan Chase & Co., JP Morgan Chase & Co., JP Morgan Chase & Company, JP Morgan Chase & Company, JP Morgan Chase & Company, JPMorgan Chase & Co, Pacorini Metals AG, Pacorini Metals AG, Pacorini Metals AG, The Goldman Sachs Group Inc, The Goldman Sachs Group Inc, The Goldman Sachs Group Inc., The Goldman Sachs Group, Inc., The Goldman Sachs Group, Inc., Goldman Sachs Group, Inc. and Goldman Sachs Group, Inc. terminated. (Signed by Judge Katherine B. Forrest on 3/4/2015) Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-00211-KBF, 1:14-cv-00217-KBF, 1:14-cv-03116-KBF, 1:14-cv-06849-KBF(lmb)
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Filing
134
OPINION & ORDER re: (21 in 1:14-cv-06849-KBF, 111 in 1:14-cv-00217-KBF, 93 in 1:14-cv-00211-KBF, 608 in 1:13-md-02481-KBF) MOTION to Amend/Correct Complaint. filed by AGFA Corporation, Eastman Kodak Company, Mag Instrument Inc, AGFA Graphics, NV, (651 in 1:13-md-02481-KBF) MOTION to Dismiss Notice of Motion by Defendant Henry Bath & Son LTD. to Dismiss the Amended Complaint. filed by Henry Bath & Son Limited, (195 in 1:14-cv-03116-KBF, 631 in 1:13-md-02481-KBF ) MOTION to Amend/Correct Complaint. filed by Extruded Aluminum Inc., Custom Aluminum Products Inc., Ampal Inc., Claridge Products and Equipment, Incorporated, (38 in 1:14-cv-06849-KBF) MOTION to Dismiss Notice of Motion b y Defendant Henry Bath & Son LTD. to Dismiss the Amended Complaint. filed by Henry Bath & Son Ltd., (180 in 1:14-cv-03116-KBF, 610 in 1:13-md-02481-KBF) MOTION to Amend/Correct Complaint. filed by Extruded Aluminum Inc., Custom Aluminum Products Inc., Ampal Inc., Claridge Products and Equipment, Incorporated. For all of the reasons set forth above, Glencore plc, Henry Bath & Son Ltd., HKEx, and LME Holdings are DISMISSED from this action due to lack of personal jurisdi ction. Plaintiffs motions for leave to amend their complaints (ECF Nos. 608, 610, 631) are DENIED to the extent they seek to join LME Holdings, HKEx, Henry Bath & Son Ltd., and Glencore plc as defendants. Henry Bath & Son Ltd.'s motion to dismi ss the JAC (ECF No. 651) is GRANTED. The Clerk of Court is directed to close the motion at ECF No. 651., Henry Bath & Son Ltd., Henry Bath and Son Limited, Hong Kong Exchanges & Clearing Limited, Hong Kong Exchanges & Clearing, Ltd., LME Holdings Limited, LME Holdings Limited, LME Holdings Limited, LME Holdings Limited, LME Holdings Limited, LME Holdings Limited, Henry Bath & Son Limited and Henry Bath & Son Ltd. terminated. (Signed by Judge Katherine B. Forrest on 3/3/2015) Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-00211-KBF, 1:14-cv-00217-KBF, 1:14-cv-03116-KBF, 1:14-cv-06849-KBF(lmb)
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Filing
104
OPINION & ORDER re: (578 in 1:13-md-02481-KBF, 160 in 1:14-cv-03116-KBF, 70 in 1:14-cv-00211-KBF, 87 in 1:14-cv-00217-KBF) JOINT MOTION for Reconsideration re; (154 in 1:14-cv-03116-KBF) Memorandum & Opinion, PLAINTIFFS JOINT NOTICE OF MOTION AND MOTION FOR RECONSIDERATION OF DISMISSAL OF THE LONDON METAL EXCHANGE ON FOREIGN SOVEREIGN IMMUNITY GROUNDS WITHOUT filed by Custom Aluminum Products, Inc., Admiral Beverage Corporation, Ampal Inc., AGFA Graphics, NV, Extruded Alu minum Corporation, AGFA Corporation, Extruded Aluminum Inc., Ampal, Inc., Mag Instrument Inc, International Extrusions Inc., International Extrusions, Inc., Custom Aluminum Products Inc., Talan Products, Inc., Thule, Inc., Claridg e Products and Equipment, Incorporated, Central Aluminum Company. For the reasons set forth above, plaintiffs' joint motion for reconsideration of the Court's dismissal of the LME on foreign sovereign immunity grounds without leave to re plead and its denial of limited discovery from the LME is DENIED. The Clerk of Court is directed to close the motion at ECF No. 578. The Clerk of Court is also directed to close the following member-case motions: ECF No. 70 in no. 14-cv-211; ECF No. 87 in 14-cv-217; ECF No. 160 in no. 14-cv-3116. (Signed by Judge Katherine B. Forrest on 11/7/2014) Filed In Associated Cases: 1:13-md-02481-KBF et al.(lmb)
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Filing
66
OPINION & ORDER re: (28 in 1:14-cv-03122-KBF) JOINT MOTION to Dismiss State Law Claims filed by JPMorgan Chase & Company, Metro International Trade Services LLC, Henry Bath LLC, The Goldman Sachs Group, Inc., London Metal Excha nge Limited, Pacorini Metals USA LLC, GS Power Holdings LLC, (327 in 1:13-md-02481-KBF) MOTION to Dismiss Consolidated Amended Complaints For Lack of Personal Jurisdiction and Failure to State a Claim filed by LME Holdings Limited, (14 in 1:14-cv-03121-KBF) MOTION to Dismiss the Amended Complaints filed by Henry Bath LLC, JPMorgan Chase & Co., JP Morgan Chase & Co, (12 in 1:14-cv-03121-KBF) MOTION to Dismiss All Complaints on the Merits filed by London Metal Exchange Limited, (113 in 1:14-cv-03116-KBF) MOTION to Dismiss the Amended Complaints filed by Henry Bath & Son Ltd., (338 in 1:13-md-02481-KBF) MOTION to Dismiss First Level Purchaser Plaintiffs' Second Correct ed Consolidated Amended Class Action Complaint For Failure To State A Claim filed by Glencore Ltd., (72 in 1:14-cv-03116-KBF) MOTION to Dismiss filed by Hong Kong Exchanges & Clearing Limited, (12 in 1:14-cv-03122-KBF) MOTIO N to Dismiss All Complaints on the Merits. filed by London Metal Exchange Limited, (109 in 1:14-cv-03121-KBF) MOTION to Dismiss </i filed by Glencore Xstrata PLC, (119 in 1:14-cv-03116-KBF) MOTION to Dismiss Amended Comp laints filed by Glencore Xstrata, PLC, (12 in 1:14-cv-03116-KBF) MOTION to Dismiss All Complaints on the Merits filed by London Metal Exchange Limited, (10 in 1:14-cv-03122-KBF) JOINT MOTION to Dismiss All Federal and State Antitrust Claims for Lack of Antitrust Standing filed by JPMorgan Chase & Company, Metro International Trade Services LLC, Henry Bath LLC, LME Holdings Limited, Pacorini Metals USA LLC, GS Power Holdings LLC, London Metal Exchange Limited, Goldman Sachs Group, Inc., (19 in 1:14-cv-03122-KBF) MOTION to Dismiss Consolidated Amended Complaints for Lack of Personal Jurisdiction and Failure to State a Claim. filed by LME Holdings Limited, (29 in 1:14-cv-03121-KBF) JOINT MOTION to Dismiss State Law Claims. filed by Pacorini Metals USA, LLC, Metro International Trade Services LLC, Henry Bath LLC, The Goldman Sachs Group, Inc., GS Power Holdings LLC, JPMorgan Chase & Co., London Metal Exch ange Limited, (25 in 1:14-cv-03121-KBF) MOTION to Dismiss Plaintiffs' Antitrust Claims for Failure to State a Claim filed by Pacorini Metals USA, LLC, Metro International Trade Services LLC, The Goldman Sachs Group, Inc., GS Power Holdings LLC, Goldman Sachs Group, Inc., (10 in 1:14-cv-03121-KBF) JOINT MOTION to Dismiss All Federal and State Antitrust Claims for Lack of Antitrust Standing filed by Pacorini Metals USA, LLC, Metro International Trade Servi ces LLC, Goldman Sachs Group Inc., Henry Bath LLC, LME Holdings Limited, GS Power Holdings LLC, London Metal Exchange Limited, JP Morgan Chase & Co, (10 in 1:14-cv-03116-KBF) JOINT MOTION to Dismiss All Federal and State Antitrust C laims for Lack of Antitrust Standing. filed by Pacorini Metals USA L.L.C., Henry Bath LLC, JP Morgan Chase & Co., Metro International Trade Services L.L.C., LME Holdings Limited, GS Power Holdings L.L.C., London Metal Exchange Limit ed, Goldman Sachs Group, Inc., (520 in 1:13-md-02481-KBF) MOTION to Dismiss The Direct Purchaser Plaintiffs' Amended Complaint filed by Pacorini Metals AG, (14 in 1:14-cv-03116-KBF) MOTION to Dismiss the Amended Complaints filed by Henry Bath LLC, JP Morgan Chase & Co., JPMorgan Chase & Co, (22 in 1:14-cv-03116-KBF) JOINT MOTION to Dismiss State Law Claims filed by Glencore Ltd., Pacorini Metals USA L.L.C., Henry Bath LLC, The Goldman Sac hs Group, Inc., JP Morgan Chase & Co., Metro International Trade Services L.L.C., GS Power Holdings L.L.C., London Metal Exchange Limited, (102 in 1:14-cv-03121-KBF) MOTION to Dismiss the Amended Complaints filed by Henry Bath & Son Limited, (316 in 1:13-md-02481-KBF) MOTION to Dismiss Plaintiffs' Antitrust Claims for Failure to State a Claim filed by Glencore Ltd., Pacorini Metals USA, LLC, Metro International Trade Services, L. L. C., MCEPF Metro I, Inc., GS Power Holdings LLC, The Goldman Sachs Group Inc., MITSI Holdings LLC, Goldman Sachs Group, Inc., (331 in 1:13-md-02481-KBF) MOTION to Dismiss the Amended Complaints. filed by Pacorini Metals USA, LLC, (333 in 1:13-md-0 2481-KBF) MOTION to Dismiss All Complaints on the Merits filed by London Metal Exchange Limited, (511 in 1:13-md-02481-KBF) MOTION to Dismiss Amended Complaints filed by Glencore Xstrata plc, Glencore Xstrata PLC, (6 in 1:14-cv-03116-KBF) MOTION to Dismiss the Amended Complaints filed by Pacorini Metals USA LLC, (128 in 1:14-cv-03116-KBF) MOTION to Dismiss The Direct Purchaser Plaintiffs' Amended Complaint filed by Pacorini Metals AG , (24 in 1:14-cv-03122-KBF) MOTION to Dismiss Plaintiffs' Antitrust Claims for Failure to State a Claim filed by Metro International Trade Services LLC, The Goldman Sachs Group, Inc., Pacorini Metals USA LLC, GS Power Holding s LLC, Metro International Services LLC, Goldman Sachs Group, Inc., (75 in 1:14-cv-03121-KBF) MOTION for Corrected Motion for Admission Pro Hac Vice of Terence S. Ziegler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt num ber 0208-9784366. Motion and supporting papers to be reviewed by Clerk's Office st filed by Team Ward Inc., (26 in 1:14-cv-03116-KBF) MOTION to Dismiss Plaintiffs' Antitrust Claims for Failure to Sta te a Claim filed by Metro International Trade Services LLC, The Goldman Sachs Group, Inc., MCEPF Metro I, Inc., GS Power Holdings LLC, MITSI Holdings LLC, Goldman Sachs Group, Inc., (447 in 1:13-md-02481-KBF) MOTION to Dismiss . filed by Hong Kong Exchanges & Clearing, Ltd., (503 in 1:13-md-02481-KBF) MOTION to Dismiss the Amended Complaints filed by Henry Bath & Son Limited, (19 in 1:14-cv-03121-KBF) MOTION to Dismiss Consolidated Amended Comp laints for Lack of Personal Jurisdiction and Failure to State a Claim filed by LME Holdings Limited, (309 in 1:13-md-02481-KBF) MOTION to Dismiss the Amended Complaints filed by Henry Bath LLC, JP Morgan Chase & Co, (6 in 1:14- cv-03121-KBF) MOTION to Dismiss the Amended Complaints filed by Pacorini Metals USA, LLC, (341 in 1:13-md-02481-KBF) JOINT MOTION to Dismiss State Law Claims filed by Glencore Ltd., Pacorini Metals USA, LLC, Henry Bath LL C, Metro International Trade Services, L. L. C., GS Power Holdings LLC, The Goldman Sachs Group Inc., London Metal Exchange Limited, JP Morgan Chase & Co, (14 in 1:14-cv-03122-KBF) MOTION to Dismiss the Amended Complaints filed by JPMorgan Chase & Company, Henry Bath LLC, (19 in 1:14-cv-03116-KBF) MOTION to Dismiss Consolidated Amended Complaints for Lack of Personal Jurisdiction and Failure to State a Claim filed by LME Holdings Limited, (6 in 1:14-cv-03 122-KBF) MOTION to Dismiss the Amended Complaints filed by Pacorini Metals USA LLC, (24 in 1:14-cv-03116-KBF) MOTION to Dismiss First Level Purchaser Plaintiffs' Second Corrected Consolidated Amended Class Action Complaint Fo r Failure To State A Claim filed by Glencore Ltd., (312 in 1:13-md-02481-KBF) JOINT MOTION to Dismiss All Federal and State Antitrust Claims for Lack of Antitrust Standing filed by Glencore Ltd., Pacorini Metals USA, LLC, Henry Bath LLC, Metro International Trade Services, L. L. C., LME Holdings Limited, GS Power Holdings LLC, London Metal Exchange Limited, JP Morgan Chase & Co, Goldman Sachs Group, Inc.: For the reasons set forth above, defend ants' motions to dismiss are GRANTED, except for LME Ltd.s motion to dismiss, which is DENIED AS MOOT. Leave to replead is denied as to the Consumer End Users and Commercial End Users. The Clerk of Court is directed to close the motions at ECF Nos. 309, 312, 316, 327, 331, 333, 338, 341, 447, 503, 511, and 520. (Signed by Judge Katherine B. Forrest on 8/29/2014) ***As per instructions from chambers, filed in all member/related cases: 1:13-md-02481-KBF et al. (tn)
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Filing
65
OPINION & ORDER re: (320 in 1:13-md-02481-KBF) MOTION to Dismiss All Complaints on Sovereign Immunity Grounds, filed by London Metal Exchange Limited, (16 in 1:14-cv-03121-KBF) MOTION to Dismiss All Complaints on Sovereign Immun ity Grounds, filed by London Metal Exchange Limited, (16 in 1:14-cv-03116-KBF) MOTION to Dismiss All Complaints on Sovereign Immunity Grounds, filed by London Metal Exchange Limited, (16 in 1:14-cv-03122-KBF) MOTION to Dismiss All Complaints on Sovereign Immunity Grounds, filed by London Metal Exchange Limited. For the reasons set forth above, the LME's motion to dismiss on sovereign immunity grounds is GRANTED. Leave to replead is denied. The basis for t he Court's decision is both legal and factual, and the factual record here has been amply developed. No amendment could change this Court's determination. The Clerk of Court is directed to close the motion at ECF No. 320. SO ORDERED. (Signed by Judge Katherine B. Forrest on 8/25/2014) Filed In Associated Cases: 1:13-md-02481-KBF et al.(ja)
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