In re: London Silver Fixing, Ltd., Antitrust Litigation
Plaintiff: Don Tran, Kevin Maher, John Hayes, Laurence Hughes, Jerry Barrett, Robert Ceru, American Precious Metals Ltd, Modern Settings LLC, Steven E. Summer, Class Plaintiffs, Rebecca Barrett, KPFF Investment, Inc., Christopher Depaoli, Norman Bailey, J. Scott Nicholson and Eric Nalven
Defendant: The Bank of Nova Scotia, Deutsche Bank Securities, Inc., Scotiabank also known as Scotiamocatta, HSBC Holdings plc, Jane Does 1-100, Barclays Capital Inc., The London Silver Market Fixing, Ltd., BNP Paribas Fortis S.A./N.V., Bank Of America Corporation, Merrill Lynch, Pierce, Fenner & Smith Inc., Deutsche Bank AG, Deutsche Bank Trust Corporation, Deutsche Bank Trust Company Americas, Scotia Capital (USA) Inc., DB U.S. Financial Markets Holding Corporation, Scotia Holdings (US) Inc., HSBC Bank U.S.A. N.A., John Doe Nos. 1-50, Deutsche Bank AG, New York Branch, Scotiabanc Inc., Barclays Capital Services Ltd., Deutsche Bank Americas Holding Corporation, HSBC USA Inc., HSBC Bank PLC, UBS AG, The Bank of Nova Scotia Trust Company of New York, Barclays Bank PLC, HSBC North America Holdings Inc., Bank of America, N.A. and Standard Chartered Bank
Intervenor: U.S. Department Of Justice
Not Classified By Court: Yuri Alishaev, Vega Traders LLC, Morris Jeremias, Abraham Jeremias and Gamma Traders - I LLC
Case Number: 1:2014md02573
Filed: October 14, 2014
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Valerie E Caproni
Nature of Suit: Securities/Commodities
Cause of Action: 15:1
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 17, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 17, 2020 Filing 438 JOINT LETTER addressed to Judge Valerie E. Caproni from the Parties dated January 17, 2020 re: Status of Discovery. Document filed by The Bank of Nova Scotia.(Ehrenberg, Stephen)
December 5, 2019 Filing 437 JOINT LETTER addressed to Judge Valerie E. Caproni from the Parties dated December 5, 2019 re: Status of Discovery. Document filed by Norman Bailey, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Modern Settings LLC(a New York limited liability company), J. Scott Nicholson, Don Tran.(Elman, Deborah)
November 13, 2019 Opinion or Order Filing 436 ORDER: UPON consideration of the November 12, 2019 Letter Motion of Plaintiffs seeking to clarify the permitted redactions and other protections to be employed in Defendants' document productions; UPON Defendants not opposing such motion; and UPON all prior proceedings herein, NOW THEREFORE, it is hereby ORDERED that Defendants shall not redact customer names, for purposes of complying with the common law of England and Wales, contained in documents being produced (other than tabulated data). (Signed by Judge Valerie E. Caproni on 11/13/2019) (ama)
November 12, 2019 Filing 435 JOINT LETTER addressed to Judge Valerie E. Caproni from the Parties dated November 12, 2019 re: Status of Discovery. Document filed by Norman Bailey, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Modern Settings LLC(a New York limited liability company), J. Scott Nicholson, Don Tran.(Elman, Deborah)
November 12, 2019 Filing 434 LETTER MOTION for Discovery regarding Redaction of Defendants' Document Production addressed to Judge Valerie E. Caproni from Plaintiffs dated November 12, 2019. Document filed by Norman Bailey, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), J. Scott Nicholson, Don Tran. (Attachments: #1 Text of Proposed Order)(Elman, Deborah)
October 1, 2019 Filing 433 JOINT LETTER addressed to Judge Valerie E. Caproni from The Parties dated October 1, 2019 re: Status of Discovery. Document filed by The Bank of Nova Scotia.(Ehrenberg, Stephen)
September 17, 2019 Filing 432 NOTICE of Voluntary Withdrawal of Plaintiff. Document filed by Robert Ceru. (Elman, Deborah)
September 17, 2019 Filing 431 NOTICE of of Voluntary Withdrawal of Plaintiff. Document filed by Eric Nalven. (Elman, Deborah)
September 6, 2019 Filing 430 JOINT LETTER addressed to Judge Valerie E. Caproni from the Parties dated September 6, 2019 re: Discovery Status. Document filed by Norman Bailey, Robert Ceru, Class Plaintiffs, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(individually), Eric Nalven, J. Scott Nicholson, Don Tran.(Elman, Deborah)
August 15, 2019 Filing 429 MANDATE of USCA (Certified Copy) USCA Case Number 19-815. Petitioners have filed a petition for a writ of mandamus. Upon due consideration, it is hereby ORDERED that the petition is DENIED because Petitioners have not demonstrated that they have a clear and indisputable right to the issuance of the writ or that the writ is appropriate under the circumstances. See Cheney v. U.S. Dist. Court for D.C., 542 U.S. 367, 38081 (2004).. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 08/15/2019. (nd)
August 1, 2019 Filing 428 LETTER addressed to Judge Valerie E. Caproni from the Parties dated August 1, 2019 re: Status of Discovery. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(individually), Eric Nalven, J. Scott Nicholson, Don Tran.(Skelton, Thomas)
July 26, 2019 Opinion or Order Filing 427 MEMO ENDORSEMENT: on re: (426 in 1:14-md-02573-VEC). Letter filed by The Bank of Nova Scotia. ENDORSEMENT: Application Granted. The Clerk of Court is respectfully directed to terminate docket entry 405. SO ORDERED., Motions terminated: (405 in 1:14-md-02573-VEC) LETTER MOTION to Stay re: (403) Order on Motion to Compel addressed to Judge Valerie E. Caproni from Vincent Briganti & Robert Eisler dated March 29, 2019. filed by Norman Bailey, Christopher Depaoli, Robert Ceru, Don Tran, KPFF Investment, Inc., Laurence Hughes, Kevin Maher, Eric Nalven, J. Scott Nicholson, John Hayes. (Signed by Judge Valerie E. Caproni on 7/26/2019) Filed In Associated Cases: 1:14-md-02573-VEC et al.(ama)
July 25, 2019 Filing 426 LETTER addressed to Judge Valerie E. Caproni from Stephen Ehrenberg dated July 25, 2019 re: Denial of Petition for a Writ of Mandamus. Document filed by The Bank of Nova Scotia.(Ehrenberg, Stephen)
July 17, 2019 Filing 425 LETTER addressed to Judge Valerie E. Caproni from Vincent Briganti & Thomas Laughlin dated July 17, 2019 re: Bank of America Corp. and Merrill Lynch Commodities, Inc.'s July 12 letter. Document filed by Gamma Traders - I LLC, Vega Traders LLC.(Briganti, Vincent)
July 17, 2019 Filing 424 LETTER addressed to Judge Valerie E. Caproni from Mark D. Smilow dated July 17, 2019 re: Related Case Statement. Document filed by Yuri Alishaev, Abraham Jeremias, Morris Jeremias.(Smilow, Mark)
July 12, 2019 Filing 423 LETTER addressed to Judge Valerie E. Caproni from Adam S. Hakki dated July 12, 2019 re: Related Case Statement. Document filed by Bank Of America Corporation.(Hakki, Adam)
July 1, 2019 Filing 422 JOINT LETTER addressed to Judge Valerie E. Caproni from The Parties dated July 1, 2019 re: Status of Discovery. Document filed by The Bank of Nova Scotia.(Ehrenberg, Stephen)
June 3, 2019 Filing 421 JOINT LETTER addressed to Judge Valerie E. Caproni from the Parties dated June 3, 2019 re: Status of Discovery. Document filed by The Bank of Nova Scotia.(Ehrenberg, Stephen)
May 24, 2019 Opinion or Order Filing 420 AMENDED FACT DISCOVERY SCHEDULE: The Discovery Schedule entered on September 6, 2018 (ECF No. 371) is hereby amended and supplemented by the following: Fact Depositions: Fact depositions may commence on January 27, 2020. Completion of Fact Discovery: All fact discovery shall be completed by Friday, July 31, 2020. The next pretrial conference is scheduled for August 7, 2020 at 11:30 A.M. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York 10007. No later than July 31, 2020, the Parties shall submit a joint letter of no more than five pages concerning the timing of expert discovery and the briefing of motions on class certification and for summary judgment. The parties are directed to continue submitting monthly status reports as to the progress of discovery on the first business day of every month. And as set forth herein. SO ORDERED. Deposition due by 1/27/2020. Fact Discovery due by 7/31/2020. Pretrial Conference set for 8/7/2020 at 11:30 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 5/24/2019) (ama)
May 23, 2019 Filing 419 LETTER addressed to Judge Valerie E. Caproni from the Parties dated May 23, 2019 re: [Proposed] Amended Fact Discovery Schedule. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Eric Nalven, J. Scott Nicholson, Don Tran. (Attachments: #1 [Proposed] Amended Fact Discovery Schedule)(Elman, Deborah)
May 17, 2019 Opinion or Order Filing 418 ORDER: granting (417) Letter Motion for Extension of Time in case 1:14-md-02573-VEC. (Accordingly, the parties respectfully request that the Court adjourn the May 17, 2019 deadline for submitting a modified Discovery Schedule until May 23, 2019). Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/17/2019) Filed In Associated Cases: 1:14-md-02573-VEC et al. (ama)
May 16, 2019 Filing 417 JOINT LETTER MOTION for Extension of Time of Deadline to Submit Proposed Modified Discovery Schedule addressed to Judge Valerie E. Caproni from the Parties dated May 16, 2019. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Eric Nalven, J. Scott Nicholson, Don Tran.(Briganti, Vincent)
May 16, 2019 Opinion or Order Filing 416 ORDER in case 1:14-cv-05682-VEC; granting (415) Motion to Withdraw as Attorney. Lee Lefkowtiz is hereby terminated as counsel inthis matter. Application is GRANTED. Attorney Lee Jason Lefkowitz terminated in case 1:14-md-02573-VEC (Signed by Judge Valerie E. Caproni on 5/16/2019) Filed In Associated Cases: 1:14-md-02573-VEC et al. (cf)
May 15, 2019 Filing 415 MOTION for Lee J. Lefkowitz to Withdraw as Attorney . Document filed by J. Scott Nicholson.(Briganti, Vincent)
May 6, 2019 Opinion or Order Filing 414 MEMO ENDORSEMENT on re: (413 in 1:14-md-02573-VEC) Letter, filed by Norman Bailey, Christopher Depaoli, Robert Ceru, Don Tran, KPFF Investment, Inc., Laurence Hughes, Kevin Maher, Eric Nalven, J. Scott Nicholson, John Hayes. ENDORSEMENT: The parties are directed to meet and confer and submit a revised discovery scheduled by May 17, 2019. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/6/2019) **Pursuant to instructions from Chambers, Filed In All Member Cases: 1:14-md-02573-VEC et al.(anc)
May 1, 2019 Filing 413 JOINT LETTER addressed to Judge Valerie E. Caproni from the Parties dated May 1, 2019 re: Status Report. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(individually), Eric Nalven, J. Scott Nicholson, Don Tran.(Elman, Deborah)
April 21, 2019 Opinion or Order Filing 412 ORDER granting (411 in case 1:14-md-2573) Motion to Withdraw as Attorney. Plaintiffs Christopher Depaoli and Kevin Maher motion for an order directing the withdrawal of Hugh Sandler as their counsel, and for Hugh Sandler to be removed from this actions ECF service list, is GRANTED. SO ORDERED. (Attorney Hugh Daniel Sandler terminated in case 1:14-md-02573-VEC.) (Signed by Judge Valerie E. Caproni on 4/21/2019)**Pursuant to instructions from Chambers, Filed In All Member Cases: 1:14-md-02573-VEC et al. (anc)
April 20, 2019 Filing 411 FIRST MOTION for Hugh D. Sandler to Withdraw as Attorney . Document filed by Christopher Depaoli, Kevin Maher(on behalf of those similarly situated). (Attachments: #1 Text of Proposed Order)(Sandler, Hugh)
April 18, 2019 Filing 410 LETTER REPLY to Response to Motion addressed to Judge Valerie E. Caproni from Thomas Skelton & Robert Eisler dated April 18, 2019 re: #405 LETTER MOTION to Stay re: #403 Order on Motion to Compel,,, addressed to Judge Valerie E. Caproni from Vincent Briganti & Robert Eisler dated March 29, 2019. . Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Eric Nalven, J. Scott Nicholson, Don Tran. (Eisler, Robert)
April 11, 2019 Filing 409 LETTER RESPONSE in Opposition to Motion addressed to Judge Valerie E. Caproni from Defendants dated April 11, 2019 re: #405 LETTER MOTION to Stay re: #403 Order on Motion to Compel,,, addressed to Judge Valerie E. Caproni from Vincent Briganti & Robert Eisler dated March 29, 2019. . Document filed by Scotia Capital (USA) Inc., Scotia Holdings (US) Inc., Scotiabanc Inc., The Bank of Nova Scotia, The Bank of Nova Scotia Trust Company of New York. (Ehrenberg, Stephen)
April 1, 2019 Opinion or Order Filing 408 STIPULATED DEPOSITION PROTOCOL: Subject to Court approval and pursuant to section 8(e)(1) of the Discovery Schedule entered on September 6, 2018 (ECF No. 371) (the "Discovery Schedule"), the undersigned counsel for the Parties stipulate and agree to the following protocol governing the scheduling and taking of fact depositions. The use of documents at depositions and testimony taken at all depositions is governed by the Stipulation and Protective Order (Dkt. No. 203) entered in this Action. This Protocol or any portion thereof may be modified, either generally or as to particular witnesses, by stipulation of all Parties hereto, or by Court Order for good cause shown. And as set forth herein. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/01/2019) Filed In Associated Cases: 1:14-md-02573-VEC et al.(ama)
April 1, 2019 Filing 407 JOINT LETTER addressed to Judge Valerie E. Caproni from the Parties dated April 1, 2019 re: Status of Discovery. Document filed by The Bank of Nova Scotia.(Ehrenberg, Stephen)
March 29, 2019 Filing 406 LETTER addressed to Judge Valerie E. Caproni from Deborah Elman dated March 29, 2019 re: Deposition Protocol. Document filed by Class Plaintiffs. (Attachments: #1 [Proposed] Stipulated Deposition Protocol)(Elman, Deborah)
March 29, 2019 Filing 405 LETTER MOTION to Stay re: #403 Order on Motion to Compel,,, addressed to Judge Valerie E. Caproni from Vincent Briganti & Robert Eisler dated March 29, 2019. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Eric Nalven, J. Scott Nicholson, Don Tran. (Attachments: #1 Exhibit A)(Briganti, Vincent)
March 1, 2019 Filing 404 JOINT LETTER addressed to Judge Valerie E. Caproni from the Parties dated March 1, 2019 re: Status of Discovery. Document filed by Class Plaintiffs.(Elman, Deborah)
February 25, 2019 Opinion or Order Filing 403 ORDER: granting in part and denying in part (394) Letter Motion to Compel in case 1:14-md-02573-VEC. IT IS HEREBY ORDERED that Defendants' motion to compel in this matter is GRANTED IN PART AND DENIED IN PART for substantially the same reasons set forth in the Court's Order in the Gold Cases. See No. 14-MD-2538, Dkt. 377. Plaintiffs must produce any reports, conclusions, analyses, datasets, charts, computer programs or code, or any other material created or considered by Plaintiffs' consultants that tend to prove or disprove the existence of any efforts by Defendants to distort or manipulate the price of silver relating to the London Silver Fixing. The Clerk of Court is respectfully directed to terminate docket entry 394. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/25/2019) Filed In Associated Cases: 1:14-md-02573-VEC et al. (ama)
February 13, 2019 Opinion or Order Filing 402 MEMO ENDORSEMENT on re: ( #401 in 1:14-md-02573-VEC) JOINT LETTER addressed to Judge Valerie E. Caproni from All parties dated February 13, 2019 re: adjournment of discovery deadline. Document filed by Class Plaintiffs. ENDORSEMENT: Application GRANTED. Parties may jointly agree to adjourn future interim deadlines without application to this Court. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/13/2019). Filed In Associated Cases: 1:14-md-02573-VEC et al., as per Chambers. (rjm).
February 13, 2019 Filing 401 JOINT LETTER addressed to Judge Valerie E. Caproni from All parties dated February 13, 2019 re: adjournment of discovery deadline. Document filed by Class Plaintiffs.(Elman, Deborah)
February 11, 2019 Filing 400 MEMO ENDORSEMENT on #399 JOINT LETTER terminating #396 Letter Motion to Compel. ENDORSEMENT: The Clerk of Court is respectfully directed to terminate docket entry 396. (Signed by Judge Valerie E. Caproni on 2/11/2019) (jwh)
February 8, 2019 Filing 399 JOINT LETTER addressed to Judge Valerie E. Caproni from Counsel for Plaintiffs and The Bank of Nova Scotia Defendants dated February 8, 2019 re: Update Regarding Plaintiffs' February 1, 2019 Letter Motion to Compel. Document filed by The Bank of Nova Scotia.(Ehrenberg, Stephen)
February 5, 2019 Opinion or Order Filing 398 ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL granting #397 Motion to Withdraw as Attorney. Attorney James Joseph Sabella terminated. IT IS HEREBY ORDERED that the motion of James J. Sabella to withdraw as counsel for Class Plaintiffs is granted, and his appearance is withdrawn as of the date of this Order. (Signed by Judge Valerie E. Caproni on 2/5/2019) (ks)
February 4, 2019 Filing 397 MOTION for James J. Sabella to Withdraw as Attorney . Document filed by Class Plaintiffs. (Attachments: #1 Text of Proposed Order)(Sabella, James)
February 1, 2019 Filing 396 LETTER MOTION to Compel addressed to Judge Valerie E. Caproni from Class Plaintiffs dated February 1, 2019. Document filed by Class Plaintiffs.(Elman, Deborah)
January 31, 2019 Filing 395 LETTER RESPONSE to Motion addressed to Judge Valerie E. Caproni from Class Plaintiffs dated January 31, 2019 re: #394 LETTER MOTION to Compel Silver Plaintiffs to Produce Expert Analyses addressed to Judge Valerie E. Caproni from Stephen Ehrenberg dated January 24, 2019. . Document filed by Class Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B)(Elman, Deborah)
January 24, 2019 Filing 394 LETTER MOTION to Compel Silver Plaintiffs to Produce Expert Analyses addressed to Judge Valerie E. Caproni from Stephen Ehrenberg dated January 24, 2019. Document filed by The Bank of Nova Scotia. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Ehrenberg, Stephen)
January 23, 2019 Set/Reset Deadlines: Responses due by 2/8/2019 Associated Cases: 1:14-md-02573-VEC et al.(ama)
January 23, 2019 Opinion or Order Filing 393 ORDER: granting (392) (in case 14-md-2573) Letter Motion for Extension of Time. Plaintiffs' deadline for submitting a letter motion to compel production is extended through February 1, 2019. Any response thereto is due no later than February 8, 2019. SO ORDERED. ( Motions due by 2/1/2019.) (Signed by Judge Valerie E. Caproni on 1/23/2019) Filed In Associated Cases: 1:14-md-02573-VEC et al. (ama)
January 23, 2019 Filing 392 JOINT LETTER MOTION for Extension of Time addressed to Judge Valerie E. Caproni from Damien J. Marshall dated January 23, 2019. Document filed by HSBC Bank U.S.A. N.A., HSBC Holdings plc, HSBC North America Holdings Inc., HSBC USA Inc..(Marshall, Damien)
January 15, 2019 Filing 391 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/3/18 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)
January 15, 2019 Filing 390 TRANSCRIPT of Proceedings re: CONFERNECE held on 1/3/2019 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/5/2019. Redacted Transcript Deadline set for 2/15/2019. Release of Transcript Restriction set for 4/15/2019.(McGuirk, Kelly)
January 4, 2019 Opinion or Order Filing 389 ORDER: IT IS HEREBY ORDERED that the parties meet and confer, no later than January 17, 2019, on the following outstanding discovery disputes. IT IS FURTHER ORDERED that, to the extent that the parties are unable to resolve any of the above issues, the party seeking the production(s) must submit a letter motion to compel such production(s) no later than January 24, 2019. Responses in opposition to such production(s) shall be due no later than January 31, 2019. Any motions to compel and any responses thereto must consolidate all disputed issues into a single submission and must not exceed ten pages in length, regardless of the number of disputes. IT IS FURTHER ORDERED that the first monthly status report on the progress of discovery shall be due the first business day of every month, starting on March 1, 2019. No report shall be due on February 1, 2019. SO ORDERED., ( Motions due by 1/24/2019., Responses due by 1/31/2019) (Signed by Judge Valerie E. Caproni on 1/04/2019) Filed In Associated Cases: 1:14-md-02573-VEC et al.(ama) Modified on 1/4/2019 (ama).
January 3, 2019 Minute Entry for proceedings held before Judge Valerie E. Caproni: Status Conference held on 1/3/2019. Associated Cases: 1:14-md-02573-VEC et al.(jp)
January 3, 2019 Filing 388 JOINT LETTER addressed to Judge Valerie E. Caproni from Plaintiffs' and Defendants' Counsel dated January 3, 2019 re: Update to Parties' December 14, 2018 Letter. Document filed by The Bank of Nova Scotia.(Ehrenberg, Stephen)
December 17, 2018 Opinion or Order Filing 387 ORDER: WHEREAS on December 14, 2018 (Dkt. 386), the parties jointly submitted a list of discovery disputes; IT IS HEREBY ORDERED that the parties appear for a status conference regarding the disputes at 1:00 P.M. on January 3, 2019 in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. To the extent that a party is unable to attend at that date and time, the parties are directed to jointly propose at least two alternate times between December 28, 2018 and January 4, 2019. SO ORDERED., ( Status Conference set for 1/3/2019 at 01:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 12/17/2018) Filed In Associated Cases: 1:14-md-02573-VEC et al.(ama)
December 14, 2018 Filing 386 LETTER addressed to Judge Valerie E. Caproni from Plaintiffs' and Defendants' Counsel dated December 14, 2018 re: Pursuant to the Discovery Schedule [ECF Nos. 371, 385] with Plaintiffs Proposed Supplemental Protective Order (Exhibit "A"). Document filed by American Precious Metals Ltd, Norman Bailey, Jerry Barrett, Rebecca Barrett, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Modern Settings LLC(a New York limited liability company), Eric Nalven, J. Scott Nicholson, Steven E. Summer, Don Tran. (Attachments: #1 Exhibit A)(Elman, Deborah)
November 30, 2018 Opinion or Order Filing 385 MEMO ENDORSEMENT: on re: (384 in 1:14-md-02573-VEC) Letter filed by The Bank of Nova Scotia. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/30/2018) Filed In Associated Cases: 1:14-md-02573-VEC et al.(ama)
November 30, 2018 Filing 384 JOINT LETTER addressed to Judge Valerie E. Caproni from Stephen Ehrenberg dated November 30, 2018 re: Adjournment of Deadline in Discovery Schedule. Document filed by The Bank of Nova Scotia.(Ehrenberg, Stephen)
November 13, 2018 Opinion or Order Filing 383 MEMO ENDORSEMENT: on re: #382 Letter filed by Class Plaintiffs. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/13/2018) (ama)
November 12, 2018 Filing 382 JOINT LETTER addressed to Judge Valerie E. Caproni from the Parties dated November 12, 2018 re: adjournment of discovery deadline. Document filed by Class Plaintiffs.(Elman, Deborah)
November 2, 2018 Filing 381 AMENDED ANSWER to #258 Amended Complaint,,,,,,. Document filed by HSBC Bank U.S.A. N.A., HSBC Holdings plc, HSBC North America Holdings Inc., HSBC USA Inc.. (Nathanson, Leigh)
November 2, 2018 Filing 380 LETTER addressed to Judge Valerie E. Caproni from Leigh M. Nathanson dated November 2, 2018 re: HSBC's Amended Answer and Affirmative and Other Defenses to the Third Amended Complaint. Document filed by HSBC Bank U.S.A. N.A., HSBC Holdings plc, HSBC North America Holdings Inc., HSBC USA Inc..(Nathanson, Leigh)
November 2, 2018 Filing 379 NOTICE OF APPEARANCE by Virginia Ruth Hildreth on behalf of Scotia Capital (USA) Inc., Scotia Holdings (US) Inc., Scotiabanc Inc., The Bank of Nova Scotia, The Bank of Nova Scotia Trust Company of New York. (Hildreth, Virginia)
October 10, 2018 Opinion or Order Filing 378 MEMO ENDORSEMENT on re: #377 Letter, filed by The Bank of Nova Scotia Trust Company of New York, Scotia Holdings (US) Inc., The Bank of Nova Scotia, Scotia Capital (USA) Inc., Scotiabanc Inc. ENDORSEMENT: It is hereby ordered that any stay of discovery of the Deutsche Bank documents still in effect is now terminated. So Ordered (Signed by Judge Valerie E. Caproni on 10/9/2018) (js)
October 5, 2018 Filing 377 JOINT LETTER addressed to Judge Valerie E. Caproni from Stephen Ehrenberg dated October 5, 2018 re: Update on Meet & Confer with DOJ. Document filed by Scotia Capital (USA) Inc., Scotia Holdings (US) Inc., Scotiabanc Inc., The Bank of Nova Scotia, The Bank of Nova Scotia Trust Company of New York.(Ehrenberg, Stephen)
October 2, 2018 Filing 376 LETTER addressed to Judge Valerie E. Caproni from Ankush Khardori dated October 2, 2018 re: Withdrawal of Request for Stay of Discovery. Document filed by U.S. Department Of Justice.(Khardori, Ankush)
September 17, 2018 Opinion or Order Filing 375 MEMO ENDORSEMENT on re: #372 Letter, filed by The Bank of Nova Scotia Trust Company of New York, Scotia Holdings (US) Inc., The Bank of Nova Scotia, Scotia Capital (USA) Inc., Scotiabanc Inc. ENDORSEMENT: So Ordered. (Signed by Judge Valerie E. Caproni on 9/17/2018) (js)
September 17, 2018 Opinion or Order Filing 374 MEMO ENDORSEMENT: on re: #373 Letter filed by The Bank of Nova Scotia Trust Company of New York, Scotia Holdings (US) Inc., The Bank of Nova Scotia, Scotia Capital (USA) Inc., Scotiabanc Inc. ENDORSEMENT: The parties are directed to meet and confer with the Department of Justice and to submit a joint letter updating the Court on the discovery of the Deutsche Bank materials no later than October 5, 2018. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/17/2018) (ama)
September 14, 2018 Filing 373 JOINT LETTER addressed to Judge Valerie E. Caproni from Stephen Ehrenberg dated September 14, 2018 re: Meet & Confer with DOJ. Document filed by Scotia Capital (USA) Inc., Scotia Holdings (US) Inc., Scotiabanc Inc., The Bank of Nova Scotia, The Bank of Nova Scotia(also known as Scotiabank also known as Scotiamocatta), The Bank of Nova Scotia Trust Company of New York.(Ehrenberg, Stephen)
September 14, 2018 Filing 372 JOINT LETTER addressed to Judge Valerie E. Caproni from Stephen Ehrenberg dated September 14, 2018 re: Stipulation and Proposed Order for ESI Protocol. Document filed by Scotia Capital (USA) Inc., Scotia Holdings (US) Inc., Scotiabanc Inc., The Bank of Nova Scotia, The Bank of Nova Scotia(also known as Scotiabank also known as Scotiamocatta), The Bank of Nova Scotia Trust Company of New York. (Attachments: #1 Text of Proposed Order Stipulation and Proposed ESI Order)(Ehrenberg, Stephen)
September 6, 2018 Opinion or Order Filing 371 DISCOVERY SCHEDULE: This Proposed Discovery Schedule is submitted jointly by Plaintiffs and Defendants. All Fact Discovery due by 12/11/2019. Deposition due by 12/11/2019. The next Pretrial Conference set for 12/20/2019 at 02:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. And as set forth herein. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/06/2018) (ama)
September 5, 2018 Minute Entry for proceedings held before Judge Valerie E. Caproni: Status Conference held on 9/5/2018. (Court Reporter Linda Fisher) (ml)
August 30, 2018 Filing 370 LETTER addressed to Judge Valerie E. Caproni from Vincent Briganti & Robert Eisler dated August 30, 2018 re: Proposed Discovery Schedule. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Eric Nalven, J. Scott Nicholson, Don Tran. (Attachments: #1 Text of Proposed Order Proposed Discovery Schedule)(Briganti, Vincent)
August 27, 2018 Filing 369 NOTICE OF CHANGE OF ADDRESS by Zachary D. Caplan on behalf of Norman Bailey, John Hayes, KPFF Investment, Inc.. New Address: BERGER MONTAGUE PC, 1818 Market Street, Suite 3600, PHILADELPHIA, PENNSYLVANIA, United States 19103, 215-875-3000. (Caplan, Zachary)
August 27, 2018 Filing 368 NOTICE OF CHANGE OF ADDRESS by Michael C. Dell'Angelo on behalf of Norman Bailey, John Hayes, KPFF Investment, Inc.. New Address: BERGER MONTAGUE PC, 1818 Market Street, Suite 3600, PHILADELPHIA, PENNSYLVANIA, United States 19103, 215-875-3000. (Dell'Angelo, Michael)
August 15, 2018 Filing 367 MEMO ENDORSEMENT on #320 LETTER in 14-MD-2548; #365 LETTER in 14-MD-2573. ENDORSEMENT: The August 24, 2018 status conference is adjourned to 11:00 a.m. on September 5, 2018. The parties' pre-conference letters are due by August 30, 2018. ( Status Conference set for 9/5/2018 at 11:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 8/15/2018) (kgo)
August 14, 2018 Opinion or Order Filing 366 ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL granting (90) Motion to Withdraw as Attorney. Attorney Garam Choe terminated in case 1:14-cv-05682-VEC; granting (342) Motion to Withdraw as Attorney. IT IS HEREBY ORDERED that the motion of Garam Choe to withdraw as counsel for Plaintiff J. Scott Nicholson is granted, and Mr. Choe's appearance is withdrawn as of the date of this Order. Attorney Garam Choe terminated in case 1:14-md-02573-VEC. (Signed by Judge Valerie E. Caproni on 8/14/2018) Filed In Associated Cases: 1:14-md-02573-VEC et al. (kgo)
August 10, 2018 Filing 365 LETTER addressed to Judge Valerie E. Caproni from Vincent Briganti & Robert Eisler dated August 10, 2018 re: Rescheduling the Status Conference per the Court's 08/02/18 Order, ECF No. 364. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(individually), Eric Nalven, J. Scott Nicholson, Don Tran.(Briganti, Vincent)
August 2, 2018 Opinion or Order Filing 364 ORDER: IT IS HEREBY ORDERED that the parties are directed to jointly propose to the Court alternative dates for the August 24, 2018 status conference that are mutually convenient for the parties during the week of August 27, 2018 (not including August 31, 2018) and the week of September 3, 2018 (not including September 3, 2018). The parties' list of mutually convenient alternative dates is due by August 10, 2018. (Signed by Judge Valerie E. Caproni on 8/2/2018) (kgo)
July 25, 2018 Opinion or Order Filing 363 OPINION AND ORDER: re: (302 in 1:14-md-02573-VEC) JOINT MOTION to Dismiss the Third Consolidated Amended Class Action Complaint filed by Barclays Capital Inc., Barclays Bank PLC, Barclays Capital Services Ltd. The Non-Fixing Banks' motion to dismiss is GRANTED. Plaintiffs' claims against the Non-Fixing Banks are DISMISSED WITH PREJUDICE. The Clerk of the Court is directed to close the open motion at docket entry 302 and terminate defendants Barclays, Standard Chartered, BNP Paribas, BAML, and UBS from the case. The remaining parties are directed to appear for a status conference with the Court at 11:00 a.m. on August 24, 2018. By August 17, 2018, the parties must submit a joint letter ofnot more than 5 pages setting forth a proposed schedule for discovery in this action. The parties are forewarned that the Court will not accept dueling letters; the parties are required to work together to produce a joint letter. SO ORDERED., ( Status Conference set for 8/24/2018 at 11:00 AM before Judge Valerie E. Caproni.), Bank Of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Barclays Capital Services Ltd., Merrill Lynch, Pierce, Fenner & Smith Inc., Standard Chartered Bank, Standard Chartered Bank, BNP Paribas Fortis S.A./N.V. and BNP Paribas Fortis S.A./N.V. terminated. (Signed by Judge Valerie E. Caproni on 7/25/2018) (ama)
June 21, 2018 Filing 362 NOTICE OF APPEARANCE by Ankush Khardori on behalf of U.S. Department Of Justice. (Khardori, Ankush)
June 1, 2018 Filing 361 MEMO ENDORSEMENT granting #358 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. Attorney Michael John Rinaldi terminated. (Signed by Judge Valerie E. Caproni on 6/1/2018) (mro)
May 24, 2018 Filing 360 LETTER addressed to Judge Valerie E. Caproni from Michael S. Feldberg dated May 24, 2018 re: Reply to Plaintiffs' Letter Response Dated May 21, 2018 (ECF No. 356). Document filed by Barclays Bank PLC, Barclays Capital Inc., Barclays Capital Services Ltd..(Feldberg, Michael)
May 24, 2018 Filing 359 DECLARATION of Michael J. Rinaldi in Support re: #358 MOTION for Michael John Rinaldi to Withdraw as Attorney ., #357 MOTION for Michael John Rinaldi to Withdraw as Attorney .. Document filed by U.S. Department Of Justice. (Rinaldi, Michael)
May 24, 2018 Filing 358 MOTION for Michael John Rinaldi to Withdraw as Attorney . Document filed by U.S. Department Of Justice.(Rinaldi, Michael)
May 24, 2018 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Michael John Rinaldi to RE-FILE Document #357 MOTION for Michael John Rinaldi to Withdraw as Attorney . ERROR(S): Supporting Documents are filed separately, each receiving their own document #'s. (db)
May 23, 2018 Filing 357 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michael John Rinaldi to Withdraw as Attorney . Document filed by U.S. Department Of Justice. (Attachments: #1 Affidavit)(Rinaldi, Michael) Modified on 5/24/2018 (db).
May 21, 2018 Filing 356 LETTER addressed to Judge Valerie E. Caproni from Vincent Briganti & Robert Eisler dated May 21, 2018 re: Response to Non-Fixing Defendant's May 10, 2018 Letter (ECF No. 354). Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Eric Nalven, J. Scott Nicholson, Don Tran.(Briganti, Vincent)
May 15, 2018 Set/Reset Deadlines: Brief due by 5/21/2018. (mro)
May 15, 2018 Filing 355 MEMO ENDORSEMENT on re: #354 Letter, filed by Barclays Capital Inc., Barclays Bank PLC, Barclays Capital Services Ltd. ENDORSEMENT: Plaintiffs may file a letter brief responding to the Non-Fixing Banks' notice of supplemental authority by May 21, 2018. If Plaintiffs choose to respond, thy must address why it is not appropriate for the Court to deem the Non-Fixing Banks' notice of supplemental authority to be a letter brief raising the argument that Plaintiffs' cannot state a CEA injury for purposes of their claims based on a coordinated trading and episodic market manipulation. (Signed by Judge Valerie E. Caproni on 5/15/2018) (mro)
May 10, 2018 Filing 354 LETTER addressed to Judge Valerie E. Caproni from Michael S. Feldberg dated May 10, 2018 re: Apprise the Court of Recent Second Circuit Decision. Document filed by Barclays Bank PLC, Barclays Capital Inc., Barclays Capital Services Ltd.. (Attachments: #1 Exhibit A)(Feldberg, Michael)
April 25, 2018 Filing 353 BRIEF re: #351 Order, Set Deadlines,,,,,,,, Supplemental Memorandum of Law. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Eric Nalven, J. Scott Nicholson, Don Tran.(Briganti, Vincent)
April 25, 2018 Filing 352 SUPPLEMENTAL MEMORANDUM OF LAW re: #351 Order, Set Deadlines,,,,,,,, Non-Fixing Banks' Joint Supplemental Memorandum of Law in Response to the Court's April 11, 2018 Order for Briefing on Choi v. Tower Research Capital. Document filed by Barclays Bank PLC, Barclays Capital Inc., Barclays Capital Services Ltd.. (Feldberg, Michael)
April 11, 2018 Opinion or Order Filing 351 ORDER, IT IS HEREBY ORDERED that Plaintiffs and the Non-Fixing Banks are directed to provide supplemental briefing limited to the following issues: Whether for purposes of the extraterritoriality analysis pursuant to Loginovskaya v. Batratchenko, 764 F.3d 266 (2d Cir. 2014), the relevant transaction under 7 U.S.C. 25(a)(1)(D)(ii) is the plaintiff's purchase or sale of a futures or options contract, the defendant's underlying bad conduct (e.g., spoofing or other manipulative trading tactics), or both; and Whether, in light of Tower Research Capital, the Second Circuit's decision in Parkcentral Global Hub Ltd. v. Porsche Auto Holdings SE, 763 F.3d 198 (2d Cir. 2014), applies to claims pursuant to the CEA. The parties' briefs must be no more than 10 pages each. The Non-Fixing Banks are directed to file a single joint brief. The parties' briefs are due by April 25, 2018. SO ORDERED. (Brief due by 4/25/2018.) (Signed by Judge Valerie E. Caproni on 4/11/18) (yv)
March 19, 2018 Filing 350 JOINT LETTER addressed to Judge Valerie E. Caproni from Joshua Goldberg dated March 19, 2018 re: response to Plaintiffs' March 12, 2018 letter #349 . Document filed by BNP Paribas Fortis S.A./N.V., Barclays Capital Services Ltd., Standard Chartered Bank, UBS AG.(Goldberg, Joshua)
March 12, 2018 Filing 349 LETTER addressed to Judge Valerie E. Caproni from Vincent Briganti & Robert Eisler dated March 12, 2018 re: Supplemental Authority: Charles Schwab v. Bank of America Corporation. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Eric Nalven, J. Scott Nicholson, Don Tran. (Attachments: #1 Exhibit A)(Briganti, Vincent)
February 16, 2018 Opinion or Order Filing 348 MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF APPEARANCE: ENDORSEMENT: So Ordered. Attorney Michael A. Brille terminated. (Signed by Judge Valerie E. Caproni on 2/16/2018) (js)
February 12, 2018 Filing 347 LETTER addressed to Judge Valerie E. Caproni from Eric J. Stock dated February 12, 2018 re: Response to Plaintiffs' Letter dated February 5, 2018 (Dkt. 344). Document filed by UBS AG.(Stock, Eric)
February 9, 2018 Filing 346 LETTER addressed to Judge Valerie E. Caproni from Adam S. Hakki dated February 9, 2018 re: Response to Plaintiffs' Letter dated February 5, 2018 (ECF No. 344). Document filed by Bank Of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Inc..(Hakki, Adam)
February 9, 2018 Filing 345 LETTER addressed to Judge Valerie E. Caproni from Michael S. Feldberg dated February 9, 2018 re: in response to Plaintiffs' letter dated February 5, 2018. Document filed by Barclays Bank PLC, Barclays Capital Inc., Barclays Capital Services Ltd..(Feldberg, Michael)
February 5, 2018 Filing 344 LETTER addressed to Judge Valerie E. Caproni from Vincent Briganti dated February 5, 2018 re: Recent Enforcement Actions by the CFTC and DOJ. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Eric Nalven, J. Scott Nicholson, Don Tran. (Attachments: #1 Exhibit UBS CFTC Order, #2 Exhibit Deutsche Bank CFTC Order, #3 Exhibit HSBC CFTC Order, #4 Exhibit CFTC Complaint against Andre Flotron, #5 Exhibit CFTC Complaint against James Vorley and Cedric Chanu, #6 Exhibit DOJ Criminal Complaint and Nevins Affidavit against Edward Bases and John Pacilio)(Briganti, Vincent)
January 22, 2018 Filing 343 MEMO ENDORSEMENT: on re: NOTICE OF WITHDRAWAL OF ATTORNEY. ENDORSEMENT: Application GRANTED. Attorney Robert S. Khuzami terminated. (Signed by Judge Valerie E. Caproni on 1/22/2018) Filed In Associated Cases: 1:14-md-02573-VEC et al.(ap)
January 8, 2018 Filing 342 MOTION for Garam Choe to Withdraw as Attorney for Plaintiff J. Scott Nicholson. Document filed by J. Scott Nicholson, J. Scott Nicholson.Filed In Associated Cases: 1:14-md-02573-VEC, 1:14-cv-05682-VEC(Choe, Garam)
December 22, 2017 Filing 341 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #302 JOINT MOTION to Dismiss the Third Consolidated Amended Class Action Complaint. . Document filed by BNP Paribas Fortis S.A./N.V.. (Goldberg, Joshua)
December 22, 2017 Filing 340 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #302 JOINT MOTION to Dismiss the Third Consolidated Amended Class Action Complaint. . Document filed by Standard Chartered Bank. (Stern, Andrew)
December 22, 2017 Filing 339 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #302 JOINT MOTION to Dismiss the Third Consolidated Amended Class Action Complaint. . Document filed by Bank Of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Inc.. (Hakki, Adam)
December 22, 2017 Filing 338 JOINT REPLY MEMORANDUM OF LAW in Support re: #302 JOINT MOTION to Dismiss the Third Consolidated Amended Class Action Complaint. . Document filed by Barclays Bank PLC, Barclays Capital Inc., Barclays Capital Services Ltd.. (Feldberg, Michael)
December 5, 2017 Filing 337 LETTER addressed to Judge Valerie E. Caproni from Vincent Briganti and Robert Eisler dated December 5, 2017 re: the limited redactions in materials filed under seal in opposition to the Non-Fixing Banks' Motion to Dismiss the TAC. Document filed by Norman Bailey, Robert Ceru, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Eric Nalven, J. Scott Nicholson, Don Tran.(Briganti, Vincent)
December 5, 2017 Filing 336 MEMORANDUM OF LAW in Opposition re: #302 JOINT MOTION to Dismiss the Third Consolidated Amended Class Action Complaint. . Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Eric Nalven, J. Scott Nicholson, Don Tran. (Briganti, Vincent)
December 5, 2017 Filing 335 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #302 JOINT MOTION to Dismiss the Third Consolidated Amended Class Action Complaint. Responding to Supplemental Brief of Standard Chartered Bank. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Eric Nalven, J. Scott Nicholson, Don Tran. (Briganti, Vincent)
November 17, 2017 Filing 334 SEALED DOCUMENT placed in vault.(mps)
November 17, 2017 Filing 333 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #302 JOINT MOTION to Dismiss the Third Consolidated Amended Class Action Complaint. Responding to Supplemental Brief of BNP Paribas/Fortis. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Eric Nalven, J. Scott Nicholson, Don Tran. (Briganti, Vincent)
November 17, 2017 Filing 332 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #302 JOINT MOTION to Dismiss the Third Consolidated Amended Class Action Complaint. Responding to Supplemental Brief of Bank of America Merrill Lynch. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Eric Nalven, J. Scott Nicholson, Don Tran. (Briganti, Vincent)
November 9, 2017 Opinion or Order Filing 331 ORDER granting #330 Letter Motion for Extension of Time to File Response/Reply. Application GRANTED. Responses due by 11/17/2017 Replies due by 12/22/2017. (Signed by Judge Valerie E. Caproni on 11/9/2017) (kgo)
November 8, 2017 Filing 330 LETTER MOTION for Extension of Time to File Response/Reply to Non-fixing Banks' Motions to Dismiss addressed to Judge Valerie E. Caproni from Vincent Briganti and Robert Eisler dated November 8, 2017. Document filed by J. Scott Nicholson.(Briganti, Vincent)
November 7, 2017 Pro Hac Vice Fee Refunded: for Pro Hac Vice Fee Payment. Filing fee refunded for Receipt number 0208-14270725, for the following reason(s): duplicate payment. (jom)
October 20, 2017 Pro Hac Vice Fee Payment: for #329 MOTION for Kyle J. McGee to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number 0208-14270725.(Eisler, Robert)
October 20, 2017 Pro Hac Vice Fee Due: $200.00 for #329 MOTION for Kyle J. McGee to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. (ma)
October 20, 2017 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice re: Document No. #329 MOTION for Kyle J. McGee 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): the filing fee was not paid;.. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (ma)
October 20, 2017 Filing 329 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Kyle J. McGee to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Class Plaintiffs. (Attachments: #1 Affidavit, #2 Text of Proposed Order, #3 Certificates of Good Standing)(Eisler, Robert) Modified on 10/20/2017 (ma).
October 19, 2017 Filing 328 MEMO ENDORSEMENT on re: #326 Letter, filed by Norman Bailey, Christopher Depaoli, Robert Ceru, Don Tran, KPFF Investment, Inc., Laurence Hughes, Kevin Maher, Eric Nalven, J. Scott Nicholson, John Hayes. ENDORSEMENT: The Court will hold Plaintiffs' application for jurisdictional discovery in abeyance pending thecompletion of briefing on the Non-Fixing Banks' motions to dismiss for lack of personal jurisdiction. The Court declines to determine whether Plaintiffs are entitled to jurisdictional discovery without the benefit of either a responsive brief from Plaintiffs or reply briefs from the Non-Fixing Banks. (Signed by Judge Valerie E. Caproni on 10/19/2017) (kgo)
October 2, 2017 Filing 327 LETTER addressed to Judge Valerie E. Caproni from Michael S. Feldberg dated October 2, 2017 re: to Address Recent Decision in Sonterra Capital Master Fund Ltd. v. Credit Suisse Group AG. Document filed by Barclays Bank PLC, Barclays Capital Inc., Barclays Capital Services Ltd..(Feldberg, Michael)
September 29, 2017 Filing 326 LETTER addressed to Judge Valerie E. Caproni from Vincent Briganti & Robert Eisler dated September 29, 2017 re: reply to Defendants' September 25, 2017 letters (ECF Nos. 322-23). Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(individually), Eric Nalven, J. Scott Nicholson, Don Tran.(Briganti, Vincent)
September 27, 2017 Filing 325 MEMO ENDORSEMENT: on re: #324 Letter, filed by Norman Bailey, Christopher Depaoli, Robert Ceru, Don Tran, KPFF Investment, Inc., Laurence Hughes, Kevin Maher, Eric Nalven, J. Scott Nicholson, John Hayes. ENDORSEMENT: Plaintiffs may file a consolidated reply of not more than four pages. (Signed by Judge Valerie E. Caproni on 9/27/2017) (ap)
September 27, 2017 Filing 324 LETTER addressed to Judge Valerie E. Caproni from Vincent Briganti dated September 27, 2017 re: page limit for reply letter. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(individually), Eric Nalven, J. Scott Nicholson, Don Tran.(Briganti, Vincent)
September 25, 2017 Filing 323 LETTER addressed to Judge Valerie E. Caproni from Eric J. Stock dated September 25, 2017 re: response to Plaintiffs' application for jurisdictional discovery. Document filed by UBS AG.(Stock, Eric)
September 25, 2017 Filing 322 LETTER addressed to Judge Valerie E. Caproni from Joshua Goldberg dated September 25, 2017 re: Plaintiffs' letter dated September 15, 2017 (Dkt. 311). Document filed by BNP Paribas Fortis S.A./N.V..(Goldberg, Joshua)
September 22, 2017 Opinion or Order Filing 321 STIPULATION AND ORDER EXTENDING TIME FOR PLAINTIFFS TO FILE MOTIONS DIRECTED TO ANSWERS FILED IN RESPONSE TO THIRD CONSOLIDATED AMENDED CLASS ACTION COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned respective counsel for Plaintiffs and the Fixing Bank Defendants, and ORDERED by the Court that: the time for the Plaintiffs to file any motions challenging the Fixing Bank Defendants' Answers to the TAC shall be extended up to and including November 21, 2017; electronic signatures on this stipulation shall have the same force and effect as originals; and this stipulation, once fully executed, may be submitted to the Court without further notice. So Ordered. The parties are reminded that the Undersigned's Individual Practices require the parties to meet and confer and coordinate a teleconference with Chambers before filing any motion to strike. ( Motions due by 11/21/2017.) (Signed by Judge Valerie E. Caproni on 9/22/2017) (kgo)
September 21, 2017 Filing 320 LETTER addressed to Judge Valerie E. Caproni from Vincent Briganti dated September 21, 2017 re: stipulation and proposed order extending deadline for plaintiffs to file motions directed at the Fixing Banks' answers. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(individually), Eric Nalven, J. Scott Nicholson, Don Tran. (Attachments: #1 Exhibit Stipulation and Proposed Order)(Briganti, Vincent)
September 19, 2017 Filing 319 LETTER addressed to Judge Valerie E. Caproni from Michael S. Feldberg dated September 19, 2017 re: the limited redactions in materials filed under seal in support of the Non-Fixing Banks' Motion to Dismiss the TAC. Document filed by Barclays Bank PLC, Barclays Capital Inc., Barclays Capital Services Ltd..(Feldberg, Michael)
September 19, 2017 Filing 318 DECLARATION of ERIC J. STOCK in Support re: #302 JOINT MOTION to Dismiss the Third Consolidated Amended Class Action Complaint.. Document filed by UBS AG. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27)(Stock, Eric)
September 19, 2017 Filing 317 DECLARATION of Hannah Chouikhi in Support re: #302 JOINT MOTION to Dismiss the Third Consolidated Amended Class Action Complaint.. Document filed by Standard Chartered Bank. (Attachments: #1 Exhibit A (Redacted))(Stern, Andrew)
September 19, 2017 Filing 316 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #302 JOINT MOTION to Dismiss the Third Consolidated Amended Class Action Complaint. . Document filed by Standard Chartered Bank. (Stern, Andrew)
September 19, 2017 Filing 315 DECLARATION of Didier Giblet in Support re: #302 JOINT MOTION to Dismiss the Third Consolidated Amended Class Action Complaint.. Document filed by BNP Paribas Fortis S.A./N.V.. (Attachments: #1 Exhibit A to Giblet Declaration)(Goldberg, Joshua)
September 19, 2017 Filing 314 DECLARATION of Joshua A. Goldberg in Support re: #302 JOINT MOTION to Dismiss the Third Consolidated Amended Class Action Complaint.. Document filed by BNP Paribas Fortis S.A./N.V.. (Attachments: #1 Exhibit A to Goldberg Declaration)(Goldberg, Joshua)
September 19, 2017 Filing 313 DECLARATION of Michael S. Feldberg in Support re: #302 JOINT MOTION to Dismiss the Third Consolidated Amended Class Action Complaint.. Document filed by Barclays Bank PLC, Barclays Capital Inc., Barclays Capital Services Ltd.. (Attachments: #1 Exhibit A (Part 1), #2 Exhibit A (Part 2), #3 Exhibit A (Part 3), #4 Exhibit A (Part 4), #5 Exhibit A (Part 5), #6 Exhibit B, #7 Exhibit C)(Feldberg, Michael)
September 19, 2017 Filing 312 MEMO ENDORSEMENT on re: #311 Letter, filed by Norman Bailey, Christopher Depaoli, Robert Ceru, Don Tran, KPFF Investment, Inc., Laurence Hughes, Kevin Maher, Eric Nalven, J. Scott Nicholson, John Hayes. The Non-Fixing Banks may file a response to Plaintiffs' letter motion by September 25, 2017. Plaintiffs may file a reply of not more than three pages by September 29, 2017. ( Responses due by 9/25/2017, Replies due by 9/29/2017.) (Signed by Judge Valerie E. Caproni on 9/19/2017) (mro)
September 15, 2017 Filing 311 LETTER addressed to Judge Valerie E. Caproni from Vincent Briganti dated September 15, 2017 re: Jurisdictional Discovery. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Eric Nalven, J. Scott Nicholson, Don Tran. (Attachments: #1 Exhibit Complaint, U.S. v. Flotron)(Briganti, Vincent)
September 13, 2017 Filing 310 NOTICE OF APPEARANCE by Lee Jason Lefkowitz on behalf of J. Scott Nicholson, J. Scott Nicholson. Filed In Associated Cases: 1:14-md-02573-VEC, 1:14-cv-05682-VEC(Lefkowitz, Lee)
September 11, 2017 Filing 309 DECLARATION of ERIC J. STOCK in Support re: #302 JOINT MOTION to Dismiss the Third Consolidated Amended Class Action Complaint.. Document filed by UBS AG. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27)(Stock, Eric)
September 11, 2017 Filing 308 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #302 JOINT MOTION to Dismiss the Third Consolidated Amended Class Action Complaint. /Defendants Bank of America Corporation, Bank of America N.A., and Merrill Lynch Pierce Fenner & Smith Incorporated's Supplemental Memorandum of Law in Support of the Non-Fixing Banks' Motion to Dismiss the Third Amended Consolidated Class Action Complaint. Document filed by Bank Of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Inc.. (Hakki, Adam)
September 11, 2017 Filing 307 SEALED DOCUMENT placed in vault.(mps)
September 11, 2017 Filing 306 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #302 JOINT MOTION to Dismiss the Third Consolidated Amended Class Action Complaint. . Document filed by BNP Paribas Fortis S.A./N.V.. (Goldberg, Joshua)
September 11, 2017 Filing 305 SEALED DOCUMENT placed in vault.(rz)
September 11, 2017 Filing 304 SEALED DOCUMENT placed in vault.(rz)
September 11, 2017 Filing 303 JOINT MEMORANDUM OF LAW in Support re: #302 JOINT MOTION to Dismiss the Third Consolidated Amended Class Action Complaint. . Document filed by Barclays Bank PLC, Barclays Capital Inc., Barclays Capital Services Ltd.. (Feldberg, Michael)
September 11, 2017 Filing 302 JOINT MOTION to Dismiss the Third Consolidated Amended Class Action Complaint. Document filed by Barclays Bank PLC, Barclays Capital Inc., Barclays Capital Services Ltd..(Feldberg, Michael)
September 5, 2017 Opinion or Order Filing 301 ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL: granting (300) Motion to Withdraw as Attorney. Upon the Motion of counsel for Plaintiff J. Scott Nicholson, IT IS HEREBY ORDERED that the motion of Michelle E. Conston to withdraw as counsel for Plaintiff J. Scott Nicholson is granted, and Ms. Conston's appearance is withdrawn as of the date of this Order. in case 1:14-cv-05682-VEC; Attorney Michelle Elizabeth Conston terminated in case 1:14-md-02573-VEC. (Signed by Judge Valerie E. Caproni on 9/05/2017) Filed In Associated Cases: 1:14-md-02573-VEC, 1:14-cv-05682-VEC (ama)
September 1, 2017 Filing 300 MOTION for Michelle E. Conston to Withdraw as Attorney for Plaintiff J. Scott Nicholson. Document filed by J. Scott Nicholson, J. Scott Nicholson.Filed In Associated Cases: 1:14-md-02573-VEC, 1:14-cv-05682-VEC(Conston, Michelle)
August 25, 2017 Filing 299 ANSWER to #258 Amended Complaint,,,,,,. Document filed by HSBC Bank U.S.A. N.A., HSBC Holdings plc, HSBC North America Holdings Inc., HSBC USA Inc..(Marshall, Damien)
August 25, 2017 Filing 298 ANSWER to #258 Amended Complaint,,,,,,. Document filed by Scotia Capital (USA) Inc., Scotia Holdings (US) Inc., Scotiabanc Inc., The Bank of Nova Scotia, The Bank of Nova Scotia Trust Company of New York.(Ehrenberg, Stephen)
August 25, 2017 Filing 297 MEMO ENDORSEMENT: on re: #296 Letter, filed by Norman Bailey, Christopher Depaoli, Robert Ceru, Don Tran, KPFF Investment, Inc., Laurence Hughes, Kevin Maher, Eric Nalven, J. Scott Nicholson, John Hayes. ENDORSEMENT: Plaintiffs' application is GRANTED; provided that CME is not required to respond to Plaintiffs' subpoena until the stay of discovery in this action is lifted. This Memorandum Endorsement is without prejudice to Defendants' rights to object to the CME subpoena once the stay of discovery in this action is lifted. (Signed by Judge Valerie E. Caproni on 8/25/2017) (ap)
August 24, 2017 Filing 296 LETTER addressed to Judge Valerie E. Caproni from Vincent Briganti dated August 24, 2017 re: Leave to Serve Third-Party Subpoena. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Eric Nalven, J. Scott Nicholson, Don Tran. (Attachments: #1 Exhibit Third-Party Subpoena)(Briganti, Vincent)
August 18, 2017 Opinion or Order Filing 295 MEMO ENDORSEMENT on re: #294 Letter filed by UBS AG. ENDORSEMENT: The parties' application to proceed in accordance with the protective order is GRANTED. The following page limits shall apply to the Non-Fixing Banks' motions to dismiss: The Non-Fixing Banks may file a consolidated opening brief addressing both merits and jurisdictional issues of not more than 60 pages. Plaintiffs may file an opposition of not more than 60 pages. The Non-Fixing Banks may file a reply brief of not more than 30 pages. Any Non-Fixing Bank that wishes to raise non-redundant individual arguments may file a separate opening brief of not more than 5 pages. Plaintiffs may file oppositions to each defendant-specific brief of not more than 5 pages. The Non-Fixing Banks may file replies of not more than 2 pages in support of their defendant-specific arguments. (Signed by Judge Valerie E. Caproni on 8/18/2017) (ras)
August 17, 2017 Filing 294 JOINT LETTER addressed to Judge Valerie E. Caproni from Eric Stock dated August 17, 2017 re: issues in connection to forthcoming motions to dismiss. Document filed by UBS AG.(Stock, Eric)
August 9, 2017 Set/Reset Hearings: Status Conference set for 11/6/2017 at 05:30 PM before Judge Valerie E. Caproni. (ama)
August 9, 2017 Opinion or Order Filing 293 ORDER: IT IS HEREBY ORDERED that, in light of the Court's stay of discovery, it is not necessary at this time for the Department of Justice, Fraud Section to provide the Court with an update on its relevant criminal investigation(s). Accordingly, the Court has adjourned the Fraud Section's August 7, 2017 ex parte conference with the Court to 5:30 p.m. on November 6, 2017. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/09/2017) (ama)
August 8, 2017 Filing 292 MEMO ENDORSEMENT on re: #291 Letter filed by HSBC USA Inc., HSBC Holdings plc, HSBC Bank U.S.A. N.A., HSBC North America Holdings Inc. ENDORSEMENT: Application GRANTED. Attorney Scott Andrew Eisman terminated. (Signed by Judge Valerie E. Caproni on 8/8/2017) (mro)
August 7, 2017 Filing 291 LETTER addressed to Judge Valerie E. Caproni from Scott A. Eisman dated 8/7/17 re: Withdrawal as Attorney. Document filed by HSBC Bank U.S.A. N.A., HSBC Holdings plc, HSBC North America Holdings Inc., HSBC USA Inc..(Eisman, Scott)
July 10, 2017 Opinion or Order Filing 290 MEMO ENDORSEMENT on re: #285 Letter filed by UBS AG. ENDORSEMENT: The Non-Fixing Banks' application for an order compelling production of the Incorporated Materials is DENIED WITHOUT PREJUDICE. While the Court agrees that the Incorporated Materials are integral to the TAC and may be considered in connection with the Non-Fixing Banks' forthcoming motion to dismiss, the Non-Fixing Banks have not provided any support for the proposition that a plaintiff can be compelled to produce supporting materials in advance of discovery. The Court also rejects the Non-Fixing Banks' argument that the protective order provides for turnover of the Incorporated Materials. In the event the Incorporated Materials become germane to the Non-Fixing Banks' personal jurisdiction defense, the parties are free to seek jurisdictional discovery. (Signed by Judge Valerie E. Caproni on 7/10/2017) (mro)
July 5, 2017 Filing 289 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Standard Chartered PLC, Corporate Parent Standard Chartered Holdings Ltd. for Standard Chartered Bank. Document filed by Standard Chartered Bank.(Stern, Andrew)
July 5, 2017 Filing 288 NOTICE OF APPEARANCE by Jonathan Warren Muenz on behalf of Standard Chartered Bank. (Muenz, Jonathan)
July 5, 2017 Filing 287 NOTICE OF APPEARANCE by Nicholas Primer Crowell on behalf of Standard Chartered Bank. (Crowell, Nicholas)
July 5, 2017 Filing 286 NOTICE OF APPEARANCE by Andrew W. Stern on behalf of Standard Chartered Bank. (Stern, Andrew)
June 30, 2017 Filing 285 LETTER addressed to Judge Valerie E. Caproni from Eric J. Stock and the Non-Fixing Banks dated June 30, 2017 re: request to provide the Non-Fixing Banks with the Incorporated Materials. Document filed by UBS AG.(Stock, Eric)
June 30, 2017 Filing 284 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent BNP Paribas, S.A. for BNP Paribas Fortis S.A./N.V.. Document filed by BNP Paribas Fortis S.A./N.V..(Goldberg, Joshua)
June 30, 2017 Filing 283 NOTICE OF APPEARANCE by Jason Robert Vitullo on behalf of BNP Paribas Fortis S.A./N.V.. (Vitullo, Jason)
June 30, 2017 Filing 282 LETTER addressed to Judge Valerie E. Caproni from Vincent Briganti dated June 30, 2017 re: Deutsche Bank Cooperation Materials. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Eric Nalven, J. Scott Nicholson, Don Tran.(Briganti, Vincent)
June 30, 2017 Filing 281 NOTICE OF APPEARANCE by Michelle Waller Cohen on behalf of BNP Paribas Fortis S.A./N.V.. (Cohen, Michelle)
June 30, 2017 Filing 280 NOTICE OF APPEARANCE by Stephen P. Younger on behalf of BNP Paribas Fortis S.A./N.V.. (Younger, Stephen)
June 30, 2017 Filing 279 NOTICE OF APPEARANCE by Joshua Aaron Goldberg on behalf of BNP Paribas Fortis S.A./N.V.. (Goldberg, Joshua)
June 30, 2017 Filing 278 LETTER addressed to Judge Valerie E. Caproni from William Wagener dated June 30, 2017 re: Extension of Deadline Answer. Document filed by The Bank of Nova Scotia. (Attachments: #1 Stipulation and Proposed Order)(Wagener, William)
June 29, 2017 Filing 277 NOTICE OF APPEARANCE by Brian Thomas Fitzpatrick on behalf of Barclays Bank PLC, Barclays Capital Inc., Barclays Capital Services Ltd.. (Fitzpatrick, Brian)
June 29, 2017 Filing 276 NOTICE OF APPEARANCE by Todd Steven Fishman on behalf of Barclays Bank PLC, Barclays Capital Inc., Barclays Capital Services Ltd.. (Fishman, Todd)
June 29, 2017 Filing 275 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Barclays PLC for Barclays Bank PLC, Barclays Capital Inc., Barclays Capital Services Ltd.. Document filed by Barclays Bank PLC, Barclays Capital Inc., Barclays Capital Services Ltd..(Feldberg, Michael)
June 29, 2017 Filing 274 NOTICE OF APPEARANCE by Michael Svetkey Feldberg on behalf of Barclays Bank PLC, Barclays Capital Inc., Barclays Capital Services Ltd.. (Feldberg, Michael)
June 29, 2017 Filing 273 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Bank Of America Corporation for Merrill Lynch, Pierce, Fenner & Smith Inc.. Document filed by Merrill Lynch, Pierce, Fenner & Smith Inc..(Hakki, Adam)
June 29, 2017 Filing 272 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Bank Of America Corporation for Bank of America, N.A.. Document filed by Bank of America, N.A..(Hakki, Adam)
June 29, 2017 Filing 271 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bank Of America Corporation.(Hakki, Adam)
June 29, 2017 Filing 270 NOTICE OF APPEARANCE by Richard Franklin Schwed on behalf of Bank Of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Inc.. (Schwed, Richard)
June 29, 2017 Filing 269 NOTICE OF APPEARANCE by Adam Selim Hakki on behalf of Bank Of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Inc.. (Hakki, Adam)
June 27, 2017 Opinion or Order Filing 268 ORDER: IT IS HEREBY ORDERED that discovery shall be stayed sine die pending the Court's resolution of the Non-Fixing Banks' motions to dismiss. While the Court is mindful of the age of this litigation and the fact that this case will continue with or without the Non-Fixing Banks, the interest of efficiency weighs heavily in favor of pausing discovery until the contours of the case are established clearly. (Signed by Judge Valerie E. Caproni on 6/27/2017) (kgo)
June 23, 2017 Filing 267 LETTER addressed to Judge Valerie E. Caproni from Eric Stock dated June 23, 2017 re: schedule for briefing on the motions to dismiss. Document filed by UBS AG. (Attachments: #1 Stipulation and Proposed Order)Filed In Associated Cases: 1:14-md-02573-VEC et al.(Stock, Eric)
June 23, 2017 Filing 266 LETTER addressed to Judge Valerie E. Caproni from Vincent Briganti dated June 23, 2017 re: Discovery. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(individually), Eric Nalven, J. Scott Nicholson, Don Tran.(Briganti, Vincent)
June 23, 2017 Filing 265 LETTER addressed to Judge Valerie E. Caproni from Damien Marshall dated June 23, 2017 re: permission to file response to June 8, 2017 Court Order under seal. Document filed by HSBC Bank U.S.A. N.A., HSBC Holdings plc, HSBC North America Holdings Inc., HSBC USA Inc..(Marshall, Damien)
June 20, 2017 Filing 264 NOTICE OF APPEARANCE by Eric Jonathan Stock on behalf of UBS AG. (Stock, Eric)
June 20, 2017 Filing 263 NOTICE OF APPEARANCE by Mark Adam Kirsch on behalf of UBS AG. (Kirsch, Mark)
June 19, 2017 Filing 262 ELECTRONIC SUMMONS ISSUED as to BNP Paribas Fortis S.A./N.V., Bank Of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Barclays Capital Services Ltd., Merrill Lynch, Pierce, Fenner & Smith Inc., Standard Chartered Bank. (pc)
June 16, 2017 Filing 261 NOTICE OF APPEARANCE by Roland Raymond St. Louis, III on behalf of J. Scott Nicholson, J. Scott Nicholson. Filed In Associated Cases: 1:14-md-02573-VEC, 1:14-cv-05682-VEC(St. Louis, Roland)
June 16, 2017 Filing 260 NOTICE OF APPEARANCE by Garam Choe on behalf of J. Scott Nicholson, J. Scott Nicholson. Filed In Associated Cases: 1:14-md-02573-VEC, 1:14-cv-05682-VEC(Choe, Garam)
June 16, 2017 Filing 259 REQUEST FOR ISSUANCE OF SUMMONS as to Barclays PLC, Barclays Capital Inc., Barclays Capital Services Ltd., BNP Paribas Fortis S.A./N.V., Standard Chartered Bank, Bank of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Inc., re: #258 Amended Complaint,,,,,,. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(individually), Eric Nalven, J. Scott Nicholson, Don Tran. (Attachments: #1 Schedule A to Request for Issuance of Summons)(Briganti, Vincent)
June 16, 2017 Filing 258 THIRD AMENDED COMPLAINT amending #63 Amended Complaint,,,,, against DB U.S. Financial Markets Holding Corporation, Deutsche Bank AG, Deutsche Bank AG, New York Branch, Deutsche Bank Americas Holding Corporation, Deutsche Bank Securities, Inc., Deutsche Bank Trust Company Americas, Deutsche Bank Trust Corporation, HSBC Bank PLC, HSBC Bank U.S.A. N.A., HSBC Holdings plc, HSBC North America Holdings Inc., HSBC USA Inc., Jane Does 1-100, Scotia Capital (USA) Inc., Scotia Holdings (US) Inc., Scotiabanc Inc., The Bank of Nova Scotia, The Bank of Nova Scotia Trust Company of New York, UBS AG, Barclays Bank PLC, Barclays Capital Inc., Barclays Capital Services Ltd., BNP Paribas Fortis S.A./N.V., Standard Chartered Bank, Bank Of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Inc. with JURY DEMAND.Document filed by Kevin Maher(on behalf of those similarly situated), Norman Bailey, Robert Ceru, Christopher Depaoli, Don Tran, J. Scott Nicholson, Laurence Hughes, John Hayes, Eric Nalven, KPFF Investment, Inc.. Related document: #63 Amended Complaint,,,,, filed by Norman Bailey, Christopher Depaoli, Robert Ceru, Don Tran, KPFF Investment, Inc., Laurence Hughes, Kevin Maher, Eric Nalven, J. Scott Nicholson, John Hayes. (Attachments: #1 Third Amended Consolidated Class Action Complaint Part II, #2 Appendix Appendix A, #3 Appendix Appendix B, #4 Appendix Appendix C Part 1, #5 Appendix Appendix C Part 2, #6 Appendix Appendix C Part 3, #7 Appendix Appendix C Part 4, #8 Appendix Appendix D)(Briganti, Vincent)
June 15, 2017 Opinion or Order Filing 257 MEMO ENDORSEMENT: on re: #256 Letter, filed by Jerry Barrett, Class Plaintiffs, Christopher Depaoli, Robert Ceru, Rebecca Barrett, Kevin Maher, John Hayes, Steven E. Summer, Norman Bailey, Modern Settings LLC, Don Tran, Laurence Hughes, KPFF Investment, Inc., J. Scott Nicholson, Eric Nalven, American Precious Metals Ltd. ENDORSEMENT: The Court finds that for substantially the reasons given in the Court's order granting leave to amend, entered June 8, 2017, Plaintiffs will be permitted to include their proposed new allegations in the Third Amended Complaint. (Signed by Judge Valerie E. Caproni on 6/15/2017) (ap)
June 15, 2017 Filing 256 LETTER addressed to Judge Valerie E. Caproni from Vincent Briganti dated June 15, 2017 re: Proposed new allegations. Document filed by American Precious Metals Ltd, Norman Bailey, Jerry Barrett, Rebecca Barrett, Robert Ceru, Class Plaintiffs, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Kevin Maher(individually), Modern Settings LLC(a New York limited liability company), Modern Settings LLC(a Florida limited liability company, on behalf of himself and all others similarly situated), Eric Nalven, J. Scott Nicholson, Steven E. Summer, Don Tran. (Attachments: #1 Proposed New Allegations)(Briganti, Vincent)
June 15, 2017 Filing 255 REDACTION of Letter addressed to Judge Valerie E. Caproni from Stephen Ehrenberg dated June 6, 2017 by The Bank of Nova Scotia(Ehrenberg, Stephen)
June 12, 2017 Filing 254 NOTICE OF CHANGE OF ADDRESS by Kuangyan Huang on behalf of DB U.S. Financial Markets Holding Corporation, Deutsche Bank AG, Deutsche Bank AG, New York Branch, Deutsche Bank Americas Holding Corporation, Deutsche Bank Securities, Inc., Deutsche Bank Trust Company Americas, Deutsche Bank Trust Corporation. New Address: Latham & Watkins LLP, 885 Third Avenue, New York, New York, 10022, (212) 906-1200. (Huang, Kuangyan)
June 8, 2017 Set/Reset Deadlines: Amended Pleadings due by 6/16/2017. (kgo)
June 8, 2017 Opinion or Order Filing 253 MEMORANDUM ORDER granting #179 Motion to Amend/Correct. Plaintiffs' Motion for Leave to Amend and File the PTAC is GRANTED. Plaintiffs are directed to file the PTAC, as revised in accordance with their April 28, 2017 letter to the Court, Dkt. 235, by June 16, 2017. Plaintiffs and counsel for the Non-Fixing Banks are directed to confer and jointly propose a schedule for briefing on the Non-Fixing Banks' motions to dismiss. Plaintiffs and counsel for the Fixing Banks are directed to confer on whether discovery should be stayed pending the Court's ruling on the Non-Fixing Banks' motions to dismiss. The parties should submit their views to the Court by June 23, 2017. (Signed by Judge Valerie E. Caproni on 6/8/2017) (kgo)
June 8, 2017 Filing 252 MEMO ENDORSEMENT on re: #251 Letter,, filed by Jerry Barrett, Class Plaintiffs, Christopher Depaoli, Robert Ceru, Rebecca Barrett, Kevin Maher, John Hayes, Steven E. Summer, Norman Bailey, Modern Settings LLC, Don Tran, Laurence Hughes, KPFF Investment, Inc., J. Scott Nicholson, Eric Nalven, American Precious Metals Ltd. ENDORSEMENT: Defendants' application to file under seal is GRANTED, subject to Court-approval of Defendants' proposed redactions in accordance with the Court's Individual Practices. (Signed by Judge Valerie E. Caproni on 6/8/2017) (kgo)
June 7, 2017 Filing 251 LETTER addressed to Judge Valerie E. Caproni from Vincent Briganti dated June 7, 2017 re: Response to Defendants' June 6, 2017 Letter. Document filed by American Precious Metals Ltd, Norman Bailey, Jerry Barrett, Rebecca Barrett, Robert Ceru, Class Plaintiffs, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Kevin Maher(individually), Modern Settings LLC(a New York limited liability company), Modern Settings LLC(a Florida limited liability company, on behalf of himself and all others similarly situated), Eric Nalven, J. Scott Nicholson, Steven E. Summer, Don Tran.(Briganti, Vincent)
June 7, 2017 Filing 250 NOTICE OF CHANGE OF ADDRESS by Joseph Serino, JR on behalf of DB U.S. Financial Markets Holding Corporation, Deutsche Bank AG, Deutsche Bank AG, New York Branch, Deutsche Bank Americas Holding Corporation, Deutsche Bank Securities, Inc., Deutsche Bank Trust Company Americas, Deutsche Bank Trust Corporation. New Address: Latham & Watkins LLP, 885 Third Avenue, New York, New York, 10022, (212) 906-1200. (Serino, Joseph)
June 6, 2017 Filing 249 LETTER addressed to Judge Valerie E. Caproni from Stephen Ehrenberg dated June 6, 2017 re: Under Seal Filing of Response to Plaintiffs' June 5, 2017 Letter. Document filed by The Bank of Nova Scotia.(Ehrenberg, Stephen)
June 5, 2017 Filing 248 LETTER addressed to Judge Valerie E. Caproni from Vincent Briganti dated 06/05/2017 re: David Liew CFTC Order and DOJ Plea Agreement. Document filed by American Precious Metals Ltd, Norman Bailey, Jerry Barrett, Rebecca Barrett, Robert Ceru, Class Plaintiffs, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Kevin Maher(individually), Modern Settings LLC(a New York limited liability company), Modern Settings LLC(a Florida limited liability company, on behalf of himself and all others similarly situated), Eric Nalven, J. Scott Nicholson, Steven E. Summer, Don Tran. (Attachments: #1 Plea Agreement, #2 CFTC Order)(Briganti, Vincent)
June 5, 2017 Filing 247 NOTICE OF CHANGE OF ADDRESS by Scott Vincent Papp on behalf of J. Scott Nicholson. New Address: Lowey Dannenberg, P.C., 44 South Broadway, Suite 1100, White Plains, NY, United States 10601, 914-997-0500. Filed In Associated Cases: 1:14-md-02573-VEC, 1:14-cv-05682-VEC(Papp, Scott)
June 5, 2017 Filing 246 NOTICE OF CHANGE OF ADDRESS by Garam Choe on behalf of J. Scott Nicholson. New Address: Lowey Dannenberg, P.C., 44 South Broadway, Suite 1100, White Plains, NY, United States 10601, 914-997-0500. Filed In Associated Cases: 1:14-md-02573-VEC, 1:14-cv-05682-VEC(Choe, Garam)
June 5, 2017 Filing 245 NOTICE OF CHANGE OF ADDRESS by Roland Raymond St. Louis, III on behalf of J. Scott Nicholson. New Address: Lowey Dannenberg, P.C., 44 South Broadway, Suite 1100, White Plains, NY, United States 10601, 914-997-0500. Filed In Associated Cases: 1:14-md-02573-VEC, 1:14-cv-05682-VEC(St. Louis, Roland)
June 5, 2017 Filing 244 NOTICE OF CHANGE OF ADDRESS by Michelle Elizabeth Conston on behalf of J. Scott Nicholson. New Address: Lowey Dannenberg, P.C., 44 South Broadway, Suite 1100, White Plains, NY, United States 10601, 914-997-0500. Filed In Associated Cases: 1:14-md-02573-VEC, 1:14-cv-05682-VEC(Conston, Michelle)
June 5, 2017 Filing 243 NOTICE OF CHANGE OF ADDRESS by Christian Levis on behalf of J. Scott Nicholson. New Address: Lowey Dannenberg, P.C., 44 South Broadway, Suite 1100, White Plains, NY, United States 10601, 914-997-0500. Filed In Associated Cases: 1:14-md-02573-VEC, 1:14-cv-05682-VEC(Levis, Christian)
June 5, 2017 Filing 242 NOTICE OF CHANGE OF ADDRESS by Barbara J. Hart on behalf of J. Scott Nicholson. New Address: Lowey Dannenberg, P.C., 44 South Broadway, Suite 1100, White Plains, NY, United States 10601, 914-997-0500. Filed In Associated Cases: 1:14-md-02573-VEC, 1:14-cv-05682-VEC(Hart, Barbara)
June 5, 2017 Filing 241 NOTICE OF CHANGE OF ADDRESS by Thomas Michael Skelton on behalf of J. Scott Nicholson. New Address: Lowey Dannenberg, P.C., 44 South Broadway, Suite 1100, White Plains, NY, United States 10601, 914-997-0500. Filed In Associated Cases: 1:14-md-02573-VEC, 1:14-cv-05682-VEC(Skelton, Thomas)
June 5, 2017 Filing 240 NOTICE OF CHANGE OF ADDRESS by Raymond Peter Girnys on behalf of J. Scott Nicholson. New Address: Lowey Dannenberg, P.C., 44 South Broadway, Suite 1100, White Plains, NY, United States 10601, 914-997-0500. Filed In Associated Cases: 1:14-md-02573-VEC, 1:14-cv-05682-VEC(Girnys, Raymond)
June 5, 2017 Filing 239 NOTICE OF CHANGE OF ADDRESS by Peter Dexter St. Phillip, Jr on behalf of J. Scott Nicholson. New Address: Lowey Dannenberg, P.C., 44 South Broadway, Suite 1100, White Plains, NY, United States 10601, 914-997-0500. Filed In Associated Cases: 1:14-md-02573-VEC, 1:14-cv-05682-VEC(St. Phillip, Peter)
June 2, 2017 Filing 238 NOTICE OF CHANGE OF ADDRESS by Vincent Briganti on behalf of J. Scott Nicholson. New Address: Lowey Dannenberg, P.C., 44 South Broadway, Suite 1100, White Plains, NY, United States 10601, 914-997-0500. Filed In Associated Cases: 1:14-md-02573-VEC, 1:14-cv-05682-VEC(Briganti, Vincent)
June 2, 2017 Filing 237 NOTICE OF CHANGE OF ADDRESS by Geoffrey Milbank Horn on behalf of J. Scott Nicholson. New Address: Lowey Dannenberg, P.C., 44 South Broadway, Suite 1100, White Plains, NY, United States 10601, 914-997-0500. Filed In Associated Cases: 1:14-md-02573-VEC, 1:14-cv-05682-VEC(Horn, Geoffrey)
May 10, 2017 Filing 236 SEALED DOCUMENT placed in vault.(rz)
April 27, 2017 Filing 235 LETTER addressed to Judge Valerie E. Caproni from Vincent Briganti and Robert Eisler dated April 27, 2017 re: Motion to Amend. Document filed by American Precious Metals Ltd, Norman Bailey, Jerry Barrett, Rebecca Barrett, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Modern Settings LLC(a New York limited liability company), Eric Nalven, J. Scott Nicholson, Steven E. Summer, Don Tran.(Briganti, Vincent)
April 25, 2017 Filing 234 NOTICE OF APPEARANCE by Garam Choe on behalf of J. Scott Nicholson. Filed In Associated Cases: 1:14-md-02573-VEC, 1:14-cv-05682-VEC(Choe, Garam)
April 24, 2017 Opinion or Order Filing 233 ORDER: IT IS HEREBY ORDERED that, in light of Plaintiffs' pending motions for leave to amend and file their proposed third amended complaints, the parties' deadline to submit revised case management plans and the May 12, 2017 conference are adjourned sine die. (Signed by Judge Valerie E. Caproni on 4/24/2017) (kgo)
April 10, 2017 Filing 232 MEMO ENDORSEMENT granting #231 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. Attorney Joel Steven Sanders terminated. (Signed by Judge Valerie E. Caproni on 4/10/2017) (ras)
April 5, 2017 Filing 231 MOTION for Joel S. Sanders to Withdraw as Attorney . Document filed by UBS AG.(Sanders, Joel)
March 23, 2017 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #230 MOTION for Jessica E. Phillips to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13454231. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
March 22, 2017 Filing 230 MOTION for Jessica E. Phillips to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13454231. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by HSBC Bank U.S.A. N.A., HSBC Holdings plc, HSBC North America Holdings Inc., HSBC USA Inc.. (Attachments: #1 Declaration of Jessica Phillips, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Phillips, Jessica)
March 14, 2017 Filing 229 FIRST LETTER addressed to Judge Valerie E. Caproni from Hugh Sandler dated March 14, 2017 re: Withdrawal of Request. Document filed by Eric Nalven.(Sandler, Hugh)
March 13, 2017 Opinion or Order Filing 228 MEMO ENDORSEMENT: on re: (240 in 1:14-md-02548-VEC) Letter filed by HSBC Bank PLC, (227 in 1:14-md-02573-VEC) Letter, filed by HSBC USA Inc., HSBC Holdings plc, HSBC Bank U.S.A. N.A., HSBC North America Holdings Inc. ENDORSEMENT: By March 17, 2017, the Nussbaum firm is directed to respond to HSBC's objection. Also by March 17, 2017, Interim Class Counsel are directed to inform the Court as to whether they believe it is appropriate to provide the Nussbaum firm access to the sealed record in the above-captioned matters. SO ORDERED., ( Responses due by 3/17/2017) (Signed by Judge Valerie E. Caproni on 3/13/2017) (ama)
March 10, 2017 Filing 227 LETTER addressed to Judge Valerie E. Caproni from Damien Marshall dated March 10, 2017 re: March 7, 2017 Endorsed Letter (Gold ECF No. 239). Document filed by HSBC Bank U.S.A. N.A., HSBC Holdings plc, HSBC North America Holdings Inc., HSBC USA Inc..(Marshall, Damien)
March 7, 2017 Opinion or Order Filing 226 ENDORSED LETTER (email) addressed to Nicholas M. Axelrod from Hugh Sandler dated 3/3/2017 re: I, and my colleague Linda Nussbaum (who is cc'd here), are counsel who have appeared in the matters referenced in the subject line of this email. I write to inquire as to whether we may be included in the Courts under seal communications in these matters. ENDORSEMENT: Any party that objects to providing Mr. Sandler and Ms. Nussbaum with access to the sealed record in these matters is directed to inform the Court of their objection by March 10, 2017. The Court reminds counsel that ex parte correspondence with the Court is generally not permitted without Court approval. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/7/2017). Entry made in cases 14md2548 and 14md2573 only, as per Chambers. (rjm)
February 28, 2017 Filing 225 LETTER addressed to Judge Valerie E. Caproni from Stephen Ehrenberg dated Feb. 28, 2017 re: Clarification of the Court's Feb. 8, 2017 Sealed Order. Document filed by The Bank of Nova Scotia(also known as Scotiabank also known as Scotiamocatta).(Ehrenberg, Stephen)
February 14, 2017 Opinion or Order Filing 224 MEMO ENDORSEMENT on re: (223 in 1:14-md-02573-VEC) Letter, filed by Norman Bailey, Christopher Depaoli, Robert Ceru, Don Tran, KPFF Investment, Inc., Laurence Hughes, Kevin Maher, Eric Nalven, J. Scott Nicholson, John Hayes, (235 in 1:14-md-02548-VEC) Letter, filed by Kevin Maher. ENDORSEMENT: Application DENIED. The parties are directed to abstain from filing a response to the Fraud Section's February 10, 2017 letter pending receipt by the Court of the information required by the Court's February 14, 2017 sealed order. (Signed by Judge Valerie E. Caproni on 2/14/2017) (mro)
February 14, 2017 Filing 223 LETTER addressed to Judge Valerie E. Caproni from Vincent Briganti & Robert Eisler dated February 14, 2017 re: Under Seal Filing of Plaintiffs' Opposition to the Department of Justice's February 10 Letter Requesting Clarification of the Court's February 8 Order. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Eric Nalven, J. Scott Nicholson, Don Tran.(Briganti, Vincent)
February 10, 2017 Filing 222 LETTER addressed to Judge Valerie E. Caproni from Michael J. Rinaldi dated February 10, 2017 re: In re Commodity Exch., Inc. Gold Futures & Options Trading Litig., Nos. 14-MD-2548, 14-MC-2548 (S.D.N.Y.); In re London Silver Fixing, Ltd., Antitrust Litig., Nos. 14-MD-2573, 14-MC-2573 (S.D.N.Y.). Document filed by U.S. Department Of Justice.(Rinaldi, Michael)
February 3, 2017 Filing 221 LETTER addressed to Judge Valerie E. Caproni from Vincent Briganti & Robert Eisler dated February 3, 2017 re: Redacted Response to the United States of America's Submission of January 27, 2017. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Eric Nalven, J. Scott Nicholson, Don Tran. (Attachments: #1 Exhibit Redacted Response to the United States of America's Submission of January 27, 2017)(Briganti, Vincent)
February 3, 2017 Filing 220 LETTER addressed to Judge Valerie E. Caproni from Vincent Briganti & Robert Eisler dated February 3, 2017 re: Revised Redactions to Plaintiffs' Opposition to the DOJ's Motion to Intervene and to Partially Stay Discovery. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(individually), Eric Nalven, J. Scott Nicholson, Don Tran. (Attachments: #1 Exhibit Revised Redacted Letter Requesting Sealing of Plaintiffs' Opposition to the DOJ's Motion to Intervene and to Partially Stay Discovery, #2 Exhibit Revised Redacted Opposition to the DOJ's Motion to Intervene and to Partially Stay Discovery)(Briganti, Vincent)
February 2, 2017 Opinion or Order Filing 219 ORDER: IT IS HEREBY ORDERED that any party that objects to the Court holding a further ex parte conference with the Department of Justice, Fraud Section, so that the Court may better understand the basis for the Fraud Section's request for a partial stay of discovery, must inform the Court of its objection by February 3, 2017. (Signed by Judge Valerie E. Caproni on 2/2/2017) (kgo)
February 1, 2017 Filing 218 LETTER addressed to Judge Valerie E. Caproni from Stephen Ehrenberg dated Feb. 1, 2017 re: Under Seal Filing of Response to the U.S. Dept of Justice's Jan. 27, 2017 Submission. Document filed by The Bank of Nova Scotia.(Ehrenberg, Stephen)
February 1, 2017 Opinion or Order Filing 217 ORDER NO. 18: IT IS HEREBY ORDERED that having considered plaintiffs' proposed redactions in light of the presumption of access to judicial documents described by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006), the Court concludes that plaintiffs' redactions are overbroad. In particular, the proposed redactions obscure information that is already in the public domain or that does not have any bearing on the Department's investigations. The Court will provide the parties with a revised set of redactions under seal. IT IS HEREBY FURTHER ORDERED that plaintiffs shall file a revised redacted submission consistent with the Court's comments or show cause why the identified passages of plaintiffs' submission should not be unsealed by February 6, 2017. (Signed by Judge Valerie E. Caproni on 2/1/2017) (kgo)
January 31, 2017 Filing 216 REDACTION of Plaintiffs' Opposition to the DOJ's Motion to Intervene and to Partially Stay Discovery by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Eric Nalven, J. Scott Nicholson, Don Tran(Briganti, Vincent)
January 31, 2017 Filing 215 REDACTION of Plaintiffs' Letter Requesting Sealing of Plaintiffs' Opposition to the DOJ's Motion to Intervene and to Partially Stay Discovery by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Eric Nalven, J. Scott Nicholson, Don Tran(Briganti, Vincent)
January 31, 2017 Filing 214 LETTER addressed to Judge Valerie E. Caproni from Vincent Briganti & Robert Eisler dated January 31, 2017 re: Redacted Version of Plaintiffs' Opposition to the DOJ's Motion to Intervene and to Partially Stay Discovery. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Eric Nalven, J. Scott Nicholson, Don Tran.(Briganti, Vincent)
January 30, 2017 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #213 MOTION for Michael A. Brille 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 27, 2017 Filing 213 MOTION for Michael A. Brille to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by HSBC Bank U.S.A. N.A., HSBC Holdings plc, HSBC North America Holdings Inc., HSBC USA Inc.. (Attachments: #1 Declaration of Michael A. Brille, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Brille, Michael)
January 27, 2017 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #212 MOTION for Michael A. Brille to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13250796. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): MISSING AFFIDAVIT OR DECLARATION PURSUANT TO LOCAL RULE 1.3;. 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)
January 27, 2017 Filing 212 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michael A. Brille to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13250796. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by HSBC Bank U.S.A. N.A., HSBC Holdings plc, HSBC North America Holdings Inc., HSBC USA Inc.. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Brille, Michael) Modified on 1/27/2017 (ma).
January 27, 2017 Filing 211 NOTICE OF APPEARANCE by Michael John Rinaldi on behalf of U.S. Department Of Justice. (Rinaldi, Michael)
January 26, 2017 Filing 210 NOTICE OF APPEARANCE by Laura Elizabeth Harris on behalf of HSBC Bank U.S.A. N.A., HSBC Holdings plc, HSBC North America Holdings Inc., HSBC USA Inc.. (Harris, Laura)
January 26, 2017 Filing 209 NOTICE OF APPEARANCE by Leigh Mager Nathanson on behalf of HSBC Bank U.S.A. N.A., HSBC Holdings plc, HSBC North America Holdings Inc., HSBC USA Inc.. (Nathanson, Leigh)
January 26, 2017 Filing 208 NOTICE OF APPEARANCE by Damien Jerome Marshall on behalf of HSBC Bank U.S.A. N.A., HSBC Holdings plc, HSBC North America Holdings Inc., HSBC USA Inc.. (Marshall, Damien)
January 26, 2017 Filing 207 SEALED DOCUMENT placed in vault.(rz)
January 24, 2017 Filing 206 MEMO ENDORSEMENT on re: #205 Notice of Withdrawal of Marshall H. Fishman filed by HSBC USA Inc., HSBC Holdings plc, HSBC Bank U.S.A. N.A., HSBC North America Holdings Inc. ENDORSEMENT: Application GRANTED. Attorney Marshall Howard Fishman terminated. (Signed by Judge Valerie E. Caproni on 1/24/2017) (mro)
January 23, 2017 Filing 205 NOTICE of of Withdrawal of Marshall H. Fishman. Document filed by HSBC Bank U.S.A. N.A., HSBC Holdings plc, HSBC North America Holdings Inc., HSBC USA Inc.. (Fishman, Marshall)
January 20, 2017 Filing 204 SEALED DOCUMENT placed in vault.(rz)
January 18, 2017 Opinion or Order Filing 203 STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (As further set forth in this Order.) (Signed by Judge Valerie E. Caproni on 1/18/2017) (cf)
January 17, 2017 Filing 202 LETTER addressed to Judge Valerie E. Caproni from Vincent Briganti & Robert Eisler dated 01/17/2017 re: Proposed Protective Order. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Eric Nalven, J. Scott Nicholson, Don Tran. (Attachments: #1 Exhibit A)(Briganti, Vincent)
January 13, 2017 Filing 201 NOTICE OF APPEARANCE by Carol L Sipperly on behalf of U.S. Department Of Justice. (Sipperly, Carol)
January 13, 2017 Filing 200 NOTICE of Notice of Filing of Redacted Version. Document filed by U.S. Department Of Justice. (Attachments: #1 Exhibit Redacted Notice to Intervene, #2 Exhibit Redacted Memorandum of Law)(Sipperly, Carol)
January 12, 2017 Opinion or Order Filing 199 ORDER NO. 16: It is HEREBY ORDERED that by January 13, 2017, the Department is directed to publicly file a redacted version of its notice of motion and supporting memorandum of law, bearing in mind the public's common law right of access to judicial documents and the countervailing interests of, inter alia, law enforcement, judicial efficiency, and privacy. See Lugosch v. Pyramid Co. of Onodaga, 435 F.3d 110, 119-20 (2d Cir. 2006). It is HEREBY FURTHER ORDERED that any party that opposes the Department's motion is directed to file a response by noon, 12:00 p.m. on January 19, 2017. Motions due by 1/13/2017. Responses due by 1/19/2017 (Signed by Judge Valerie E. Caproni on 1/12/2017) (kgo)
January 5, 2017 Filing 198 MEMO ENDORSEMENT granting #197 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. Attorney John Joseph Hughes, III terminated. (Signed by Judge Valerie E. Caproni on 1/5/2017) (kgo)
January 3, 2017 Filing 197 MOTION for John Joseph Hughes, III to Withdraw as Attorney for The Bank of Nova Scotia. Document filed by Scotia Capital (USA) Inc., Scotia Holdings (US) Inc., Scotiabanc Inc., The Bank of Nova Scotia(also known as Scotiabank also known as Scotiamocatta). (Attachments: #1 Text of Proposed Order, #2 Affidavit)(Hughes, John)
December 27, 2016 Opinion or Order Filing 196 ORDER NO. 15: It is HEREBY ORDERED that Defendants shall produce all documents previously produced to non-affiliated entities regarding their gold and silver trading. Defendants may redact documents regarding non-gold and non-silver precious metals trading. This ruling does not pre-judge the permissible scope of discovery to be conducted after this limited production. (Signed by Judge Valerie E. Caproni on 12/27/2016) (kgo)
December 27, 2016 Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone Conference held on 12/27/2016. Re: Discovery (Brantley, Michael).
December 22, 2016 Filing 195 MEMO ENDORSEMENT on re: (195 in 1:14-md-02548-VEC) Letter, filed by Kevin Maher. ENDORSEMENT: Application GRANTED. (Signed by Judge Valerie E. Caproni on 12/22/2016) (kgo)
December 22, 2016 Filing 194 JOINT LETTER MOTION for Extension of Time to file joint proposed protective order addressed to Judge Valerie E. Caproni from Class Plaintiffs dated December 22, 2016. Document filed by Class Plaintiffs.(Eisler, Robert)
December 22, 2016 Filing 193 REPLY MEMORANDUM OF LAW in Support re: #179 MOTION to Amend/Correct #63 Amended Complaint,,,,, . . Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Eric Nalven, J. Scott Nicholson, Don Tran. (Briganti, Vincent)
December 15, 2016 Filing 192 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE CORRECTED proceeding held on 12/8/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
December 15, 2016 Filing 191 TRANSCRIPT of Proceedings re: CORRECTED TRANSCRIPT held on 12/8/2016 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/5/2017. Redacted Transcript Deadline set for 1/17/2017. Release of Transcript Restriction set for 3/15/2017.(McGuirk, Kelly)
December 15, 2016 Filing 190 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/8/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
December 15, 2016 Filing 189 TRANSCRIPT of Proceedings re: CONFERNECE held on 12/8/2016 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/5/2017. Redacted Transcript Deadline set for 1/17/2017. Release of Transcript Restriction set for 3/15/2017.(McGuirk, Kelly)
December 14, 2016 Filing 188 NOTICE OF APPEARANCE by Roland Raymond St. Louis, III on behalf of J. Scott Nicholson. Filed In Associated Cases: 1:14-md-02573-VEC, 1:14-cv-05682-VEC(St. Louis, Roland)
December 12, 2016 Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone Conference held on 12/12/2016. Re: Government's status report on the London Silver Fixing Litigation investigation (Court Reporter Carol Ganley) (Brantley, Michael)
December 9, 2016 Filing 187 MEMO ENDORSEMENT on re: #184 Letter, filed by Norman Bailey, Christopher Depaoli, Robert Ceru, Don Tran, KPFF Investment, Inc., Laurence Hughes, Kevin Maher, Eric Nalven, J. Scott Nicholson, John Hayes. ENDORSEMENT: Application GRANTED. ( Replies due by 12/22/2016.) (Signed by Judge Valerie E. Caproni on 12/9/2016) (kgo) Modified on 12/9/2016 (kgo).
December 9, 2016 Opinion or Order Filing 186 ORDER NO.14: It is HEREBY ORDERED that any party that objects to the Court granting the Department's request must file its objection by 12:00 p.m., noon, Monday, December 12, 2016. (Signed by Judge Valerie E. Caproni on 12/9/2016) (kgo)
December 9, 2016 Opinion or Order Filing 185 ORDER NO. 13: It is HEREBY ORDERED that, subject to the Court having so ordered a Protective Order prior to the required dates, the parties must produce the following information herein on or before January 23, 2017. It is HEREBY FURTHER ORDERED that, after reviewing the material ordered to be produced, the parties must meet and confer regarding (i) a case management plan for further discovery in this case and (ii) e-discovery and production format protocols. The parties shall submit by March 1, 2017, a joint proposed case management plan (if possible) or separate plans (if a joint plan is not possible) for further discovery in this case; It is HEREBY FURTHER ORDERED that the Court shall hold a status conference in this matter on March 9, 2017 in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY 10007. (Signed by Judge Valerie E. Caproni on 12/9/2016) (kgo)
December 9, 2016 Filing 184 LETTER addressed to Judge Valerie E. Caproni from Vincent Briganti & Robert Eisler dated December 9, 2016 re: Extension of time to file reply memorandum. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Kevin Maher(individually), Eric Nalven, J. Scott Nicholson, Don Tran.(Briganti, Vincent)
December 8, 2016 Set/Reset Deadlines: (ama)
December 8, 2016 Minute Entry for proceedings held before Judge Valerie E. Caproni: Interim Pretrial Conference held on 12/8/2016. See order for scheduling and deadlines set by the Court. (Court Reporter Rebecca Foreman) Associated Cases: 1:14-md-02573-VEC et al.(Brantley, Michael)
December 8, 2016 Opinion or Order Filing 183 ORDER: ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned In re: London Silver Fixing, Ltd., Antitrust Litigation (No. 14-md-2573), and In re Cmty. Exch., Inc., Gold Futures & Options Trading Litig. (No. 14-md-2548) The dates (s) for which such authorization is provided is (are) December 8, 2016. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/08/2016) (ama) Modified on 12/8/2016 (ama). Modified on 12/8/2016 (ama).
December 7, 2016 Opinion or Order Filing 182 ORDER NO. 12: In advance of the parties' status conference on December 8, 2016, the Court requests that counsel for the Defendants be prepared to address the following topics and issues herein in respect of their proposed Case Management Plan. In advance of the parties' status conference on December 8, 2016, the Court requests that counsel for the Plaintiffs be prepared to address the following topic and issues in respect of their proposed Case Management Plan: 1. How Plaintiffs envision litigating foreign data privacy objections as a threshold issue and in the abstract. (Signed by Judge Valerie E. Caproni on 12/7/2016) (kgo)
December 7, 2016 Filing 181 MEMORANDUM OF LAW in Opposition re: #179 MOTION to Amend/Correct #63 Amended Complaint,,,,, . DEFENDANT UBS AG'S OPPOSITION TO PLAINTIFFS' MOTION FOR LEAVE TO AMEND AND FILE THE PROPOSED THIRD CONSOLIDATED AMENDED CLASS ACTION COMPLAINT. Document filed by UBS AG. (Arp, David)
December 7, 2016 Filing 180 MEMORANDUM OF LAW in Support re: #179 MOTION to Amend/Correct #63 Amended Complaint,,,,, . . Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Kevin Maher(individually), Eric Nalven, J. Scott Nicholson, Don Tran. (Attachments: #1 Exhibit A Part 1, #2 Exhibit A Part 2, #3 Appendix A, #4 Appendix B, #5 Appendix C Part 1, #6 Appendix C Part 2, #7 Appendix C Part 3, #8 Appendix C Part 4, #9 Appendix D)(Briganti, Vincent)
December 7, 2016 Filing 179 MOTION to Amend/Correct #63 Amended Complaint,,,,, . Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Kevin Maher(individually), Eric Nalven, J. Scott Nicholson, Don Tran.(Briganti, Vincent)
December 7, 2016 Filing 178 NOTICE OF APPEARANCE by Deborah A. Elman on behalf of Class Plaintiffs. (Elman, Deborah)
December 7, 2016 Filing 177 NOTICE OF APPEARANCE by William Henry Wagener on behalf of Scotia Capital (USA) Inc., Scotia Holdings (US) Inc., Scotiabanc Inc., The Bank of Nova Scotia. (Wagener, William)
December 6, 2016 Opinion or Order Filing 176 ORDER: It is hereby ORDERED that the following attorney(s) herein are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed herein into the Courthouse for use in a proceeding or trial in the action captioned In re: London Silver Fixing, Ltd. Antitrust Litigation. The date for which such authorization is provided is Thursday, December 8, 2016. (As further set forth herein.) (Signed by Judge Valerie E. Caproni on 12/6/2016) (kgo)
December 5, 2016 Opinion or Order Filing 175 MEMO ENDORSEMENT on re: (174 in 1:14-md-02573-VEC) Letter, filed by Deutsche Bank AG, New York Branch, Deutsche Bank Trust Corporation, Deutsche Bank Americas Holding Corporation, Deutsche Bank AG, Deutsche Bank Securities, Inc., Deutsche Bank Trust Company Americas. ENDORSEMENT: Application GRANTED. SO ORDERED. (Motions due by 12/7/2016.) (Signed by Judge Valerie E. Caproni on 12/5/2016) (kl)
December 5, 2016 Filing 174 LETTER addressed to Judge Valerie E. Caproni from Joseph Serino, Jr., P.C. dated December 5, 2016 re: the Unsealing of Plaintiffs Proposed Third Amended Complaint.. Document filed by Deutsche Bank AG, Deutsche Bank AG, New York Branch, Deutsche Bank Americas Holding Corporation, Deutsche Bank Securities, Inc., Deutsche Bank Trust Company Americas, Deutsche Bank Trust Corporation.(Serino, Joseph)
December 1, 2016 Filing 173 LETTER addressed to Judge Valerie E. Caproni from Vincent Briganti and Robert Eisler dated December 1, 2016 re: Plaintiffs' Proposed Civil Case Management Plan and Scheduling Order. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(individually), Eric Nalven, J. Scott Nicholson, Don Tran. (Attachments: #1 Text of Proposed Order)(Briganti, Vincent)
December 1, 2016 Filing 172 LETTER addressed to Judge Valerie E. Caproni from Stephen Ehrenberg dated December 1, 2016 re: Defendants' Proposed Civil Case Management Plan and Scheduling Order. Document filed by The Bank of Nova Scotia. (Attachments: #1 Exhibit, #2 Exhibit)(Ehrenberg, Stephen)
November 30, 2016 Opinion or Order Filing 171 STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO MOTION FOR LEAVE TO FILE THIRD CONSOLIDATED AMENDED CLASS-ACTION COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned respective counsel for the plaintiffs and UBS AG in the above-entitled proceedings, that: the time for UBS AG to respond to plaintiffs' Motion for Leave to File Third Consolidated Amended Class-Action Complaint, dated and filed under seal on November 17, 2016, shall be extended up to and including December 7, 2016; electronic signatures on this stipulation shall have the same force and effect as originals; and this stipulation, once fully executed, may be submitted to the Court without further notice. ( Responses due by 12/7/2016) (Signed by Judge Valerie E. Caproni on 11/30/2016) (kgo)
November 30, 2016 Filing 170 LETTER addressed to Judge Valerie E. Caproni from D. Jarrett Arp dated November 30, 2016 re: request for extension of time to respond. Document filed by UBS AG. (Attachments: #1 Attachment - Proposed Stipulation and Order)(Arp, David)
November 28, 2016 Filing 169 NOTICE of Withdrawal of Peter A. Barile II as Counsel for Plaintiffs Eric Nalven, Christopher DePaoli and Kevin Maher. Document filed by Christopher Depaoli, Kevin Maher(on behalf of those similarly situated), Kevin Maher(individually), Eric Nalven. (Barile, Peter)
November 28, 2016 Filing 168 MEMO ENDORSEMENT on re: #167 Letter, filed by HSBC Bank PLC, HSBC USA Inc., HSBC Holdings plc, HSBC Bank U.S.A. N.A., HSBC North America Holdings Inc.. ENDORSEMENT: Application GRANTED. Attorney Leah Friedman terminated. (Signed by Judge Valerie E. Caproni on 11/28/2016) (kgo)
November 23, 2016 Filing 167 LETTER addressed to Judge Valerie E. Caproni from Leah Friedman dated November 23, 2016 re: previously filed withdrawal of counsel (Dkt. No. 148). Document filed by HSBC Bank PLC, HSBC Bank U.S.A. N.A., HSBC Holdings plc, HSBC North America Holdings Inc., HSBC USA Inc..(Friedman, Leah)
November 23, 2016 Filing 166 PRELIMINARILY APPROVING CLASS ACTION SETTLEMENT AND CONDITIONALLY CERTIFYING A SETTLEMENT CLASS granting #154 Motion for Settlement. The Court preliminarily approves the Settlement as set forth in the Settlement Agreement, as being within the range of what may be found to be fair, reasonable, and adequate to the Settlement Class for the claims against Deutsche Bank. (As further set forth herein.) (Signed by Judge Valerie E. Caproni on 11/22/2016) (kgo)
November 18, 2016 Filing 165 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #154 MOTION for Settlement Preliminary Approval of Class Action Settlement. in accordance with the Courts October 27, 2016 Order (ECF No. 158). Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(individually), Eric Nalven, J. Scott Nicholson, Don Tran. (Briganti, Vincent)
November 17, 2016 Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone Conference held on 11/17/2016. Re: Filing documents under seal. (Court Reporter Linda Fisher) Associated Cases: 1:14-md-02573-VEC et al.(Brantley, Michael)
November 17, 2016 Filing 164 SEALED DOCUMENT placed in vault.(mps)
November 17, 2016 Opinion or Order Filing 163 ORDER NO. 11: IT IS HEREBY ORDERED that the parties are directed to show cause why the TAC should not be unsealed in its entirety by December 5, 2016. IT IS HEREBY FURTHER ORDERED that unless the Court directs otherwise, the TAC shall be unsealed in its entirety and filed on the public docket on December 7, 2016. The parties are ordered to meet-and-confer in good faith in advance of December 5, 2016, in order to resolve, if possible, any disputes regarding what portions of the TAC, if any, should remain sealed. The Court reminds the parties of their obligation to take appropriate steps to prevent the mishandling or misuse of sealed materials and the presumption of public access to judicial documents. (Signed by Judge Valerie E. Caproni on 11/17/2016) (kgo)
November 17, 2016 Filing 162 LETTER addressed to Judge Valerie E. Caproni from Vincent Briganti & Robert Eisler dated November 17, 2016 re: Response to Stephen Ehrenberg's November 17, 2016 Letter. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Kevin Maher(individually), Eric Nalven, J. Scott Nicholson, Don Tran.(Briganti, Vincent)
November 17, 2016 Filing 161 MEMO ENDORSEMENT on re: (162 in 1:14-md-02548-VEC) Letter filed by The Bank of Nova Scotia, (160 in 1:14-md-02573-VEC) Letter filed by The Bank of Nova Scotia. ENDORSEMENT: The Court will hold a telephonic conference to address this matter at 5:15 p.m. today, November 17, 2016. Defense counsel is directed to set up a conference call with the parties for that time and notify the Court of the dial-in information. Chambers may be reached at (212) 805-6350. (Telephone Conference set for 11/17/2016 at 05:15 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 11/17/2016) (tro)
November 17, 2016 Filing 160 LETTER addressed to Judge Valerie E. Caproni from Stephen Ehrenberg dated November 17, 2016 re: Plaintiffs' Proposed Ex Parte Filing. Document filed by The Bank of Nova Scotia.(Ehrenberg, Stephen)
November 15, 2016 Filing 159 INTERNET CITATION NOTE: Material from decision with Internet citation re: #151 Memorandum & Opinion. (Attachments: #1 Internet Citation, #2 Internet Citation, #3 Internet Citation) (vf)
October 27, 2016 Opinion or Order Filing 158 ORDER NO. 10: WHEREAS Plaintiffs have moved for preliminary approval of a settlement of all claims against Deutsche Bank AG and its subsidiaries that are defendants in this action and conditional certification of a settlement class, Dkt. 31; IT IS HEREBY ORDERED that: on or before November 19, 2016, Plaintiffs' counsel is directed to provide a supplemental submission in support of its motion for preliminary approval addressing the following issues: 1. The basis for the Court to provide even preliminary approval of a settlement class that excludes foreign claimants inasmuch as the proposed putative class as identified in the Second Amended Complaint, Dkt. 11 paragraph 259, appears to include silver traders worldwide; and 2. In light of the Court's Opinion and Order dated October 3, 2016, Dkt. 30, the basis for the Court to provide even preliminary approval of settlement class period that includes sales of silver prior to 2007 or after 2013. (Signed by Judge Valerie E. Caproni on 10/27/2016) Filed In Associated Cases: 1:14-md-02573-VEC et al.(cla) Modified on 10/27/2016 (cla). Modified on 11/21/2016 (cla).
October 17, 2016 Filing 157 DECLARATION of Robert G. Eisler in Support re: #154 MOTION for Settlement Preliminary Approval of Class Action Settlement.. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Kevin Maher(individually), Eric Nalven, J. Scott Nicholson, Don Tran. (Attachments: #1 Exhibit 1)(Briganti, Vincent)
October 17, 2016 Filing 156 DECLARATION of Vincent Briganti in Support re: #154 MOTION for Settlement Preliminary Approval of Class Action Settlement.. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Kevin Maher(individually), Eric Nalven, J. Scott Nicholson, Don Tran. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Briganti, Vincent)
October 17, 2016 Filing 155 MEMORANDUM OF LAW in Support re: #154 MOTION for Settlement Preliminary Approval of Class Action Settlement. . Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Kevin Maher(individually), Eric Nalven, J. Scott Nicholson, Don Tran. (Briganti, Vincent)
October 17, 2016 Filing 154 MOTION for Settlement Preliminary Approval of Class Action Settlement. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Kevin Maher(individually), Eric Nalven, J. Scott Nicholson, Don Tran. (Attachments: #1 Text of Proposed Order)(Briganti, Vincent)
October 12, 2016 Filing 153 MEMO ENDORSEMENT on re: (159 in 1:14-md-02548-VEC) Letter filed by Kevin Maher, (152 in 1:14-md-02573-VEC) Letter, filed by Norman Bailey, Class Plaintiffs, Christopher Depaoli, Robert Ceru, Don Tran, KPFF Investment, Inc., Laurence Hughes, Kevin Maher, Eric Nalven, J. Scott Nicholson, John Hayes. ENDORSEMENT: Application GRANTED. Plaintiffs' deadline to seek leave to amend shall be November 17, 2016. The conference currently scheduled for October 28, 2016, shall be rescheduled for December 8, 2016 at 2:00 p.m. The parties are directed to file a joint Case Management Plan on or before December 1, 2016. ( Pretrial Conference set for 12/8/2016 at 02:00 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 10/12/2016) (mro) (Main Document 153 replaced on 10/12/2016) (mro).
October 12, 2016 Filing 152 LETTER addressed to Judge Valerie E. Caproni from Robert Eisler & Vincent Briganti dated October 12, 2016 re: Extension of time to seek leave to amend. Document filed by Norman Bailey, Robert Ceru, Class Plaintiffs, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Eric Nalven, J. Scott Nicholson, Don Tran.(Eisler, Robert)
October 3, 2016 Terminated Answer Due Deadline for UBS AG: (rjm)
October 3, 2016 Set/Reset Hearings: Pretrial Conference set for 10/28/2016 at 03:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. Associated Cases: 1:14-md-02573-VEC et al. (rjm)
October 3, 2016 Opinion or Order Filing 151 OPINION AND ORDER. For the foregoing reasons, UBS's Motion to DISMISS is GRANTED in its entirety. The Fixing Members' Motion to Dismiss is GRANTED IN PART and DENIED IN PART. The Fixing Members' Motion to Dismiss is GRANTED with respect to Plaintiffs' antitrust claims for price fixing and unlawful restraint of trade from the beginning of the Class Period through December 31, 2006, and from January 1, 2014 through the end of the Class Period. The Fixing Members' Motion to Dismiss is further GRANTED with respect to Plaintiffs' manipulative device claims from the beginning of the Class Period through August 15, 2011, and with respect to Plaintiffs' claims for bid-rigging, and unjust enrichment. The Fixing Members' Motion to Dismiss is DENIED with respect to Plaintiffs' antitrust claims for price fixing and unlawful restraint of trade from January 1, 2007 through December 13, 2013. The Fixing Members' Motion to Dismiss is further DENIED with respect to Plaintiffs' price manipulation claims, Plaintiffs' manipulative device claims after August 15, 2011 and Plaintiffs' aiding and abetting and principal-agent claims. The Clerk of Court is respectfully directed to close the open motions at docket numbers 73 and 75. Plaintiffs' deadline to show good cause why leave to replead should be granted is October 17, 2016. The parties must appear for a pretrial conference on October 28, 2016 at 3:00 p.m. in courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY 10007. The parties, together with the parties in In re Commodity Exch., Inc., Gold Futures & Options Trading Litig., No. 14-md-2548 (VEC), must meet and confer regarding a proposed schedule for discovery and class certification. The parties are required to submit a joint proposal (if possible) or separate proposals (if a joint proposal is not possible) by October 21, 2016. Within that submission the parties must address whether discovery in this case should be consolidated with discovery in In re Commodity Exch., Inc., Gold Futures & Options Trading Litig., No. 14-md-2548 (VEC), and should include any other items they would like to discuss at the October 28, 2016 conference. SO ORDERED. re: (73 in 1:14-md-02573-VEC) MOTION to Dismiss Second Consolidated Amended Class Action Complaint filed by UBS AG, (20 in 1:14-cv-09068-VEC) MOTION to Dismiss Under FRCP 12(b)(6) & 12(f) filed by UBS AG, (26 in 1:14-cv-09068-VEC) MOTION to Dismiss Second Consolidated Amended Class Action Complaint filed by UBS AG, (75 in 1:14-md-02573-VEC) MOTION to Dismiss filed by HSBC USA Inc., HSBC Holdings plc, HSBC Bank U.S.A. N.A. HSBC North America Holdings Inc. (Signed by Judge Valerie E. Caproni on 10/3/2016) Filed In Associated Cases: 1:14-md-02573-VEC et al. Entry in cases as per Chambers. Party UBS AG terminated in 14md2573, 14-9068, as per Chambers. (rjm).
September 28, 2016 Filing 150 LETTER addressed to Judge Valerie E. Caproni from Marshall H. Fishman dated 9/28/16 re: Respond to Plaintiffs' September 23 Letter. Document filed by HSBC Bank U.S.A. N.A., HSBC Holdings plc, HSBC North America Holdings Inc., HSBC USA Inc..(Fishman, Marshall)
September 23, 2016 Filing 149 LETTER addressed to Judge Valerie E. Caproni from Vincent Briganti dated September 23, 2016 re: Notice of Supplemental Authority. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Eric Nalven, J. Scott Nicholson, Don Tran. (Attachments: #1 Exhibit A)(Briganti, Vincent)
September 14, 2016 Filing 148 NOTICE of Withdrawal. Document filed by HSBC Bank U.S.A. N.A., HSBC Holdings plc, HSBC North America Holdings Inc., HSBC USA Inc.. (Friedman, Leah)
September 13, 2016 Filing 147 NOTICE OF APPEARANCE by Robert John McCallum on behalf of HSBC Bank U.S.A. N.A., HSBC Holdings plc, HSBC North America Holdings Inc., HSBC USA Inc.. (McCallum, Robert)
September 5, 2016 Filing 146 NOTICE OF CHANGE OF ADDRESS by Hugh Daniel Sandler on behalf of Christopher Depaoli, Kevin Maher(on behalf of those similarly situated). New Address: Nussbaum Law Group, P.C., 1211 Ave of the Americas, 40th Fl, New York, NY, USA 10036, 917 438-9102. (Sandler, Hugh)
August 18, 2016 Filing 145 LETTER addressed to Judge Valerie E. Caproni from Vincent Briganti dated August 18, 2016 re: Response to Non-Settling Defendants' August 16 letter (ECF No. 144). Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Eric Nalven, J. Scott Nicholson, Don Tran.(Briganti, Vincent)
August 16, 2016 Filing 144 LETTER addressed to Judge Valerie E. Caproni from Joel S. Sanders dated August 16, 2016 re: Supplemental Authority. Document filed by UBS AG. (Attachments: #1 Exhibit Aluminum Warehousing Decision)(Sanders, Joel)
August 16, 2016 Filing 143 NOTICE OF APPEARANCE by Marshall Howard Fishman on behalf of HSBC Bank U.S.A. N.A., HSBC Holdings plc, HSBC North America Holdings Inc., HSBC USA Inc.. (Fishman, Marshall)
July 12, 2016 Filing 142 LETTER addressed to Judge Valerie E. Caproni from Stephen Ehrenberg dated July 12, 2016 re: Plaintiffs' July 7, 2016 Letter. Document filed by The Bank of Nova Scotia.(Ehrenberg, Stephen)
July 7, 2016 Filing 141 LETTER addressed to Judge Valerie E. Caproni from Vincent Briganti & Robert Eisler dated July 7, 2016 re: Supplemental Authority - Ploss v. Kraft Foods Group Inc. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Eric Nalven, J. Scott Nicholson, Don Tran. (Attachments: #1 Exhibit A)(Briganti, Vincent)
July 1, 2016 *** Attorney Michael Lacovara terminated. Associated Cases: 1:14-md-02573-VEC et al.(ama)
July 1, 2016 Opinion or Order Filing 140 MEMO ENDORSEMENT on re: (135 in 1:14-md-02573-VEC) NOTICE OF WITHDRAWAL OF MICHAEL LACOVARA filed by HSBC USA Inc., HSBC Holdings plc, HSBC Bank U.S.A. N.A., HSBC North America Holdings Inc., (66 in 1:14-cv-05682-VEC) Notice (Other) filed by HSBC Bank PLC, HSBC Holdings plc, HSBC Bank U.S.A. N.A., (48 in 1:14-cv-08189-VEC) Notice (Other) filed by HSBC Bank USA, N.A. ENDORSEMENT: The Clerk of Court is respectfully requested to update the docket to reflect Mr. Lacovara's withdrawal as counsel for Defendants HSBC Bank U.S.A., N.A., HSBC Holdings plc, HSBC North America Holdings Inc., and HSBC USA Inc. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/01/2016) Filed In Associated Cases: 1:14-md-02573-VEC et al.(ama)
July 1, 2016 Opinion or Order Filing 139 MEMO ENDORSEMENT on re: (39 in 1:14-cv-09068-VEC) NOTICE OF WITHDRAWAL OF THOMAS G. HUNGAR filed by UBS AG. ENDORSEMENT: The Clerk of Court is respectfully requested to update the docket to reflect Mr. Hungar's withdrawal as counsel for Defendant UBS AG. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/01/2016) Filed In Associated Cases: 1:14-md-02573-VEC, 1:14-cv-09068-VEC(ama)
July 1, 2016 Filing 138 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 6/21/2016 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
July 1, 2016 Filing 137 TRANSCRIPT of Proceedings re: Conference held on 6/21/2016 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Ellen Simone, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/25/2016. Redacted Transcript Deadline set for 8/4/2016. Release of Transcript Restriction set for 10/3/2016.(McGuirk, Kelly)
June 30, 2016 Filing 136 NOTICE of of Withdrawal of Thomas G. Hungar. Document filed by UBS AG. Filed In Associated Cases: 1:14-md-02573-VEC, 1:14-cv-09068-VEC(Hungar, Thomas)
June 29, 2016 Filing 135 NOTICE of Withdrawal of Michael Lacovara. Document filed by HSBC Bank U.S.A. N.A., HSBC Holdings plc, HSBC North America Holdings Inc., HSBC USA Inc.. (Lacovara, Michael)
June 20, 2016 Minute Entry for proceedings held before Judge Valerie E. Caproni: Interim Pretrial Conference held on 6/20/2016. Re: Protective Order. (Court Reporter Ellen SImone) Associated Cases: 1:14-md-02573-VEC et al.(Brantley, Michael)
June 17, 2016 Filing 134 JOINT LETTER addressed to Judge Valerie E. Caproni dated June 17, 2016 re: June 7, 2016 Order. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Eric Nalven, J. Scott Nicholson, Don Tran. (Attachments: #1 Exhibit A, #2 Exhibit B)(Skelton, Thomas)
June 7, 2016 Opinion or Order Filing 133 MEMO ENDORSEMENT on re: (130 in 1:14-md-02573-VEC) Letter re: Deutsche Bank's June 2, 2016 Letter, filed by The Bank of Nova Scotia. ENDORSEMENT: Application GRANTED. The parties shall file a joint letter not later than June 17, 2016 informing the Court whether they mutually consent to the entry of a revised protective order governing Deutsche Bank's production of documents in this action. In the event the parties do not mutually consent to the entry of a revised protective order, counsel for Plaintiffs, Deutsche Bank and any objecting Defendant shall appear for a conference before the Court on Monday, June 20, 2016 at 5:00 p.m. (Initial Conference set for 6/20/2016 at 05:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 6/7/2016) Filed In Associated Cases: 1:14-md-02573-VEC et al.(spo)
June 7, 2016 Filing 132 NOTICE OF APPEARANCE by Thomas Michael Skelton on behalf of J. Scott Nicholson. Filed In Associated Cases: 1:14-md-02573-VEC, 1:14-cv-05682-VEC(Skelton, Thomas)
June 3, 2016 Filing 131 NOTICE OF CHANGE OF ADDRESS by Linda P. Nussbaum on behalf of Eric Nalven, Christopher Depaoli, Kevin Maher(on behalf of those similarly situated), Eric Nalven. New Address: Nussbaum Law Group, P.C., 1211 Avenue of the Americas, 40th Floor, New York, New York, United States 10036-8718, (917) 438-9102. Filed In Associated Cases: 1:14-md-02573-VEC, 1:14-cv-08189-VEC, 1:14-cv-09068-VEC(Nussbaum, Linda)
June 2, 2016 Filing 130 LETTER addressed to Judge Valerie E. Caproni from Stephen Ehrenberg dated June 2, 2016 re: Deutsche Bank's June 2, 2016 Letter. Document filed by The Bank of Nova Scotia.(Ehrenberg, Stephen)
June 2, 2016 Filing 129 LETTER addressed to Judge Valerie E. Caproni from Kuan Huang dated June 2, 2016 re: Stipulation and [Proposed] Order Governing Materials Produced by the Deutsche Bank Defendants.. Document filed by DB U.S. Financial Markets Holding Corporation, Deutsche Bank AG, Deutsche Bank AG, New York Branch, Deutsche Bank Americas Holding Corporation, Deutsche Bank Securities, Inc., Deutsche Bank Trust Company Americas, Deutsche Bank Trust Corporation. (Attachments: #1 Exhibit Stipulation and [Proposed] Protective Order Governing Materials Produced by the Deutsche Bank Defendants)(Huang, Kuangyan)
May 25, 2016 Filing 128 LETTER addressed to Judge Valerie E. Caproni from Michael Lacovara dated May 25, 2016 re: Defendants' response to Plaintiffs' May 24 letter. Document filed by HSBC Bank U.S.A. N.A., HSBC Holdings plc, HSBC North America Holdings Inc., HSBC USA Inc..(Lacovara, Michael)
May 24, 2016 Filing 127 LETTER addressed to Judge Valerie E. Caproni from Vincent Briganti dated May 24, 2016 re: Supplemental Authority - Gelboim v. Bank of America Corp.. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Eric Nalven, J. Scott Nicholson, Don Tran. (Attachments: #1 Exhibit A)(Briganti, Vincent)
May 13, 2016 Filing 126 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 4/18/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
May 13, 2016 Filing 125 TRANSCRIPT of Proceedings re: HEARING held on 4/18/2016 before Judge Valerie E. Caproni. 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 6/6/2016. Redacted Transcript Deadline set for 6/16/2016. Release of Transcript Restriction set for 8/15/2016.(McGuirk, Kelly)
May 11, 2016 Filing 124 NOTICE OF APPEARANCE by Zachary D. Caplan on behalf of Norman Bailey, John Hayes, KPFF Investment, Inc.. (Caplan, Zachary)
May 11, 2016 Opinion or Order Filing 123 ORDER FOR ADMISSION PRO HAC VICE granting #122 Motion for Zachary D. Caplan to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 5/11/2016) (spo)
May 10, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #122 MOTION for Zachary D. Caplan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12283362. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
May 10, 2016 Filing 122 MOTION for Zachary D. Caplan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12283362. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Norman Bailey, John Hayes, KPFF Investment, Inc.. (Attachments: #1 Certificate of Good Standing, #2 Certificate of Good Standing, #3 Proposed order)(Caplan, Zachary)
April 28, 2016 Filing 121 NOTICE OF APPEARANCE by Michael Dell'Angelo on behalf of Norman Bailey, John Hayes, KPFF Investment, Inc.. (Dell'Angelo, Michael)
April 27, 2016 Opinion or Order Filing 120 ORDER FOR ADMISSION PRO HAC VICE granting [27 in Case No. 14mc2573] Motion for Michael C. Dell'Angelo to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 4/27/2016) (spo)
April 18, 2016 Minute Entry for proceedings held before Judge Valerie E. Caproni: Oral Argument on the motion to dismiss filed by defendants held on 4/18/2016. The Court reserved its decision. (Court Reporter Jennifer Thun and Ellen Simone) Associated Cases: 1:14-md-02573-VEC et al.(Brantley, Michael)
April 14, 2016 Filing 119 NOTICE of Withdrawal of Motion to Dismiss by Deutsche Bank Defendants re: #75 MOTION to Dismiss .. Document filed by DB U.S. Financial Markets Holding Corporation, Deutsche Bank AG, Deutsche Bank AG, New York Branch, Deutsche Bank Americas Holding Corporation, Deutsche Bank Securities, Inc., Deutsche Bank Trust Company Americas, Deutsche Bank Trust Corporation. (Huang, Kuangyan)
April 14, 2016 Opinion or Order Filing 118 ORDER: The following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Device") listed below into the Courthouse for use in a proceeding or trial in the action captioned In re London Silver Fixing, Ltd., Antitrust Litigation, No. 14-md-2573. The date(s) for which such authorization is provided is (are) April 18, 2016. See Attached Extra Sheet. (As further set forth in this Order.) (Signed by Judge Valerie E. Caproni on 4/14/2016) (spo)
April 13, 2016 Opinion or Order Filing 117 ORDER: It is hereby ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned In re Commodity Exchange, Inc., Silver Futures and Options Trading Litigation, No. 14-md-2573, 14-md-2548. The date(s) for which such authorization is provided is (are) April 18, 2016 and April 20, 2016. (Signed by Judge Valerie E. Caproni on 4/13/2016) (mro)
April 13, 2016 Filing 116 LETTER addressed to Judge Valerie E. Caproni from Vincent Briganti dated April 13, 2016 re: Settlement Term Sheet with Deutsche Bank. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Eric Nalven, J. Scott Nicholson, Don Tran.(Briganti, Vincent)
April 11, 2016 Opinion or Order Filing 115 ORDER NO. 9: The following is a non-exhaustive list of topics that the Court wants the parties to address at oral argument: 1. Antitrust standing, including, inter alia, the connection between the Fix Price and the prices at which Plaintiffs transacted in the various markets in which they sold silver (e.g., whether there are Plaintiffs who bought or sold silver at the Fix Price or pursuant to contracts that specified they would be settled at the Fix Price); 2. The sources of the data relied upon by Plaintiffs and the statistical and quantitative methods on which Plaintiffs' allegations of collusion are based; 3. The proper length of the Class Period, including when the class period ends; 4. In the context of evaluating a motion to dismiss, the legal import of factual allegations that were altered between the filing of the First Amended Complaint and the Second Amended Complaint (e.g., spot traders base spot quotes on futures prices, see Consolidated Amended Class Action Complaint 122, versus futures prices are derivative of spot prices, see Second Consolidated Amended Class Action Complaint 106, 108); 5. The factual basis of Plaintiffs' assertion that Defendants' alleged misconduct had a persistent or continuing effect in the market; 6. The legal standards applicable to Plaintiffs' manipulative device and false reporting claims. (As further set forth in this Order.) (Signed by Judge Valerie E. Caproni on 4/11/2016) (spo)
April 11, 2016 Opinion or Order Filing 114 ORDER: It is hereby ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned In re London Silver Fixing, Ltd., Antitrust Litigation, No.14md02573. The date(s) for which such authorization is provided is (are) April 18, 2016 as further set forth in this order. (Signed by Judge Valerie E. Caproni on 4/11/2016) (lmb)
April 11, 2016 Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone Conference held on 4/11/2016. Re: Protocol for the upcoming oral arguments scheduled for this month. (Brantley, Michael)
April 8, 2016 Opinion or Order Filing 113 ORDER: that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned In re: London Silver Fixing, Ltd, Antitrust Litigation, No. 14md2573, on 4/18/2016 - Toby Edward Futter - laptop, cellphone. (Signed by Judge Valerie E. Caproni on 4/8/2016) (tn)
March 30, 2016 Filing 112 LETTER addressed to Judge Valerie E. Caproni from Michael Lacovara dated 3/30/2016 re: Defendants response to Plaintiffs' March 29, 2016 letter. Document filed by HSBC Bank U.S.A. N.A., HSBC Holdings plc, HSBC North America Holdings Inc., HSBC USA Inc..(Lacovara, Michael)
March 29, 2016 Filing 111 LETTER addressed to Judge Valerie E. Caproni from Vincent Briganti dated 3/29/2016 re: Supplemental Authority. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Eric Nalven, J. Scott Nicholson, Don Tran. (Attachments: #1 Exhibit A)(Briganti, Vincent)
March 1, 2016 Filing 110 MEMO ENDORSEMENT on re: #109 Letter, filed by HSBC USA Inc., HSBC Holdings plc, HSBC Bank U.S.A. N.A., HSBC North America Holdings Inc. ENDORSEMENT: Application GRANTED. The oral argument previously scheduled for March 1, 2016 shall be adjourned to April 18, 2016 at 2:00 p.m. ( Oral Argument set for 4/18/2016 at 02:00 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 3/1/2016) (mro)
March 1, 2016 Filing 109 LETTER addressed to Judge Valerie E. Caproni from Michael Lacovara dated March 1, 2016 re: potential dates for oral argument. Document filed by HSBC Bank U.S.A. N.A., HSBC Holdings plc, HSBC North America Holdings Inc., HSBC USA Inc..(Lacovara, Michael)
February 23, 2016 Opinion or Order Filing 108 ORDER NO. 8: WHEREAS oral argument on the Motion to Dismiss filed by Defendants The Bank of Nova Scotia, Deutsche Bank AG and HSBC Bank USA N.A. (collectively, along with their affiliated entities, the "Fixing Defendants") was previously scheduled for March 1, 2016 at 2:00 p.m.; IT IS HEREBY ORDERED that the previously scheduled oral argument on the Fixing Defendants' Motion to Dismiss shall be adjourned to a later date, preferably between April 11, 2016 and April 29, 2016, which is mutually convenient for the parties. The parties are directed to promptly confer regarding their availability and then contact Chambers with a list of proposed alternative dates. (Signed by Judge Valerie E. Caproni on 2/23/2016) Filed In Associated Cases: 1:14-md-02573-VEC et al, pursuant to instructions from Chambers, docketed in all member cases. (mro)
January 28, 2016 Opinion or Order Filing 107 ORDER NO. 7: IT IS HEREBY ORDERED that the previously scheduled oral argument on the Fixing Defendants' Motion to Dismiss shall be adjourned to Tuesday, March 1, 2016 at 2:00 p.m. in Courtroom 443 of the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, New York 10007. (As further set forth in this Order.) (Oral Argument set for 3/1/2016 at 02:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 1/28/2016) Filed In Associated Cases: 1:14-md-02573-VEC et al. (spo)
January 27, 2016 Opinion or Order Filing 106 ORDER NO. 6: IT IS HEREBY ORDERED that the parties shall appear for oral argument before the Court on Tuesday, February 16, 2016 at 2:00 p.m. in Courtroom 443 of the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, New York 10007. In advance of the hearing date, the Court may provide the parties with a list of questions or topics of particular interest. (As further set forth in this Order.) (Oral Argument set for 2/16/2016 at 02:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 1/27/2016) Filed In Associated Cases: 1:14-md-02573-VEC et al. (spo)
November 12, 2015 Opinion or Order Filing 105 STIPULATION AND ORDER REGARDING SUBSTITUTION OF COUNSEL: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel pursuant to Local Civil Rule 1.4, and subject to approval of the Court, that Joseph Serino Jr., P.C., Robert Khuzami, and Kiam Huang of Kirkland & Ellis LLP are hereby substituted in the place of and in stead of Charles F. Rule, Joseph J. Bial, Gregory G. Mocek, and Amy W. Ray of Cadwalader, Wickersham & Taft LLP as attorneys for Defendants Deutsche Bank AG, Deutsche Bank AG New York Branch, Deutsche Bank Securities Inc., Deutsche Bank Trust Corporation, Deutsche Bank Trust Company Americas, Deutsche Bank Americas Holding Corp., and DB U.S. Financial Markets Holding Corporation in this action. (As further set forth in this Order.) Attorney Amy Wilkie Ray; Charles F. Rule; Joseph J Bial and Gregory G Mocek terminated., Motions terminated: (104 in 1:14-md-02573-VEC) LETTER MOTION to Substitute Attorney. Old Attorney: Charles F. Rule, Joseph J. Bial, Gregory G. Macek, and Amy W. Ray of Cadwalader, Wickersham & Taft LLP, New Attorney: Joseph Serino Jr., P.C., Robert Khuzami, and Kuan Huang of Kirkland & Ellis LLP filed by Deutsche Bank AG, New York Branch, Deutsche Bank Trust Corporation, Deutsche Bank Americas Holding Corporation, DB U.S. Financial Markets Holding Corporation, Deutsche Bank AG, Deutsche Bank Securities, Inc., Deutsche Bank Trust Company Americas. (Signed by Judge Valerie E. Caproni on 11/12/2015) Filed In Associated Cases: 1:14-md-02573-VEC et al. (spo)
November 10, 2015 Filing 104 LETTER MOTION to Substitute Attorney. Old Attorney: Charles F. Rule, Joseph J. Bial, Gregory G. Macek, and Amy W. Ray of Cadwalader, Wickersham & Taft LLP, New Attorney: Joseph Serino Jr., P.C., Robert Khuzami, and Kuan Huang of Kirkland & Ellis LLP addressed to Judge Valerie E. Caproni from Joseph Serino, Jr. dated 11/10/2015. Document filed by DB U.S. Financial Markets Holding Corporation, Deutsche Bank AG, Deutsche Bank AG, New York Branch, Deutsche Bank Americas Holding Corporation, Deutsche Bank Securities, Inc., Deutsche Bank Trust Company Americas, Deutsche Bank Trust Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Serino, Joseph)
October 21, 2015 Filing 103 LETTER addressed to Judge Valerie E. Caproni from Robert Khuzami dated 10/21/2015 re: Applicable Rules of Professional Conduct. Document filed by DB U.S. Financial Markets Holding Corporation, Deutsche Bank AG, Deutsche Bank AG, New York Branch, Deutsche Bank Americas Holding Corporation, Deutsche Bank Securities, Inc., Deutsche Bank Trust Company Americas, Deutsche Bank Trust Corporation.(Khuzami, Robert)
October 21, 2015 Filing 102 NOTICE OF APPEARANCE by Kuangyan Huang on behalf of DB U.S. Financial Markets Holding Corporation, Deutsche Bank AG, Deutsche Bank AG, New York Branch, Deutsche Bank Americas Holding Corporation, Deutsche Bank Securities, Inc., Deutsche Bank Trust Company Americas, Deutsche Bank Trust Corporation. (Huang, Kuangyan)
October 21, 2015 Filing 101 NOTICE OF APPEARANCE by Robert S. Khuzami on behalf of DB U.S. Financial Markets Holding Corporation, Deutsche Bank AG, Deutsche Bank AG, New York Branch, Deutsche Bank Americas Holding Corporation, Deutsche Bank Securities, Inc., Deutsche Bank Trust Company Americas, Deutsche Bank Trust Corporation. (Khuzami, Robert)
October 21, 2015 Filing 100 NOTICE OF APPEARANCE by Joseph Serino, JR on behalf of DB U.S. Financial Markets Holding Corporation, Deutsche Bank AG, Deutsche Bank AG, New York Branch, Deutsche Bank Americas Holding Corporation, Deutsche Bank Securities, Inc., Deutsche Bank Trust Company Americas, Deutsche Bank Trust Corporation. (Serino, Joseph)
September 9, 2015 Minute Entry for proceedings held before Judge Valerie E. Caproni: Case Management Conference held on 9/9/2015. Re: Tutorial (Brantley, Michael)
September 8, 2015 Opinion or Order Filing 99 ORDER: ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned In Re: London Silver Fixing, Ltd., Antritrust Litigation, No. 14-md-2573. The date(s) for which such authorization is provided is (are) September 9, 2015. Attorney: Robert G. Eisler. Device: Smartphone. Attorney: Peter A. Barile III. DEVICE: Smartphone. Attorney: Christian Levis. Device: Smartphone. Attorney: Vincent Briganti. Device: Smartphone and laptop. Attorney: Barbara J. Hart. Device: Smartphone. (As is further set forth in this Order.) (Signed by Judge Valerie E. Caproni on 9/8/2015) (spo)
September 1, 2015 Filing 98 NOTICE OF APPEARANCE by Kenneth M. Raisler on behalf of Scotia Capital (USA) Inc., Scotia Holdings (US) Inc., Scotiabanc Inc., The Bank of Nova Scotia. (Raisler, Kenneth)
August 10, 2015 Filing 97 REPLY MEMORANDUM OF LAW in Support re: #75 MOTION to Dismiss . . Document filed by HSBC Bank U.S.A. N.A., HSBC Holdings plc, HSBC North America Holdings Inc., HSBC USA Inc.. (Lacovara, Michael)
August 10, 2015 Filing 96 REPLY MEMORANDUM OF LAW in Support re: (73 in 1:14-md-02573-VEC) MOTION to Dismiss Second Consolidated Amended Class Action Complaint., (26 in 1:14-cv-09068-VEC) MOTION to Dismiss Second Consolidated Amended Class Action Complaint. . Document filed by UBS AG. Filed In Associated Cases: 1:14-md-02573-VEC et al.(Hungar, Thomas)
August 5, 2015 Opinion or Order Filing 95 JOINT ORDER NO. 2: After reviewing the parties' submissions, the Court agrees that all of the Jointly-Proposed Topics should be presented, along with some, but not all, of the Disputed Topics. In particular, the Court finds that the following Disputed Topics should be presented in the order in which they appear in the parties' list of proposed topics: Relationship Between Spot and Futures Markets; Data Available to Market Participants; Volume & Nominal Value Traded on Each Venue; Trading Volume in Futures at COMEX Market Open/Close, AM Fixing, PM Fixing; Hedgers vs. Speculators on COMEX; Use of One Kind of Gold/Silver Instrument to Hedge Risks from Another Kind of Gold/Silver Instrument; and Information Available During the Fixing Process (to the extent necessary to understand the feedback loop that occurs during the fix). (As further set forth in this Order) (Signed by Judge Valerie E. Caproni on 8/5/2015) Filed In Associated Cases: 1:14-md-02573-VEC et al.(kl) Modified on 8/5/2015 (kl).
August 3, 2015 Filing 94 MEMO ENDORSEMENT on re: #93 Letter Recent Decision, Loreley Financing (Jersey) No. 3 Ltd. v. Wells Fargo Securities, LLC, filed by Norman Bailey, Christopher Depaoli, Robert Ceru, Don Tran, KPFF Investment, Inc., Laurence Hughes, Kevin Maher, Eric Nalven, J. Scott Nicholson, John Hayes. ENDORSEMENT: In the event that the Court grants Defendants' Motions to Dismiss and Plaintiffs still wish to replead, Plaintiffs are directed to file a motion for leave to amend at that time. (Signed by Judge Valerie E. Caproni on 8/3/2015) (spo)
July 31, 2015 Filing 93 LETTER addressed to Judge Valerie E. Caproni from Barbara Hart dated July 31, 2015 re: Recent Decision, Loreley Financing (Jersey) No. 3 Ltd. v. Wells Fargo Securities, LLC. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(individually), Eric Nalven, J. Scott Nicholson, Don Tran. (Attachments: #1 Exhibit A)(Hart, Barbara)
July 24, 2015 Filing 92 LETTER addressed to Judge Valerie E. Caproni from Stephen Ehrenberg dated July 24, 2015 re: Gold and Silver Tutorial. Document filed by Deutsche Bank AG, HSBC Bank PLC, The Bank of Nova Scotia, UBS AG.(Ehrenberg, Stephen)
July 24, 2015 Filing 91 LETTER addressed to Judge Valerie E. Caproni from Barbara Hart dated July 24, 2015 re: Disputed Tutorial Topics. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Eric Nalven, J. Scott Nicholson, Don Tran.(Hart, Barbara)
July 24, 2015 Filing 90 JOINT LETTER addressed to Judge Valerie E. Caproni from Barbara Hart dated July 24, 2015 re: Joint Submission Regarding Tutorial Topics. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Eric Nalven, J. Scott Nicholson, Don Tran. (Attachments: #1 Appendix List of Topics)(Hart, Barbara)
July 20, 2015 Filing 89 MEMO ENDORSEMENT on re: (88 in 1:14-md-02573-VEC) Notice (Other) filed by HSBC Bank PLC, HSBC USA Inc., HSBC Holdings plc, HSBC Bank U.S.A. N.A., HSBC North America Holdings Inc. ENDORSEMENT: Application GRANTED. The Clerk of Court is respectfully requested to terminate Mr. Galvin from the docket. Attorney Matthew James Galvin terminated. (Signed by Judge Valerie E. Caproni on 7/20/2015) (spo)
July 17, 2015 Filing 88 NOTICE of of Withdrawal of Matthew Galvin. Document filed by HSBC Bank PLC, HSBC Bank U.S.A. N.A., HSBC Holdings plc, HSBC North America Holdings Inc., HSBC USA Inc.. (Lacovara, Michael)
July 14, 2015 Filing 87 MEMORANDUM OF LAW in Opposition re: #75 MOTION to Dismiss . CORRECTION OF DOCKET #84. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Eric Nalven, J. Scott Nicholson, Don Tran. (Briganti, Vincent)
July 14, 2015 Filing 86 NOTICE OF CHANGE OF ADDRESS by Peter Joseph Isajiw on behalf of Deutsche Bank AG, Deutsche Bank AG, New York Branch, Deutsche Bank Americas Holding Corporation, Deutsche Bank Securities, Inc., Deutsche Bank Trust Company Americas, Deutsche Bank Trust Corporation. New Address: King & Spalding LLP, 1185 Avenue of the Americas, New York, New York, USA 10036, 212-556-2100. Filed In Associated Cases: 1:14-md-02573-VEC, 1:14-cv-05682-VEC, 1:14-cv-08869-VEC(Isajiw, Peter)
July 14, 2015 Filing 85 NOTICE OF APPEARANCE by Michelle Elizabeth Conston on behalf of J. Scott Nicholson. Filed In Associated Cases: 1:14-md-02573-VEC, 1:14-cv-05682-VEC(Conston, Michelle)
July 13, 2015 Filing 84 MEMORANDUM OF LAW in Opposition re: #75 MOTION to Dismiss . . Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Eric Nalven, J. Scott Nicholson, Don Tran. (Briganti, Vincent)
July 13, 2015 Filing 83 MEMORANDUM OF LAW in Opposition re: #73 MOTION to Dismiss Second Consolidated Amended Class Action Complaint. . Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Eric Nalven, J. Scott Nicholson, Don Tran. (Briganti, Vincent)
July 6, 2015 Opinion or Order Filing 82 MEMO ENDORSEMENT on re:(81 in 1:14-md-02573-VEC) Letter, filed by Norman Bailey, Christopher Depaoli, Robert Ceru, Don Tran, KPFF Investment, Inc., Laurence Hughes, Kevin Maher, Eric Nalven, J. Scott Nicholson, John Hayes. ENDORSEMENT: The Court appreciates the parties' efforts in designing a tutorial to assist the Court in understanding the markets involved in these cases. The Court requests that the parties reconsider the proposal to have litigating attorneys be the presenters rather than having subject matter experts present. (The Court would be prepared to order that no statements made during the tutorial can be considered as evidence or used for cross examination.) In all other respects, the Court approves of the parties' joint proposal as set forth above. All parties participating in the tutorial shall appear before the Court on September 9, 2015 at 10:00 a.m. in Courtroom 443 of the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, New York, 10007. With respect to contested topics, the Court agrees with Defendants that it shall be sufficient for the parties to exchange demonstratives no less than 10 days prior to the tutorial; the objecting party shall have an opportunity to respond at the conclusion of the proposing party's presentation. (Status Conference set for 9/9/2015 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 7/6/2015) Filed In Associated Cases: 1:14-md-02573-VEC et al. (spo)
July 1, 2015 Filing 81 JOINT LETTER addressed to Judge Valerie E. Caproni from Plaintiffs and Defendants dated July 1, 2015 re: the June 10, 2015 Order. Document filed by Norman Bailey, Robert Ceru, Christopher Depaoli, John Hayes, Laurence Hughes, KPFF Investment, Inc., Kevin Maher(on behalf of those similarly situated), Eric Nalven, J. Scott Nicholson, Don Tran.(Hart, Barbara)
June 10, 2015 Opinion or Order Filing 80 JOINT ORDER NO. 1: 1. After meeting and conferring, the parties in the above-captioned cases shall submit a joint letter of no more than 5 pages by July 1, 2015 setting forth the parties' proposal for presenting such a tutorial to the Court. The letter shall include a proposed agenda of topics to be addressed and suggested dates for the tutorial. The topics suggested above are not intended to be mandatory nor all-inclusive; the parties should instead propose any topic that would be helpful for the Court to better understand the relevant markets. Interim class counsel in both MDLs and Defendants' Liaison Counsel in the Gold MDL should take the lead in facilitating input from the parties. While the Court anticipates that certain subjects may be unique to the gold or silver market, to the extent possible, subjects that are relevant to both markets should be addressed jointly. The content of the tutorial should be confined to factual background information and should not include the merits of the parties' arguments: to the extent there are material factual disputes, it may be necessary for Plaintiffs and Defendants to present separately on particular topics. 2. Any party wishing to respond to the July 1, 2015 joint submission shall file a letter of no more than 2 pages by July 10, 2015. (Signed by Judge Valerie E. Caproni on 6/10/2015) Filed In Associated Cases: 1:14-md-02573-VEC et al. (As per direction of Chambers on 6/10/2015, this order is to be spread to all affiliated cases.) (spo)
June 2, 2015 Filing 79 NOTICE OF APPEARANCE by Hugh Daniel Sandler on behalf of Christopher Depaoli, Kevin Maher(on behalf of those similarly situated). (Sandler, Hugh)
June 1, 2015 Filing 78 MEMO ENDORSEMENT: #65 Letter regarding counsel, filed by Linda P. Nussbaum. ENDORSEMENT: While accepting counsel's proposed arrangement, to the extent Nussbaum, Lowey and G&E seek attorneys' fees at the close of the case, the Court notes its concern that having three separate law firms "significantly involved" in representing the putative class may increase fees without necessarily benefitting the class. (Signed by Judge Valerie E. Caproni on 6/1/2015) Filed In Associated Cases: 1:14-md-02573-VEC et al.(spo)
May 29, 2015 Filing 77 DECLARATION of Michael Lacovara in Support re: #75 MOTION to Dismiss .. Document filed by HSBC Bank U.S.A. N.A., HSBC Holdings plc, HSBC North America Holdings Inc., HSBC USA Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14 Part 1, #15 Exhibit 14 Part 2, #16 Exhibit 15, #17 Exhibit 16)(Lacovara, Michael)
May 29, 2015 Filing 76 MEMORANDUM OF LAW in Support re: #75 MOTION to Dismiss . . Document filed by HSBC Bank U.S.A. N.A., HSBC Holdings plc, HSBC North America Holdings Inc., HSBC USA Inc.. (Lacovara, Michael)
May 29, 2015 Filing 75 MOTION to Dismiss . Document filed by HSBC Bank U.S.A. N.A., HSBC Holdings plc, HSBC North America Holdings Inc., HSBC USA Inc..(Lacovara, Michael)
May 29, 2015 Filing 74 MEMORANDUM OF LAW in Support re: #73 MOTION to Dismiss Second Consolidated Amended Class Action Complaint. . Document filed by UBS AG. (Hungar, Thomas)
May 29, 2015 Filing 73 MOTION to Dismiss Second Consolidated Amended Class Action Complaint. Document filed by UBS AG. Responses due by 7/13/2015(Hungar, Thomas)
May 29, 2015 Filing 72 LETTER addressed to Judge Valerie E. Caproni from Linda P. Nussbaum dated 05/29/2015 re: Order on Interim Class Counsel. Document filed by Christopher Depaoli, Kevin Maher(on behalf of those similarly situated).(Nussbaum, Linda)
May 26, 2015 Filing 71 NOTICE OF APPEARANCE by Leah Friedman on behalf of HSBC Bank U.S.A. N.A., HSBC Holdings plc. (Friedman, Leah)
May 26, 2015 Filing 70 NOTICE OF APPEARANCE by Michael Lacovara on behalf of HSBC Bank U.S.A. N.A., HSBC Holdings plc. (Lacovara, Michael)
May 26, 2015 Filing 69 NOTICE OF APPEARANCE by Scott Andrew Eisman on behalf of HSBC Bank U.S.A. N.A., HSBC Holdings plc, HSBC North America Holdings Inc., HSBC USA Inc.. (Eisman, Scott)
May 20, 2015 Opinion or Order Filing 68 ORDER: 1. By May 29, 2015, Ms. Nussbaum shall file a joint letter along with counsel from Lowey Dannenberg and Grant & Eisenhofer describing counsels' proposal with respect to which law firms and which attorneys shall continue to represent Plaintiffs as interim class counsel. 2. Any response to counsel's letter of May 29, 2015 shall be filed by June 5, 2015. (Signed by Judge Valerie E. Caproni on 5/20/2015) Filed In Associated Cases: 1:14-md-02573-VEC et al. (spo)
May 5, 2015 Filing 67 NOTICE OF APPEARANCE by Robert Gerard Eisler on behalf of Class Plaintiffs. (Eisler, Robert)
May 5, 2015 Filing 66 NOTICE OF APPEARANCE by James Joseph Sabella on behalf of Class Plaintiffs. (Sabella, James)
April 29, 2015 Filing 65 NOTICE OF CHANGE OF ADDRESS by Linda P. Nussbaum on behalf of Christopher Depaoli, Kevin Maher(on behalf of those similarly situated), Eric Nalven. New Address: Nussbaum Law Group, P.C., 570 Lexington Avenue, 19th Floor, New York, New York, 10022, (212) 702-7053. (Nussbaum, Linda)
April 20, 2015 Set/Reset Deadlines: DB U.S. Financial Markets Holding Corporation answer due 5/29/2015. Deutsche Bank AG answer due 5/29/2015. Deutsche Bank AG, New York Branch answer due 5/29/2015. Deutsche Bank Americas Holding Corporation answer due 5/29/2015. Deutsche Bank Securities, Inc. answer due 5/29/2015. Deutsche Bank Trust Company Americas answer due 5/29/2015. Deutsche Bank Trust Corporation answer due 5/29/2015. HSBC Bank PLC answer due 5/29/2015. HSBC Bank U.S.A. N.A. answer due 5/29/2015. HSBC Holdings plc answer due 5/29/2015. HSBC North America Holdings Inc. answer due 5/29/2015. HSBC USA Inc. answer due 5/29/2015. Jane Does 1-100 answer due 5/29/2015. John Doe Nos. 1-50 answer due 5/29/2015. Scotia Capital (USA) Inc. answer due 5/29/2015. Scotia Holdings (US) Inc. answer due 5/29/2015. Scotiabanc Inc. answer due 5/29/2015. The Bank of Nova Scotia answer due 5/29/2015. The Bank of Nova Scotia (also known as Scotiabank also known as Scotiamocatta) answer due 5/29/2015. The Bank of Nova Scotia Trust Company of New York answer due 5/29/2015. UBS AG answer due 5/29/2015. Responses due by 7/13/2015. Replies due by 8/10/2015. (spo)
April 20, 2015 Opinion or Order Filing 64 ORDER NO. 5 in case 1:14-cv-05682-VEC; finding as moot (56) Motion to Dismiss; finding as moot (59) Motion to Dismiss in case 1:14-md-02573-VEC. 1. Defendants' deadline to answer, move with respect to, or otherwise respond to the Second Consolidated Amended Complaint shall be May 29, 2015. 2. If Defendants move to dismiss the Second Consolidated Amended Complaint, Plaintiffs' response shall be filed no later than July 13, 2015, and Defendants' reply shall be filed no later than August 10, 2015. 3. The Clerk of the Court is directed to terminate docket entries 56 and 59 as moot. (Signed by Judge Valerie E. Caproni on 4/20/2015) Filed In Associated Cases: 1:14-md-02573-VEC et al. (spo)
April 17, 2015 Filing 63 SECOND AMENDED COMPLAINT amending #34 Amended Complaint,,,, against DB U.S. Financial Markets Holding Corporation, Deutsche Bank AG, Deutsche Bank AG, New York Branch, Deutsche Bank Americas Holding Corporation, Deutsche Bank Securities, Inc., Deutsche Bank Trust Company Americas, Deutsche Bank Trust Corporation, HSBC Bank PLC, HSBC Bank U.S.A. N.A., HSBC Holdings plc, HSBC North America Holdings Inc., HSBC USA Inc., Jane Does 1-100, John Doe Nos. 1-50, Scotia Capital (USA) Inc., Scotia Holdings (US) Inc., Scotiabanc Inc., The Bank of Nova Scotia, The Bank of Nova Scotia(also known as Scotiabank also known as Scotiamocatta), The Bank of Nova Scotia Trust Company of New York, UBS AG with JURY DEMAND.Document filed by Kevin Maher(on behalf of those similarly situated), Norman Bailey, Robert Ceru, Christopher Depaoli, Don Tran, J. Scott Nicholson, Laurence Hughes, John Hayes, Eric Nalven, KPFF Investment, Inc.. Related document: #34 Amended Complaint,,,, filed by Norman Bailey, Christopher Depaoli, Robert Ceru, Don Tran, KPFF Investment, Inc., Laurence Hughes, Kevin Maher, Eric Nalven, J. Scott Nicholson, John Hayes. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C1, #4 Appendix C2, #5 Appendix C3, #6 Appendix C4, #7 Appendix C5, #8 Appendix D)(Briganti, Vincent)
March 30, 2015 Filing 62 STIPULATED TOLLING AGREEMENT: NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement, and for other good and valuable consideration exchanged between the Plaintiffs and LSMF, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, Plaintiffs and LSMF do hereby covenant and agree as follows: Plaintiffs will not commence or continue any action or proceeding of any type related to the Silver Claims against LSMF during the period beginning on the Effective Date and ending upon Termination (as defined in paragraph 7 below), including the Silver MDL Proceeding. This paragraph shall not be construed to prevent dismissal of the Silver MDL Proceeding in accordance with paragraph 8 below. With respect to the Silver Claims and all defenses thereto, LSMF hereby waives any right to count the time period from the Effective Date through termination (as defined in paragraph 7 below) (the "Tolling Period") in calculating any period of time relevant to timeliness (whether arising under law, equity, statute, court rule or otherwise), including but not limited to statues of limitations, statues of repose, laches, estoppel, waiver or any other similar law, rule or doctrine (the "Timing Defenses"), as against Plaintiffs, absent class members or members of a certified class in the Silver MDL Proceeding, or any of them. This Agreement shall not be deemed to revive any claim that is or was already barred on the Effective Date; as further set forth herein. (Signed by Judge Valerie E. Caproni on 3/30/2015) Filed In Associated Cases: 1:14-md-02573-VEC et al, Pursuant to instructions from Chambers. (mro)
March 27, 2015 Filing 61 MEMORANDUM OF LAW in Support re: #59 MOTION to Dismiss . (MEMORANDUM OF LAW IN SUPPORT OF THE MOTION OF DEFENDANTS DEUTSCHE BANK AG, HSBC BANK USA, N.A., THE BANK OF NOVA SCOTIA (AND AFFILIATED ENTITIES) TO DISMISS THE CONSOLIDATED AMENDED CLASS ACTION COMPLAINT). Document filed by HSBC Bank U.S.A. N.A., HSBC Holdings plc, HSBC North America Holdings Inc., HSBC USA Inc.. (Lacovara, Michael)
March 27, 2015 Filing 60 DECLARATION of Michael Lacovara in Support re: #59 MOTION to Dismiss .. Document filed by HSBC Bank U.S.A. N.A., HSBC Holdings plc, HSBC North America Holdings Inc., HSBC USA Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17)(Lacovara, Michael)
March 27, 2015 Filing 59 MOTION to Dismiss . Document filed by HSBC Bank U.S.A. N.A., HSBC Holdings plc, HSBC North America Holdings Inc., HSBC USA Inc..(Lacovara, Michael)
March 27, 2015 Filing 58 DECLARATION of Joel S. Sanders in Support re: #56 MOTION to Dismiss Under FRCP 12(b)(6) & 12(f).. Document filed by UBS AG. (Attachments: #1 Exhibit LBMA Publication Copyrighted 2008)(Sanders, Joel)
March 27, 2015 Filing 57 MEMORANDUM OF LAW in Support re: #56 MOTION to Dismiss Under FRCP 12(b)(6) & 12(f). . Document filed by UBS AG. (Hungar, Thomas)
March 27, 2015 Filing 56 MOTION to Dismiss Under FRCP 12(b)(6) & 12(f). Document filed by UBS AG. Responses due by 5/28/2015(Hungar, Thomas)
March 27, 2015 Filing 55 NOTICE OF APPEARANCE by Amy Wilkie Ray on behalf of DB U.S. Financial Markets Holding Corporation, Deutsche Bank AG, New York Branch, Deutsche Bank Americas Holding Corporation, Deutsche Bank Securities, Inc., Deutsche Bank Trust Company Americas, Deutsche Bank Trust Corporation. (Ray, Amy)
March 27, 2015 Filing 54 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent DB USA Corporation, Corporate Parent Deutsche Bank AG for DB U.S. Financial Markets Holding Corporation. Document filed by DB U.S. Financial Markets Holding Corporation.(Bial, Joseph)
March 27, 2015 Filing 53 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent DB USA Corporation, Corporate Parent Deutsche Bank AG for Deutsche Bank Americas Holding Corporation. Document filed by Deutsche Bank Americas Holding Corporation.(Bial, Joseph)
March 27, 2015 Filing 52 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Deutsche Bank Trust Corporation, Corporate Parent Deutsche Bank AG for Deutsche Bank Trust Company Americas. Document filed by Deutsche Bank Trust Company Americas.(Bial, Joseph)
March 27, 2015 Filing 51 NOTICE OF APPEARANCE by Peter Joseph Isajiw on behalf of DB U.S. Financial Markets Holding Corporation, Deutsche Bank AG, New York Branch, Deutsche Bank Americas Holding Corporation, Deutsche Bank Securities, Inc., Deutsche Bank Trust Company Americas, Deutsche Bank Trust Corporation. (Isajiw, Peter)
March 27, 2015 Filing 50 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Deutsche Bank AG for Deutsche Bank Trust Corporation. Document filed by Deutsche Bank Trust Corporation.(Bial, Joseph)
March 27, 2015 Filing 49 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent DB USA Corporation, Corporate Parent Deutsche Bank AG, Corporate Parent DB U.S. Financial Markets Holding Corporation for Deutsche Bank Securities, Inc.. Document filed by Deutsche Bank Securities, Inc..(Bial, Joseph)
March 27, 2015 Filing 48 NOTICE OF APPEARANCE by Gregory G Mocek on behalf of DB U.S. Financial Markets Holding Corporation, Deutsche Bank AG, New York Branch, Deutsche Bank Americas Holding Corporation, Deutsche Bank Securities, Inc., Deutsche Bank Trust Company Americas, Deutsche Bank Trust Corporation. (Mocek, Gregory)
March 27, 2015 Filing 47 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Deutsche Bank AG for Deutsche Bank AG, New York Branch. Document filed by Deutsche Bank AG, New York Branch.(Bial, Joseph)
March 27, 2015 Filing 46 NOTICE OF APPEARANCE by Joseph J Bial on behalf of DB U.S. Financial Markets Holding Corporation, Deutsche Bank AG, New York Branch, Deutsche Bank Americas Holding Corporation, Deutsche Bank Securities, Inc., Deutsche Bank Trust Company Americas, Deutsche Bank Trust Corporation. (Bial, Joseph)
March 27, 2015 Filing 45 NOTICE OF APPEARANCE by Charles F. Rule on behalf of DB U.S. Financial Markets Holding Corporation, Deutsche Bank AG, New York Branch, Deutsche Bank Americas Holding Corporation, Deutsche Bank Securities, Inc., Deutsche Bank Trust Company Americas, Deutsche Bank Trust Corporation. (Rule, Charles)
March 26, 2015 Filing 44 NOTICE OF APPEARANCE by Matthew James Galvin on behalf of HSBC North America Holdings Inc., HSBC USA Inc.. (Galvin, Matthew)
March 26, 2015 Filing 43 NOTICE OF APPEARANCE by Leah Friedman on behalf of HSBC North America Holdings Inc., HSBC USA Inc.. (Friedman, Leah)
March 26, 2015 Filing 42 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent HSBC Holdings plc, for HSBC USA Inc.. Document filed by HSBC USA Inc..(Lacovara, Michael)
March 26, 2015 Filing 41 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent HSBC Holdings plc for HSBC North America Holdings Inc.. Document filed by HSBC North America Holdings Inc..(Lacovara, Michael)
March 26, 2015 Filing 40 NOTICE OF APPEARANCE by Michael Lacovara on behalf of HSBC North America Holdings Inc., HSBC USA Inc.. (Lacovara, Michael)
March 25, 2015 Filing 39 NOTICE OF APPEARANCE by Indraneel Sur on behalf of UBS AG, UBS AG. Filed In Associated Cases: 1:14-md-02573-VEC, 1:14-cv-09068-VEC(Sur, Indraneel)
March 19, 2015 Opinion or Order Filing 38 ORDER FOR ADMISSION PRO HAC VICE granting (37) Motion for Thomas G. Hungar to Appear Pro Hac Vice in case 1:14-md-02573-VEC. (Signed by Judge Valerie E. Caproni on 3/19/2015) Filed In Associated Cases: 1:14-md-02573-VEC, 1:14-cv-09068-VEC (spo)
March 19, 2015 Filing 37 MOTION for Thomas G. Hungar to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10718478. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by UBS AG. (Attachments: #1 Certificates of Good Standing, #2 Proposed Order)Filed In Associated Cases: 1:14-md-02573-VEC, 1:14-cv-09068-VEC(Hungar, Thomas)
March 17, 2015 Filing 36 MEMO ENDORSEMENT on re: (8 in 1:14-cv-09112-VEC) Letter regarding Joint Request for Expansion of Page Limits, filed by UBS AG. ENDORSEMENT: Application GRANTED IN PART and DENIED IN PART. Defendants' joint brief in support of their Motion to Dismiss shall be limited to 50 pages. Plaintiffs' Opposition brief shall be limited to 50 pages and Defendants' Reply brief shall be limited to 20 pages. The HSBC, Deutsche Bank and Bank of Nova Scotia Defendants may each file an additional brief of no more than 5 pages to address any unique arguments not raised in Defendants' joint brief. Plaintiffs' Opposition briefs shall be limited to 5 pages, and the HSBC, Deutsche Bank and Bank of Nova Scotia Defendants' Reply briefs shall each be limited to 2 pages. The UBS Defendants may file an additional brief of no more than 10 pages to address any unique arguments not otherwise raised. Plaintiffs' Opposition brief shall be limited to 10 pages and the UBS Defendants' Reply brief shall be limited to 5 pages. (Signed by Judge Valerie E. Caproni on 3/17/2015) Filed In Associated Cases: 1:14-md-02573-VEC et al. (spo)
March 16, 2015 Filing 35 LETTER addressed to Judge Valerie E. Caproni from Joel S. Sanders dated March 16, 2015 re: Joint Request for Expansion of Page Limits. Document filed by UBS AG, UBS AG.Filed In Associated Cases: 1:14-md-02573-VEC et al.(Sanders, Joel)
January 26, 2015 Filing 34 FIRST AMENDED COMPLAINT against DB U.S. Financial Markets Holding Corporation, Deutsche Bank AG, Deutsche Bank AG, New York Branch, Deutsche Bank Americas Holding Corporation, Deutsche Bank Securities, Inc., Deutsche Bank Trust Company Americas, Deutsche Bank Trust Corporation, HSBC Bank PLC, HSBC Bank U.S.A. N.A., HSBC Holdings plc, HSBC North America Holdings Inc., HSBC USA Inc., Jane Does 1-100, John Doe Nos. 1-50, Scotia Capital (USA) Inc., Scotia Holdings (US) Inc., Scotiabanc Inc., The Bank of Nova Scotia, The Bank of Nova Scotia(also known as Scotiabank also known as Scotiamocatta), The Bank of Nova Scotia Trust Company of New York, The London Silver Market Fixing, Ltd., UBS AG with JURY DEMAND.Document filed by Kevin Maher(on behalf of those similarly situated), Christopher Depaoli, Don Tran, J. Scott Nicholson, Laurence Hughes, Eric Nalven, KPFF Investment, Inc., Norman Bailey, Robert Ceru, John Hayes. (Attachments: #1 Appendix Appendix A, #2 Appendix Appendix B1, #3 Appendix Appendix B2, #4 Appendix Appendix B3, #5 Appendix Appendix B4, #6 Appendix Appendix B5, #7 Appendix Appendix C)(Briganti, Vincent)
December 22, 2014 Filing 33 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Scotia Holdings (US) Inc. for Scotiabanc Inc.; Corporate Parent Scotia Capital Inc. for Scotia Capital (USA) Inc.; Corporate Parent BNS Investments Inc. for Scotia Holdings (US) Inc.. Document filed by Scotia Capital (USA) Inc., Scotia Holdings (US) Inc., Scotiabanc Inc., The Bank of Nova Scotia.(Ehrenberg, Stephen)
December 22, 2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Stephen Ehrenberg to RE-FILE Document #32 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Not All Corporate Parents were added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb)
December 19, 2014 Filing 32 FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Bank of Nova Scotia for Scotia Capital (USA) Inc., Scotia Holdings (US) Inc., Scotiabanc Inc.. Document filed by Scotia Capital (USA) Inc., Scotia Holdings (US) Inc., Scotiabanc Inc., The Bank of Nova Scotia.(Ehrenberg, Stephen) Modified on 12/22/2014 (lb).
December 16, 2014 Filing 31 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent UBS Group AG for UBS AG. Document filed by UBS AG.(Sanders, Joel)
December 11, 2014 Opinion or Order Filing 30 ORDER FOR ADMISSION PRO HAC VICE in case 1:14-cv-05682-VEC; granting (27) Motion for Melanie L. Katsur to Appear Pro Hac Vice in case 1:14-md-02573-VEC; granting (11) Motion for Melanie L. Katsur to Appear Pro Hac Vice in case 1:14-cv-09068-VEC. (Signed by Judge Valerie E. Caproni on 12/11/2014) Filed In Associated Cases: 1:14-md-02573-VEC et al. (mro)
December 11, 2014 Opinion or Order Filing 29 ORDER FOR ADMISSION PRO HAC VICE in case 1:14-cv-05682-VEC; granting (28) Motion for David Jarrett Arp to Appear Pro Hac Vice in case 1:14-md-02573-VEC; granting (12) Motion for David Jarrett Arp to Appear Pro Hac Vice in case 1:14-cv-09068-VEC. (Signed by Judge Valerie E. Caproni on 12/11/2014) Filed In Associated Cases: 1:14-md-02573-VEC et al. (mro)
December 11, 2014 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (11 in 1:14-cv-09068-VEC, 27 in 1:14-md-02573-VEC) MOTION for Melanie L. Katsur to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10400150. Motion and supporting papers to be reviewed by Clerk's Office staff., (12 in 1:14-cv-09068-VEC, 28 in 1:14-md-02573-VEC) MOTION for David Jarrett Arp to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10400188. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:14-md-02573-VEC, 1:14-cv-09068-VEC(sdi)
December 11, 2014 Filing 28 MOTION for David Jarrett Arp to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10400188. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by UBS AG. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order)Filed In Associated Cases: 1:14-md-02573-VEC, 1:14-cv-09068-VEC(Arp, David)
December 11, 2014 Filing 27 MOTION for Melanie L. Katsur to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10400150. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by UBS AG. (Attachments: #1 Certificates of Good Standing, #2 Proposed Order)Filed In Associated Cases: 1:14-md-02573-VEC, 1:14-cv-09068-VEC(Katsur, Melanie)
December 10, 2014 Filing 26 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/3/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
December 10, 2014 Filing 25 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/3/2014 before Judge Valerie E. Caproni. 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 1/5/2015. Redacted Transcript Deadline set for 1/15/2015. Release of Transcript Restriction set for 3/13/2015.(McGuirk, Kelly)
December 3, 2014 Set/Reset Deadlines: Motions due by 3/27/2015. Associated Cases: 1:14-md-02573-VEC et al.(mro)
December 3, 2014 Opinion or Order Filing 24 ORDER NO. 4: Plaintiffs' Consolidated Amended Complaint shall be due January 26, 2015. This deadline shall not be extended. Defendants' deadline to answer, move with respect to, or otherwise respond to the Consolidated Amended Complaint shall be March 27, 2015. Plaintiffs' response to any such motions shall be filed not later than May 28, 2015, and Defendants' reply shall be filed not later than June 29, 2015. These deadlines will not be extended absent particularly good cause. The Court will consider reasonable requests to expand the Court's standard page limits for the briefs. The parties may meet and confer regarding any possible discovery on consent. If, after conferring, Plaintiffs intend to move to lift the stay of discovery imposed by Order 1 for some limited purposes, they may file a letter brief, not to exceed five pages, describing the discovery they seek and the basis for their belief that this discovery should not be stayed. No later than one week after Plaintiffs file any such letter, Defendants may file a consolidated response, also not to exceed five pages. ( Amended Pleadings due by 1/26/2015., Responses due by 5/28/2015, Replies due by 6/29/2015.) (Signed by Judge Valerie E. Caproni on 12/3/2014) Filed In Associated Cases: 1:14-md-02573-VEC et al, Pursuant to instructions from Chambers. (mro)
December 3, 2014 Minute Entry for proceedings held before Judge Valerie E. Caproni: Initial Pretrial Conference held on 12/3/2014. Refer to the order for scheduling and deadlines so ordered by the Court. (Court Reporter Carol Ganley) Associated Cases: 1:14-md-02573-VEC et al.(Brantley, Michael)
December 3, 2014 Filing 23 NOTICE OF APPEARANCE by John Joseph Hughes, III on behalf of Scotia Capital (USA) Inc., Scotia Holdings (US) Inc., Scotiabanc Inc., The Bank of Nova Scotia(also known as Scotiabank also known as Scotiamocatta), The Bank of Nova Scotia Trust Company of New York. (Hughes, John)
December 3, 2014 Filing 22 NOTICE OF APPEARANCE by Stephen Ehrenberg on behalf of Scotia Capital (USA) Inc., Scotia Holdings (US) Inc., Scotiabanc Inc., The Bank of Nova Scotia(also known as Scotiabank also known as Scotiamocatta), The Bank of Nova Scotia Trust Company of New York. (Ehrenberg, Stephen)
December 3, 2014 Opinion or Order Filing 21 ORDER FOR ADMISSION PRO HAC VICE granting (20) Motion for Joel S. Sanders to Appear Pro Hac Vice in case 1:14-md-02573-VEC; granting (8) Motion for Joel S. Sanders to Appear Pro Hac Vice in case 1:14-cv-09068-VEC. (Signed by Judge Valerie E. Caproni on 12/3/2014) Filed In Associated Cases: 1:14-md-02573-VEC, 1:14-cv-09068-VEC (mro)
December 3, 2014 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (20 in 1:14-md-02573-VEC, 8 in 1:14-cv-09068-VEC) MOTION for Joel S. Sanders to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10366467. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:14-md-02573-VEC, 1:14-cv-09068-VEC(wb)
December 2, 2014 Filing 20 MOTION for Joel S. Sanders to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10366467. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by UBS AG. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed Order)Filed In Associated Cases: 1:14-md-02573-VEC, 1:14-cv-09068-VEC(Sanders, Joel)
December 2, 2014 Filing 19 NOTICE OF APPEARANCE by Lawrence Jay Zweifach on behalf of UBS AG. Filed In Associated Cases: 1:14-md-02573-VEC, 1:14-cv-09068-VEC(Zweifach, Lawrence)
December 2, 2014 Filing 18 NOTICE OF APPEARANCE by Peter Sullivan on behalf of UBS AG. Filed In Associated Cases: 1:14-md-02573-VEC, 1:14-cv-09068-VEC(Sullivan, Peter)
November 25, 2014 Opinion or Order Filing 17 ORDER NO. 3 denying (13) Motion to Appoint Counsel; granting (14) Motion to Appoint Counsel in case 1:14-md-02573-VEC: For the foregoing reasons, the Court appoints Lowey Dannenberg Cohen & Hart, P.C. and Grant & Eisenhofer P.A. as interim class co-counsel. The Clerk of the Court is respectfully directed to terminate Dkts. 13 and 14. (Signed by Judge Valerie E. Caproni on 11/25/2014) As per chambers, Filed In All Member Cases: 1:14-md-02573-VEC et al., and 14mc2573. (tn)
November 21, 2014 Filing 16 LETTER addressed to Judge Valerie E. Caproni from Michael Lacovara dated November 21, 2014 re: a proposed agenda submitted on behalf of all parties for the Initial Conference scheduled for December 3, 2014. Document filed by HSBC Bank PLC, HSBC Bank U.S.A. N.A., HSBC Holdings plc.(Lacovara, Michael)
November 14, 2014 Filing 15 SEALED DOCUMENT placed in vault.(mps) Modified on 11/17/2014 (mps).
November 14, 2014 Filing 14 MOTION to Appoint Counsel Redacted Application to Appoint Lowey Dannenberg Cohen & Hart, P.C. and Grant & Eisenhofer P.A. Interim Co-Lead Class Counsel. Document filed by Eric Nalven, J. Scott Nicholson.(Hart, Barbara)
November 14, 2014 Filing 13 MOTION to Appoint Counsel Redacted Application to Appoint Cohen Milstein Sellers & Toll PLLC and Wolf Haldenstein Adler Freeman & Herz LLP Interim Co-Lead Counsel. Document filed by Laurence Hughes, Don Tran.(Richards, John)
November 12, 2014 Opinion or Order Filing 12 ORDER FOR ADMISSION PRO HAC VICE in case 1:14-cv-05682-VEC; granting (11) Motion for Gregory G. Mocek to Appear Pro Hac Vice in case 1:14-md-02573-VEC. (Signed by Judge Valerie E. Caproni on 11/12/2014) Filed In Associated Cases: 1:14-md-02573-VEC et al. (lmb)
November 12, 2014 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Gregory G. Mocek to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10299570. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
November 10, 2014 Filing 11 MOTION for Gregory G. Mocek to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10299570. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Deutsche Bank AG. (Attachments: #1 Certificate of Good Standing, #2 Certificate of Good Standing, #3 Proposed Order)(Mocek, Gregory)
November 10, 2014 Filing 10 NOTICE OF APPEARANCE by Fei-Lu Qian on behalf of American Precious Metals Ltd, Steven E. Summer. (Attachments: #1 Appendix Certificate of Service)Filed In Associated Cases: 1:14-md-02573-VEC, 1:14-cv-08869-VEC(Qian, Fei-Lu)
November 10, 2014 Filing 9 NOTICE OF APPEARANCE by Lester L. Levy, Sr on behalf of American Precious Metals Ltd, Steven E. Summer. (Attachments: #1 Appendix Certificate of Service)Filed In Associated Cases: 1:14-md-02573-VEC, 1:14-cv-08869-VEC(Levy, Lester)
November 7, 2014 Filing 8 LETTER addressed to Judge Valerie E. Caproni from Michael Lacovara dated November 7, 2014 re: the matters raised in the Court's order of October 14, 2014. Document filed by HSBC Bank PLC, HSBC Bank U.S.A. N.A., HSBC Holdings plc.(Lacovara, Michael)
November 3, 2014 Opinion or Order Filing 7 ORDER NO. 2: WHEREAS on October 31, 2014, Plaintiffs submitted a joint letter regarding the briefing for interim lead counsel; it is hereby ORDERED: 1. Any law firm seeking appointment as interim class counsel pursuant to Rule 23(g)(3) of the Federal Rules of Civil Procedure (an "Applicant") shall submit a brief in support of their application not later than November 14, 2014. Applications for the appointment of a single law firm to the position of interim class counsel shall be limited to one fifteen-page brief. Applications for multiple law firms to share the position of interim co-lead counsel shall be limited to one twenty-page brief. Briefs should address the following items under separate headings; as further set forth herein. 2. Complete applications for appointment as interim class counsel, including those portions that the Court has directed to be filed under seal for in camera review, shall be served on all Plaintiffs' counsel. 3. Applications may not include any attachments, exhibits, appendices, or other documentation. The Court will not consider applications that do not comply with this directive or with the Court's page limit. ( Brief due by 11/14/2014.) (Signed by Judge Valerie E. Caproni on 11/3/2014) Filed In Associated Cases: 1:14-md-02573-VEC et al, pursuant to instructions from Chambers. (mro)
October 31, 2014 Filing 6 JOINT LETTER addressed to Judge Valerie E. Caproni from Linda P. Nussbaum dated 10/31/2014 re: Counsel for Plaintiffs in the consolidated and related matters write jointly in response to Part VIII of the Courts Order No. 1, dated October 14, 2014. (ECF No. 4). Document filed by Eric Nalven, J. Scott Nicholson, Don Tran, Modern Settings LLC(a New York limited liability company), Modern Settings LLC(a Florida limited liability company, on behalf of himself and all others similarly situated), Laurence Hughes, Eric Nalven, J. Scott Nicholson.Filed In Associated Cases: 1:14-md-02573-VEC et al.(Nussbaum, Linda)
October 21, 2014 Filing 5 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL(CTO-1) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of New York, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Valerie E. Caproni, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 10/20/2014) (sjo)
October 14, 2014 Transmission to Case Assignment Clerk. Transmitted re: #4 Order No. 1, to the Case Assignment Clerk for preparation of notice of case assignment/reassignment. (tn)
October 14, 2014 Opinion or Order Filing 4 ORDER NO. 1: The provisions of this Order shall govern the practice and procedure in: (1) those actions transferred to this Court by the JPML pursuant to its October 9, 2014 Order; (2) all related actions against the Bank of Nova Scotia, Deutsche Bank AG, HSBC Holdings PLC, HSBC Bank PLC, HSBC Bank U.S.A. N.A., the London Silver Market Fixing Ltd., or any combination thereof, alleging anticompetitive behavior or violations of the Commodities Exchange Act, that were filed in the Southern District of New York and have previously been or will be transferred to MDL-2573; and (3) any "tag-along" actions later filed in, removed to, or transferred to this Court. The Clerk will docket this Order in any case newly-filed or transferred to this Court pursuant to this MDL. This Order vacates any case management or scheduling order issued prior to the transfer of a case to MDL-2573. The civil actions listed on Schedule A are consolidated for pretrial purposes. Any "tag-along" actions later removed to or transferred to this Court, or directly filed in the Southern District of New York, will automatically be consolidated with this action without the necessity of future motions or orders. The Clerk of the Court is respectfully directed to open a master case file bearing docket number 14-MC-2573. For administrative purposes only, in 14-MC-2573, Plaintiffs shall be listed as "London Silver Fixing Plaintiffs" and Defendants shall be listed as "London Silver Fixing Defendants." The Clerk of the Court is respectfully directed to transfer Docket No. 1 (Transfer Order) from 14-MD-2573 to 14-MC-2573, to be followed by this Order No. 1. This Order shall also be docketed in 14-MD-2573 and all matters consolidated therewith. This Order and all subsequent entries docketed in 14-MC-2573 are to be docketed simultaneously in 14-MD-2573. The Clerk of the Court is respectfully directed to de-designate all member cases from inclusion in the Pilot Project and not to designate any cases transferred to or made part of this MDL in the future for inclusion in the Pilot Project. Initial Conference set for 12/3/2014 at 02:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. To the extent they have not already answered, Defendants are granted an extension of time for responding to the Complaints by motion or answer until a date set by this Court. (Signed by Judge Valerie E. Caproni on 10/14/2014) ***As per chambers, Filed In Associated Cases: 1:14-md-02573-VEC, 1:14-cv-05682-VEC, 1:14-cv-08189-VEC, 1:14-cv-7004-VEC, 1:14-cv-7357-VEC 1:14-mc-2573-VEC. (tn) Modified on 10/15/2014 (tn).
October 14, 2014 Opinion or Order Filing 3 STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. Filed In Associated Cases: 1:14-cv-08189(VEC), 1:14-md-02573(VEC). (Signed by Judge Loretta A. Preska on 10/31/2011) (sjo)
October 14, 2014 Opinion or Order Filing 2 STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (sjo)
October 14, 2014 CASES ORIGINATING FROM THE SOUTHERN DISTRICT OF NEW YORK: 1:14-cv-05682 (VEC). (sjo)
October 14, 2014 Case Designated ECF. (sjo)
October 14, 2014 Magistrate Judge Kevin Nathaniel Fox is so designated. (sjo)
October 14, 2014 Filing 1 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of New York, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Valerie E. Caproni, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 10/9/2014) (sjo)

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Search for this case: In re: London Silver Fixing, Ltd., Antitrust Litigation
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Defendant: The Bank of Nova Scotia
Represented By: Kenneth M. Raisler
Represented By: Stephen Ehrenberg
Represented By: William Henry Wagener
Represented By: Virginia Ruth Hildreth
Represented By: John Joseph Hughes, III
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Defendant: Deutsche Bank Securities, Inc.
Represented By: Kuangyan Huang
Represented By: Amy Wilkie Ray
Represented By: Peter Joseph Isajiw
Represented By: Robert S. Khuzami
Represented By: Joseph J Bial
Represented By: Charles F. Rule
Represented By: Joseph Serino, JR.
Represented By: Gregory G Mocek
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Defendant: Scotiabank also known as Scotiamocatta
Represented By: Stephen Ehrenberg
Represented By: John Joseph Hughes, III
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Defendant: HSBC Holdings plc
Represented By: Damien Jerome Marshall
Represented By: Jessica Phillips
Represented By: Marshall Howard Fishman
Represented By: Scott Andrew Eisman
Represented By: Matthew James Galvin
Represented By: Michael Brille
Represented By: Laura Elizabeth Harris
Represented By: Robert John McCallum
Represented By: Leah Friedman
Represented By: Leigh Mager Nathanson
Represented By: Timothy Joseph Coleman
Represented By: Michael Lacovara
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Defendant: Jane Does 1-100
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Defendant: Barclays Capital Inc.
Represented By: Michael Svetkey Feldberg
Represented By: Brian Thomas Fitzpatrick
Represented By: Todd Steven Fishman
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Defendant: The London Silver Market Fixing, Ltd.
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Defendant: BNP Paribas Fortis S.A./N.V.
Represented By: Jason Robert Vitullo
Represented By: Michelle Waller Cohen
Represented By: Stephen P. Younger
Represented By: Joshua Aaron Goldberg
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Defendant: Bank Of America Corporation
Represented By: Adam Selim Hakki
Represented By: Richard Franklin Schwed
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Defendant: Merrill Lynch, Pierce, Fenner & Smith Inc.
Represented By: Adam Selim Hakki
Represented By: Richard Franklin Schwed
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Defendant: Deutsche Bank AG
Represented By: Gregory G Mocek
Represented By: Kuangyan Huang
Represented By: Peter Joseph Isajiw
Represented By: Amy Wilkie Ray
Represented By: Robert S. Khuzami
Represented By: Joseph J Bial
Represented By: Charles F. Rule
Represented By: Joseph Serino, JR.
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Defendant: Deutsche Bank Trust Corporation
Represented By: Kuangyan Huang
Represented By: Amy Wilkie Ray
Represented By: Peter Joseph Isajiw
Represented By: Robert S. Khuzami
Represented By: Joseph J Bial
Represented By: Charles F. Rule
Represented By: Joseph Serino, JR.
Represented By: Gregory G Mocek
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Defendant: Deutsche Bank Trust Company Americas
Represented By: Kuangyan Huang
Represented By: Amy Wilkie Ray
Represented By: Peter Joseph Isajiw
Represented By: Robert S. Khuzami
Represented By: Joseph J Bial
Represented By: Charles F. Rule
Represented By: Joseph Serino, JR.
Represented By: Gregory G Mocek
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Defendant: Scotia Capital (USA) Inc.
Represented By: Kenneth M. Raisler
Represented By: William Henry Wagener
Represented By: Stephen Ehrenberg
Represented By: Virginia Ruth Hildreth
Represented By: John Joseph Hughes, III
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Defendant: DB U.S. Financial Markets Holding Corporation
Represented By: Kuangyan Huang
Represented By: Amy Wilkie Ray
Represented By: Peter Joseph Isajiw
Represented By: Robert S. Khuzami
Represented By: Joseph J Bial
Represented By: Charles F. Rule
Represented By: Joseph Serino, JR.
Represented By: Gregory G Mocek
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Defendant: Scotia Holdings (US) Inc.
Represented By: Kenneth M. Raisler
Represented By: William Henry Wagener
Represented By: Stephen Ehrenberg
Represented By: Virginia Ruth Hildreth
Represented By: John Joseph Hughes, III
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Defendant: HSBC Bank U.S.A. N.A.
Represented By: Damien Jerome Marshall
Represented By: Jessica Phillips
Represented By: Marshall Howard Fishman
Represented By: Scott Andrew Eisman
Represented By: Matthew James Galvin
Represented By: Michael Brille
Represented By: Laura Elizabeth Harris
Represented By: Robert John McCallum
Represented By: Leah Friedman
Represented By: Leigh Mager Nathanson
Represented By: Timothy Joseph Coleman
Represented By: Michael Lacovara
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Defendant: John Doe Nos. 1-50
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Defendant: Deutsche Bank AG, New York Branch
Represented By: Kuangyan Huang
Represented By: Amy Wilkie Ray
Represented By: Peter Joseph Isajiw
Represented By: Robert S. Khuzami
Represented By: Joseph J Bial
Represented By: Charles F. Rule
Represented By: Joseph Serino, JR.
Represented By: Gregory G Mocek
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Defendant: Scotiabanc Inc.
Represented By: Kenneth M. Raisler
Represented By: William Henry Wagener
Represented By: Stephen Ehrenberg
Represented By: Virginia Ruth Hildreth
Represented By: John Joseph Hughes, III
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Defendant: Barclays Capital Services Ltd.
Represented By: Michael Svetkey Feldberg
Represented By: Brian Thomas Fitzpatrick
Represented By: Todd Steven Fishman
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Defendant: Deutsche Bank Americas Holding Corporation
Represented By: Kuangyan Huang
Represented By: Amy Wilkie Ray
Represented By: Peter Joseph Isajiw
Represented By: Robert S. Khuzami
Represented By: Joseph J Bial
Represented By: Charles F. Rule
Represented By: Joseph Serino, JR.
Represented By: Gregory G Mocek
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Defendant: HSBC USA Inc.
Represented By: Matthew James Galvin
Represented By: Damien Jerome Marshall
Represented By: Jessica Phillips
Represented By: Marshall Howard Fishman
Represented By: Scott Andrew Eisman
Represented By: Michael Brille
Represented By: Laura Elizabeth Harris
Represented By: Robert John McCallum
Represented By: Leah Friedman
Represented By: Leigh Mager Nathanson
Represented By: Michael Lacovara
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Defendant: HSBC Bank PLC
Represented By: Matthew James Galvin
Represented By: Leah Friedman
Represented By: Timothy Joseph Coleman
Represented By: Michael Lacovara
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Defendant: UBS AG
Represented By: Melanie L. Katsur
Represented By: Peter Sullivan
Represented By: Eric Jonathan Stock
Represented By: Joel Steven Sanders
Represented By: Thomas G. Hungar
Represented By: Mark Adam Kirsch
Represented By: Indraneel Sur
Represented By: David Jarrett Arp
Represented By: Lawrence Jay Zweifach
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Defendant: The Bank of Nova Scotia Trust Company of New York
Represented By: Stephen Ehrenberg
Represented By: Virginia Ruth Hildreth
Represented By: John Joseph Hughes, III
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Defendant: Barclays Bank PLC
Represented By: Michael Svetkey Feldberg
Represented By: Brian Thomas Fitzpatrick
Represented By: Todd Steven Fishman
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Defendant: HSBC North America Holdings Inc.
Represented By: Matthew James Galvin
Represented By: Damien Jerome Marshall
Represented By: Jessica Phillips
Represented By: Marshall Howard Fishman
Represented By: Scott Andrew Eisman
Represented By: Michael Brille
Represented By: Laura Elizabeth Harris
Represented By: Robert John McCallum
Represented By: Leah Friedman
Represented By: Leigh Mager Nathanson
Represented By: Michael Lacovara
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Defendant: Bank of America, N.A.
Represented By: Adam Selim Hakki
Represented By: Richard Franklin Schwed
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Defendant: Standard Chartered Bank
Represented By: Andrew W. Stern
Represented By: Jonathan Warren Muenz
Represented By: Nicholas Primer Crowell
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Plaintiff: Don Tran
Represented By: Thomas H. Burt
Represented By: John Douglas Richards
Represented By: Vincent Briganti
Represented By: Frederick Taylor Isquith, Sr
Represented By: Deborah A. Elman
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Plaintiff: Kevin Maher
Represented By: Peter Anthony Barile, III
Represented By: Linda P. Nussbaum
Represented By: Christian Levis
Represented By: Hugh Daniel Sandler
Represented By: Vincent Briganti
Represented By: Geoffrey Milbank Horn
Represented By: Barbara J. Hart
Represented By: Deborah A. Elman
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Plaintiff: John Hayes
Represented By: Michael C. Dell'Angelo
Represented By: Zachary D. Caplan
Represented By: Vincent Briganti
Represented By: Deborah A. Elman
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Plaintiff: Laurence Hughes
Represented By: J. Douglas Richards
Represented By: Kit A. Pierson
Represented By: John Douglas Richards
Represented By: Emmy L Levens
Represented By: Manuel Juan Dominguez
Represented By: Michael Benjamin Eisenkraft
Represented By: Vincent Briganti
Represented By: Deborah A. Elman
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Plaintiff: Jerry Barrett
Represented By: Thomas H. Burt
Represented By: Frederick Taylor Isquith, Sr
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Plaintiff: Robert Ceru
Represented By: Vincent Briganti
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Plaintiff: American Precious Metals Ltd
Represented By: Patricia I. Avery
Represented By: Lester L. Levy, Sr
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Plaintiff: Modern Settings LLC
Represented By: Laurence Matthew Rosen
Represented By: Phillip C. Kim
Represented By: Erica Lauren Stone
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Plaintiff: Steven E. Summer
Represented By: Lester L. Levy, Sr
Represented By: Patricia I. Avery
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Plaintiff: Class Plaintiffs
Represented By: Robert Gerard Eisler
Represented By: James Joseph Sabella
Represented By: Deborah A. Elman
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Plaintiff: Rebecca Barrett
Represented By: Thomas H. Burt
Represented By: Frederick Taylor Isquith, Sr
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Plaintiff: KPFF Investment, Inc.
Represented By: Michael C. Dell'Angelo
Represented By: Zachary D. Caplan
Represented By: Vincent Briganti
Represented By: Deborah A. Elman
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Plaintiff: Christopher Depaoli
Represented By: Peter Anthony Barile, III
Represented By: Linda P. Nussbaum
Represented By: Christian Levis
Represented By: Hugh Daniel Sandler
Represented By: Vincent Briganti
Represented By: Geoffrey Milbank Horn
Represented By: Barbara J. Hart
Represented By: Deborah A. Elman
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Plaintiff: Norman Bailey
Represented By: Michael C. Dell'Angelo
Represented By: Zachary D. Caplan
Represented By: Vincent Briganti
Represented By: Deborah A. Elman
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Plaintiff: J. Scott Nicholson
Represented By: Michelle Elizabeth Conston
Represented By: Christian Levis
Represented By: Scott Vincent Papp
Represented By: Raymond Peter Girnys
Represented By: Garam Choe
Represented By: Lee Jason Lefkowitz
Represented By: Thomas Michael Skelton
Represented By: Peter Dexter St. Phillip, Jr
Represented By: Roland Raymond St. Louis, III
Represented By: Vincent Briganti
Represented By: Geoffrey Milbank Horn
Represented By: Barbara J. Hart
Represented By: Deborah A. Elman
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Plaintiff: Eric Nalven
Represented By: Peter Anthony Barile, III
Represented By: Linda P. Nussbaum
Represented By: Barbara J. Hart
Represented By: Vincent Briganti
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Intervenor: U.S. Department Of Justice
Represented By: Carol L Sipperly
Represented By: Ankush Khardori
Represented By: Michael John Rinaldi
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Not classified by court: Yuri Alishaev
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Not classified by court: Vega Traders LLC
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Not classified by court: Morris Jeremias
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Not classified by court: Abraham Jeremias
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Not classified by court: Gamma Traders - I LLC
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