Sonterra Capital Master Fund, Ltd. v. Barclays Bank PLC et al
| Sonterra Capital Master Fund, Ltd. |
| Barclays Bank PLC, Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., Deutsche Bank AG, Lloyds Banking Group Plc, The Royal Bank of Scotland PLC, UBS AG and John Doe Nos. 1-50 |
| 1:2015cv03538 |
| May 6, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Vernon S. Broderick |
| Securities/Commodities/Exchanges |
| 15 U.S.C. ยง 1 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
290
FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE OF DEUTSCHE BANK AG: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: This Final Judgment hereby incorporates by reference the definitions in the Stipulation and Agreement of Settlement dated March 31, 2022 between Representative Plaintiffs and Deutsche Bank, ECF No. 262-1 (the "Settlement Agreement"), and all terms used herein, except as otherwise expressly defined herein, shall have the same meanings as set forth in the Settlement Agreement. Upon the Effective Date of the Settlement, the Action, including each claim in the Action, is hereby dismissed with prejudice on the merits as to Deutsche Bank (but not any other Defendant) without fees or costs except as provided by th e terms of the Settlement. Upon the Effective Date of the Settlement, the Action shall be dismissed fully, finally, and in its entirety against Deutsche Bank. As further set forth in this order. The Court, finding no just reason for delay, di rects pursuant to Rule 54(b) of the Federal Rules of Civil Procedure that the judgment of dismissal as to Deutsche Bank shall be final and entered forthwith. IT IS SO ORDERED. (Signed by Judge Vernon S. Broderick on 11/21/2023) Deutsche Bank AG and Deutsche Bank AG terminated. (ks)
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Filing
271
STIPULATION AND PROTECTIVE ORDER GOVERNING MATERIALS PRODUCED BY DEUTSCHE BANK AG...regarding procedures to be followed that shall govern the handling of confidential material..., Motions terminated: 269 MOTION for Protective Order . filed by Richard Dennis, Fund Liquidation Holdings, LLC, Sonterra Capital Master Fund, Ltd., Frontpoint European Fund L.P.. (Signed by Judge Vernon S. Broderick on 8/24/2023) (rro)
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Filing
268
ORDER PRELIMINARILY APPROVING CLASS ACTION SETTLEMENT WITH DEUTSCHE BANK AG, SCHEDULING A HEARING FOR FINAL APPROVAL THEREOF, AND APPROVING THE PROPOSED FORM AND PROGRAM OF NOTICE TO THE CLASS: IT IS HEREBY ORDERED that: 1. Except for the terms e xpressly defined herein, the Court adopts and incorporates the definitions in the Settlement Agreement for the purposes of this Order. 2. The Court finds that it has subject matter jurisdiction to preliminarily approve the Settlement Agreement, inclu ding all exhibits thereto, and the Settlement contained therein under 28 U.S.C. § 1331. 3. Solely for purposes of the Settlement, the Settlement Class is hereby preliminarily certified and maintained as a class action, pursuant to Rule 23 of the Federal Rules of Civil Procedure. The Court finds that the applicable provisions of Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure have been satisfied and that the Court will likely be able to approve the Settlement and certify the Settlement Class for purposes of judgment. The Settlement Class is defined as: as further set forth herein. The Court hereby appoints Lowey Dannenberg, P.C. and Lovell Stewart Halebian Jacobson LLP as Class Counsel to such Settlement Class for purp oses of the Settlement, having determined that the requirements of Rule 23(g) of the Federal Rules of Civil Procedure are fully satisfied by this appointment. The Court appoints A.B. Data, Ltd. as Settlement Administrator for purposes of the Settleme nt. Richard Dennis and Fund Liquidation Holdings LLC are hereby appointed as representatives of the Settlement Class. A hearing will be held on November 16, 2023 at 11:00 A.M. via telephone using the dial-in 888-363-4749 and access code 2682448 be fore the undersigned to consider the fairness, reasonableness, and adequacy of the Settlement (the "Fairness Hearing"). The foregoing date, time, and venue of the Fairness Hearing shall be set forth in the Class Notice, which is ordered her ein, but shall be subject to adjournment or change by the Court without further notice to the Class Members, other than that which may be posted at the Court or on the Settlement website at www.sterlingliborsettlement.com. The Court reserves the rig ht to approve the Settlement at or after the Fairness Hearing with such modifications as may be consented to by the Parties and without further notice to the Settlement Class. The terms of the Settlement Agreement are hereby preliminarily approved. The Court finds that the Settlement was entered into at arms length by experienced counsel and is sufficiently within the range of reasonableness, fairness, and adequacy, and that notice of the Settlement should be given as provided in this Order bec ause the Court will likely be able to approve the Settlement under Rule 23(e)(2) of the Federal Rules of Civil Procedure. The terms of the Distribution Plan, the Supplemental Agreement, and the Proof of Claim and Release also are preliminarily approv ed as within the range of reasonableness, fairness, and adequacy. All proceedings in this Action as to Deutsche Bank, other than such proceedings as may be necessary to implement the proposed Settlement or to effectuate the terms of the Settlement A greement, are hereby stayed and suspended until further order of this Court. Commencing no later than seventy (70) days after entry of this Order, the Settlement Administrator shall cause to be published a short form notice, without material variati on from Exhibit 5 to the Joint Decl., as described in the proposed notice program attached to the Young Decl. Joint Decl., Ex. 2. Prior to the Effective Date of the Settlement, all reasonable notice and administration costs up to $500,000 may be paid as set forth in the Settlement Agreement without further order of the Court. The Court's preliminary certification of the Settlement Class and appointment of Representative Plaintiffs as class representatives, as provided herein, are witho ut prejudice to, or waiver of, the rights of any non-settling Defendant to contest any other request by Representative Plaintiffs to certify a class. The Court's findings in this Preliminary Approval Order shall have no effect on the Court' s ruling on any motion to certify any class in the Action, or appoint class representatives, and no Person may cite or refer to the Court's approval of the Settlement Class as binding or persuasive authority with respect to any motion to certify such class or appoint class representatives. (as further set forth herein). IT IS SO ORDERED. ( Telephone Conference set for 11/16/2023 at 11:00 AM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 6/13/2023) (kv) Transmission to Finance Unit (Cashiers) for processing.
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Filing
266
OPINION AND ORDER re: 260 MOTION for Settlement Preliminary Approval of Class Action Settlement. filed by Richard Dennis, Fund Liquidation Holdings, LLC. For the foregoing reasons, Representative Plaintiffs' unopposed motion for preliminary approval of the settlement is GRANTED. Accordingly, the parties are hereby ORDERED to re-submit a text-editable word document of the proposed order setting forth the settlement procedure and schedule. (Doc. 263.) I will approve the proposed procedure in a separate order to be filed in tandem with this Opinion & Order. IT IS FURTHER ORDERED that the parties inform me within two weeks of the published date of this Opinion & Order whether they would like to schedule a Fairness Hearing prior to the two hundred and twenty-five (225) calendar days after entry of the Preliminary Approval Order as originally requested. The Clerk of Court is respectfully directed to close the open motions on the docket. SO ORDERED. (Signed by Judge Vernon S. Broderick on 6/1/2023) (jca)
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Filing
235
OPINION & ORDER re: 198 MOTION for Reconsideration re; 191 Memorandum & Opinion, . filed by UBS AG, 201 MOTION to Substitute Party. Old Party: FrontPoint European Fund, L.P., New Party: Fund Liquidation Holdings, LLC . filed by Frontpoint European Fund, L.P., 196 MOTION for Reconsideration re; 191 Memorandum & Opinion, . filed by Frontpoint European Fund, L.P. For the foregoing reasons, FrontPoint's motion for substitution is DE NIED and, because FrontPoint lacks capacity to maintain this lawsuit, its claims are DISMISSED. The Clerk of Court is respectfully directed to terminate the motions pending at Docket Entries 196, 198, and 201, and to close the case. (Signed by Judge Vernon S. Broderick on 8/16/2019) (rj) Transmission to Orders and Judgments Clerk for processing.
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Filing
191
OPINION & ORDER re: 99 MOTION to Dismiss Consolidated Amended Complaint. filed by Lloyds Banking Group Plc. For the foregoing reasons, Defendants' motion to dismiss for lack of subject matter jurisdiction is DENIED. Defendant s' motion to dismiss pursuant to Rule 12(b)(6) for failure to state a claim is GRANTED as to all claims against Defendant BCI. Defendants' motion to dismiss pursuant to Rule 12(b)(6) is also GRANTED as to Plaintiffs' CEA claims, RICO c laims, and state-law claim of breach of the implied covenant of good faith and fair dealing, as well as to Plaintiffs Sonterra's and Dennis's Sherman Act claims and unjust enrichment claim against all Defendants, and Plaintiff FrontPoint� 39;s Sherman Act claims and unjust enrichment claim against all Defendants except UBS. Because Plaintiffs have made out a prima facie case of personal jurisdiction over Defendant UBS with regard to Plaintiff FrontPoint's Sherman Act claims and u njust enrichment claim against Defendant UBS, the Foreign Defendants' motion to dismiss for lack of jurisdiction is DENIED as to those claims. Plaintiffs' request for jurisdictional discovery is DENIED. In light of this Opinion & Order, Pl aintiffs shall file any motion to substitute pursuant to Rule 17(a)(3), limited in scope to the surviving claims, no later than January 21, 2019; Defendants' response shall be due no later than February 20, 2019; Plaintiffs' reply shall be due no later than February 27, 2019. The Clerk of Court is respectfully directed to terminate the pending motion.SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/21/2018) (rro)
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