Menaldi v. Och-Ziff Capital Management Group LLC et al
Plaintiff: Arthur Menaldi
Defendant: Och-Ziff Capital Management Group LLC, Daniel S. Och and Joel M. Frank
Case Number: 1:2014cv03251
Filed: May 5, 2014
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: J. Paul Oetken
Nature of Suit: Securities/Commodities/Exchanges
Cause of Action: 15:78
Jury Demanded By: Plaintiff

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Date Filed Document Text
September 14, 2018 Opinion or Order Filing 186 OPINION AND ORDER: re: 175 LETTER MOTION to Seal Document 173 Letter addressed to Judge J. Paul Oetken from Robert F. Serio dated June 8, 2018 filed by Och-Ziff Capital Management Group LLC, 157 LETTER MOTION for Leave to File sur-reply in o pposition to Plaintiffs' motion for class certification [ECF No. 60] addressed to Judge J. Paul Oetken from Robert F. Serio dated January 18, 2018 filed by Och-Ziff Capital Management Group LLC, 60 MOTION to Certify Class filed by Julie Lemond , Ralph Langstadt. For the foregoing reasons, the motion for class certification is GRANTED. The motions at Docket Numbers 157 and 175 are also GRANTED. Ralph Langstandt and Julie Lemond are appointed lead plaintiffs, and Pomerantz LLP and The Rosen Law Firm, P.A. are appointed class counsel. The Clerk of Court is directed to close the motions at Docket Numbers 60, 157, and 175. SO ORDERED. (Signed by Judge J. Paul Oetken on 9/14/2018) (ama)
September 29, 2017 Opinion or Order Filing 136 OPINION AND ORDER: re: 103 MOTION to Dismiss Consolidated Second Amended Class Action Complaint filed by Daniel S. Och, 96 MOTION to Dismiss defendant Och-Ziff Capital Management Group LLC's Notice of Motion to Dismiss those Portions of th e Second Amended Complaint that Seek to Revive Previously Dismissed Claims or Assert New Claims filed by Och-Ziff Capital Management Group LLC, 100 MOTION to Dismiss Second Amended Complaint filed by Joel M. Frank, 86 MOTION to Amend/Correct PL AINTIFFS NOTICE OF MOTION FOR LEAVE TO AMEND THE COMPLAINT TO RENEW CLAIMS AGAINST DEFENDANT MICHAEL COHEN filed by Julie Lemond, Ralph Langstadt. For the foregoing reasons, the claims that survived Menaldi I remain; the others are dismissed. Accord ingly, Plaintiffs' motion to renew claims against Cohen is DENIED. The motions to dismiss by Och-Ziff, Och, and Frank are GRANTED insofar as they seek to dismiss the new or renewed claims in the New Complaint. The Clerk of Court is directed to d ismiss Cohen from this suit and close the motions at Docket Numbers 86, 96, 100, and 103.The parties shall comply with the deadlines set forth in the Stipulation and Order at Docket Number 71. The remaining Defendants shall file answers to the surviving claims of the Consolidated Second Amended Class Action Complaint within 30 days of the date of this Opinion and Order. SO ORDERED. (Signed by Judge J. Paul Oetken on 9/29/2017) (ama)
September 14, 2016 Opinion or Order Filing 65 Vacated as per Judge's Order dated 9/14/2016, Doc. # 67 OPINION AND ORDER: re: 60 MOTION to Certify Class filed by Julie Lemond, Ralph Langstadt. Based on these considerations, and the absence of opposition from Defendants, IT IS HEREBY ORDERED THAT: The action is certified as a class action as to all claims and defenses at issue in the Consolidated Amended Class Action Complaint pursuant to Rule 23(b)(3) of the Federal Rules of Civil Proc edure; The "Class" of Plaintiffs is defined as follows: All persons who purchased Och-Ziff securities between February 9, 2012 and August 22, 2014, both dates inclusive (the "Class Period"); Excluded from the Class are Defendants, current and former officers and directors of Och-Ziff, members of their immediate families and their legal representatives, heirs, successors or assigns, and any entity in which Defendants have or had a controlling interest; Lead Plaintiffs Ralph La ngstadt and Julie Lemond (collectively "Plaintiffs") are appointed as the representatives of the Class; Pomerantz LLP and The Rosen Law Firm, P.A. are appointed as co-lead counsel for the Class for all purposes in this action. The Clerk of Court is directed to close the motion at Docket Number 60. SO ORDERED. (Signed by Judge J. Paul Oetken on 9/14/2016) (ama) Modified on 9/14/2016 (ama).
May 6, 2016 Opinion or Order Filing 56 OPINION AND ORDER re: 40 MOTION for Reconsideration re; 39 Memorandum & Opinion, NOTICE OF MOTION BY DEFENDANTS OCH-ZIFF CAPITAL MANAGEMENT GROUP LLC, DANIEL S. OCH, AND JOEL M. FRANK FOR PARTIAL RECONSIDERATION OF THE COURT'S FEB RUARY 17, 2016 OPINION AN filed by Daniel S. Och, Joel M. Frank, Och-Ziff Capital Management Group LLC. Having reviewed the record and the parties memoranda of law, and having considered all the arguments contained therein, the Court concludes that there is no basis for reconsideration of this Court's February 17 Order. Accordingly, Defendants motion is DENIED. The Clerk of the Court is directed to close the motion at docket number 40. SO ORDERED. (Signed by Judge J. Paul Oetken on 5/06/2016) (ama)
February 17, 2016 Opinion or Order Filing 39 MEMORANDUM AND OPINION re: 23 MOTION to Dismiss / Motion to Dismiss Plaintiffs' Consolidated Amended Class Action Complaint. filed by Daniel S. Och, Joel M. Frank, Och-Ziff Capital Management Group LLC, 26 MOTION to Dismis s the Amended Class Action Complaint. filed by Michael Cohen. For the foregoing reasons, Defendant Michael Cohen's motion to dismiss is GRANTED, and the remaining Defendants' motion to dismiss is GRANTED in part and DENIED in part . Plaintiffs' Rule 10b-5(b) claim against Defendant Cohen is dismissed in its entirety. Plaintiffs' Rule 10b-5(b) claim against Defendants Och-Ziff, Och, and Frank is dismissed insofar as it relies on a duty to disclose uncharged wrongdo ing, but the motion to dismiss is denied insofar as Plaintiffs allege Rule 10b-5(b) violations with respect to statements about pending regulatory proceedings. Plaintiffs' scheme liability claim is dismissed as to all Defendants. Plaintiffs&# 039; control person liability claim is dismissed as to Defendant Cohen, but the motion to dismiss is denied as to alleged § 20(a) violations by Defendants Och and Frank. Defendants are instructed to file responses to the claims that remain on or before March 9, 2016. The Clerk of Court is directed to close the motions at docket numbers 23 and 26. (As further set forth in this Order.) (Signed by Judge J. Paul Oetken on 2/17/2016) (kgo)
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Plaintiff: Arthur Menaldi
Represented By: Jeremy Alan Lieberman
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Defendant: Och-Ziff Capital Management Group LLC
Represented By: Robert F. Serio
Represented By: Aric Hugo Wu
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Defendant: Daniel S. Och
Represented By: Robert F. Serio
Represented By: Aric Hugo Wu
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Defendant: Joel M. Frank
Represented By: Robert F. Serio
Represented By: Aric Hugo Wu
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