Alaska Electrical Pension Fund v. Bank Of America Corporation et al
| Alaska Electrical Pension Fund |
| Bank Of America Corporation, Barclays Bank PLC, BNP Paribas SA, CitiGroup Inc., Credit Suisse AG, Deutsche Bank AG, Goldman Sachs & Co., HSBC Bank PLC, J.P. Morgan Chase & Co., Royal Bank of Scotland PLC, UBS AG, Nomura Securities International, Inc., JPMorgan Chase & Co., Wells Fargo Bank, N.A. and ICAP Capital Markets, LLC |
| 1:2014cv07126 |
| September 4, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Jesse M. Furman |
| Antitrust |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
765
ORDER APPROVING DISTRIBUTION OF THE NET SETTLEMENT FUNDS: NOW, THEREFORE, IT IS HEREBY ORDERED THAT: This Order hereby incorporates by reference the definitions in the Stipulations and Agreements of Settlement filed in this Action (ECF Nos. 226-1 thr ough 226-7, 331-1, 490-1 and 490-2, and 667-1) (the Stipulations), and all capitalized terms, unless otherwise defined herein, shall have the same meanings as set forth in the Stipulations or the Borges Declaration. The Court has jurisdiction over th e subject matter of the Action and over all parties to the Action, including all Claimants. Plaintiffs' Motion to distribute the Net Settlement Funds to Authorized Claimants is GRANTED. All fees and expenses incurred in connection with the admin istration of the Settlement Funds and Epiq's estimated fees and expenses expected to be incurred in connection with the Initial Distribution of the Net Settlement Funds are approved. Unless otherwise ordered by the Court, one year after all fund s have been distributed, Epiq shall destroy the paper and electronic copies of Claim Forms and all supporting documentation of the same. 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. And as set forth herein. IT IS SO ORDERED. (Signed by Judge Jesse M. Furman on 2/26/2020) (ama)
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Filing
740
MEMORANDUM OPINION AND ORDER. Lead counsel's motion for fees, expenses, and incentive awards is GRANTED as modified. No later than December 5, 2018, lead counsel shall submit a proposed order consistent with this Memorandum Opinion and Order. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/29/18) (yv)
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Filing
568
OPINION AND ORDER re: 429 JOINT LETTER MOTION for Oral Argument re: 396 JOINT MOTION to Dismiss - Notice of Non-Settling Defedants' Joint Motion to Partially Dismiss Plaintiffs' Antitrust Claims addressed to Judge Jesse M. Furman from Joshua Goldberg dated filed by Morgan Stanley & Co. LLC, BNP Paribas, Nomura Securities International, Inc., ICAP Capital Markets, LLC, Wells Fargo Bank, N.A., HSBC Bank USA, N.A., UBS AG, 396 JOINT MOTION to Dismiss - Notice of Non-Settling Defendants' Joint Motion to Partially Dismiss Plaintiffs' Antitrust Claims filed by Morgan Stanley & Co. LLC, BNP Paribas, Nomura Securities International, Inc., ICAP Capital Markets, LLC, Wells Far go Bank, N.A., HSBC Bank USA, N.A., UBS AG, 398 MOTION to Dismiss Counts II and IV of the Second Consolidated Amended Class Action Complaint filed by Wells Fargo Bank, N.A., 401 MOTION to Dismiss the Second and Fourth Cla ims for Relief in the Second Consolidated Amended Class Action Complaint filed by Nomura Securities International, Inc., 417 LETTER MOTION for Leave to File Amended Complaint addressed to Judge Jesse M. Furman from Daniel L. B rockett, David W. Mitchell and Christopher M. Burke dated April 4, 2017 filed by The County of Montgomery, The County of Washington, The City of New Britain, Alaska Electrical Pension Fund, Erste Abwicklungsanstalt (EAA), UNIQA Capital M arkets GmbH, on behalf of UNIQA Dollar Bond, Portigon AG, Genesee County Employees' Retirement System, Pennsylvania Turnpike Commission. For the reasons stated above, Defendants' joint partial motion to dismiss is DENIED, Nomu ra Securities' partial motion to dismiss is GRANTED, and Wells Fargo's partial motion to dismiss is DENIED as to Portigon AG and EAA and GRANTED as to all other Plaintiffs' state-law claims. Finally, Plaintiffs' motion to amend is DENIED. The Clerk of Court is directed to terminate Docket Nos. 396, 398, 401, 417, and 429. (Signed by Judge Jesse M. Furman on 2/2/2018) (mro)
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Filing
379
MEMORANDUM OPINION AND ORDER re: 352 MOTION to Amend/Correct 1 Complaint filed by Alaska Electrical Pension Fund. For the reasons set forth within, Plaintiffs' motion to amend is GRANTED. Plaintiffs shall file their Amended Complaint redacted in accordance with Defendants' request within three days of this Memorandum Opinion and Order. The Clerk of Court is directed to terminate Docket No. 352. (Signed by Judge Jesse M. Furman on 2/1/2017) (ab)
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Filing
372
MEMORANDUM OPINION AND ORDER re: 333 JOINT MOTION to Compel the production of related transaction information filed by Morgan Stanley & Co. LLC, Nomura Securities International, Inc., ICAP Capital Markets, LLC, Wells Farg o Bank, N.A., BNP Paribas SA, HSBC Bank USA, N.A., UBS AG, 358 JOINT LETTER MOTION for Leave to File Sur-Reply to the Non-Settling Defendants' Reply Memorandum of Law in Support of Their Joint Motion to Compel (Dkt. 356) add ressed to Judge Jesse M. Furman from Daniel L. Brockett, David W. Mitchell filed by The County of Montgomery, The County of Washington, The County of Westmoreland, The City of New Britain, Alaska Electrical Pension Fund, The County of Bea ver, Magnolia Regional Health Center, Genesee County Employees' Retirement System. For the foregoing reasons, Defendants' motion to compel is DENIED. The Clerk of Court is directed to terminate Docket Nos. 333 and 358. (As further set forth in this Memorandum Opinion and Order.) (Signed by Judge Jesse M. Furman on 1/26/2017) (mro)
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Filing
357
MEMORANDUM OPINION AND ORDER re: 338 LETTER MOTION for Conference to resolve discovery dispute regarding regulatory materials addressed to Judge Jesse M. Furman from Daniel L. Brockett dated December 19, 2016 filed by The County of Montgomery, Alaska Electrical Pension Fund, The County of Washington, The City of New Britain, Genesee County Employees' Retirement System. For the reasons stated above, the Court concludes that Defendants have waived work-product protection and must therefore turn over the more "targeted" set of materials within the scope of Plaintiffs' revised request. Accordingly, Plaintiffs' motion to compel is GRANTED, and Defendants are ordered to produce the rel evant materials within one week of this Memorandum Opinion and Order. The Clerk of Court is directed to terminate Docket No. 338. (As further set forth in this Memorandum Opinion and Order.) (Signed by Judge Jesse M. Furman on 1/20/2017) (mro)
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Filing
306
OPINION AND ORDER: For the reasons stated above, Plaintiffs' motion to compel is DENIED, albeit without prejudice to renewal in the event that Defendants refuse to comply with narrower, more proper discovery requests. One housekeeping matter remains: By letter, Plaintiffs sought leave to file certain documents in redacted form. (Docket No. 282). The Court granted the motion temporarily, pending its decision on the underlying dispute. (Docket No. 283). Filings that are "r elevant to the performance of the judicial function and useful in the judicial process" are considered "judicial documents" to which a presumption in favor of public access attaches. Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 1 10, 119 (2d Cir. 2006). Moreover, the mere fact that information is subject to a confidentiality agreement between litigants is not a valid basis to overcome that presumption. See, e.g., United States v. Wells Fargo Bank N.A., No. 12-CV-7527 (JM F), 2015 WL 3999074, at *4 (S.D.N.Y. June 30, 2015) (citing cases). Thus, any party that believes any redacted material should remain redacted is ORDERED to show cause in writing, no later than two weeks from the date of this Opinion and Order, wh y doing so would be consistent with the presumption in favor of public access. If, by that deadline, no party contends that a particular document should remain under seal or in redacted form, then Plaintiffs shall promptly file that document on ECF. (Signed by Judge Jesse M. Furman on 11/16/2016) (mro)
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Filing
209
OPINION AND ORDER re: 172 JOINT MOTION to Dismiss the Consolidated Amended Class Action Complaint: For the reasons set forth within,Defendants' motion to dismiss is GRANTED in part and DENIED in part. Specifically, Plaintiffs 9; tortious interference and breach-of-implied-faith claims are dismissed in their entirety, as are Plaintiffs' breach-of-contract and unjust enrichment claims against Nomura. Plaintiffs' remaining claims namely, their antitrust claim against all Defendants and their breach-of-contract and unjust enrichment claims against all Defendants other than Nomura (and ICAP, against whom they were not brought) survive. The Clerk of Court is directed to terminate Docket No. 172. (Signed by Judge Jesse M. Furman on 3/28/2016) (ab) Modified on 3/28/2016 (ab).
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