Fujifilm Manufacturing U.S.A., Inc. v. Goldman Sachs & Co. et al
| Fujifilm Manufacturing U.S.A., Inc. |
| Goldman Sachs & Co., Goldman Sachs International, J. Aron & Company, Metro International Trade Services LLC, JPMorgan Securities PLC, Henry Bath LLC, Glencore Ltd. and Pacorini Metals USA, LLC |
| 1:2015cv08307 |
| October 21, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Katherine B. Forrest |
| Anti-Trust |
| 15 U.S.C. ยง 15 Antitrust Litigation |
| Plaintiff |
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Filing
249
ORDER TO WITHDRAW CARMEN A. MEDICI AS ATTORNEY OF RECORD granting (1384) Motion to Withdraw (1384 in 1:13-md-02481-PAE) MOTION to Withdraw Carmen A. Medici as Attorney. in case 1:13-md-02481-PAE. The motion of Carmen A. Medici to withdraw as attorney of record in the above-referenced action is granted. As further set forth by this Order. (Signed by Judge Paul A. Engelmayer on 1/18/2023) (tg)
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Filing
243
ORDER: A telephonic conference in this case is presently scheduled for March 12, 2021 at 11:00 a.m. Dkt. 1321. Due to a conflict with a criminal conference on the Court's schedule, the conference in this case is rescheduled for 1:00 p.m. the same day. The conference will remain telephonic, using the same dial-in information provided in the original scheduling order. SO ORDERED. (Telephone Conference set for 3/12/2021 at 01:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 3/3/2021) (jca)
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Filing
242
CLERK'S JUDGMENT re: 240 Memorandum & Opinion. in favor of Glencore AG, Glencore International AG, Glencore Ltd., Goldman Sachs & Co., Goldman Sachs International, Henry Bath LLC, J. Aron & Company, JPMorgan Chase Bank, N.A., JPMorgan Sec urities PLC, Metro International Trade Services LLC, Pacorini Metals USA, LLC, Pacorini Metals Vlissingen B.V. against Fujifilm Manufacturing U.S.A., Inc.. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated February 17, 2021, the Court grants defendants' motion for summary judgment as to the Individual Purchaser plaintiffs' claims. All claims brought by plaintiffs Agfa, Mag, Kodak, and Fujifilm are dismissed for lack of antitrust standing. Accordingly, all claims in case numbers 14 Civ. 211; 14 Civ. 217; 14 Civ. 6849; and 15 Civ. 8307 are dismissed. (Signed by Clerk of Court Ruby Krajick on 2/19/2021) (Attachments: # 1 Notice of Right to Appeal) (dt)
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Filing
240
OPINION AND ORDER re: 213 MOTION for Summary Judgment Against FLPS' and IPS' Umbrella Claims. filed by Glencore Ltd., Pacorini Metals USA, LLC, Metro International Trade Services LLC, Henry Bath LLC, Goldman Sachs & Co., JPMorgan Chase Bank, N.A., Pacorini Metals Vlissingen B.V., J. Aron & Company, JPMorgan Securities PLC, Glencore International AG, Goldman Sachs International. For the foregoing reasons, the Court grants defendants' motion for s ummary judgment as to the IPs' claims and most of the FLPs' claims. All claims brought by plaintiffs Custom, Claridge, Extruded, Agfa, Mag, Kodak, and Fujifilm are dismissed. Ampal's claims are dismissed to the extent they do not arise from transactions directly with Glencore, Century, or any other defendant or co-conspirator. The Clerk of Court is respectfully directed to close the following cases: 14 Civ. 211; 14 Civ. 217; 14 Civ. 6849; and 15 Civ. 8307. The Clerk of Court is fu rther directed to terminate the following plaintiffs as parties to cases 13 MD 2481 and 14 Civ. 3116: (1) Custom Aluminum Products, Inc.; (2) Claridge Products and Equipment, Inc.; and (3) Extruded Aluminum Corporation. The Clerk of Court is also dir ected to terminate the following plaintiffs as parties to case 13 MD 2481: (1) Agfa Corporation; (2) AGFA Graphics, NV; (3) Mag Instrument Inc; (4) Eastman Kodak Company; (5) Fujifilm Manufacturing U.S.A., Inc. This case will now proceed solely on th e claims asserted by plaintiffs who transacted directly with defendants during the relevant period, i.e., Ampal in 14 Civ. 3116, and Reynolds and Southwire in 16 Civ. 5955. An order will issue shortly as to next steps in this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/17/2021) (jca)
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Filing
239
MEMO ENDORSEMENT granting (1318 in 1:13-md-02481-PAE) MOTION to Withdraw Attorney Stephanie A. Hackett in case 1:13-md-02481-PAE. ENDORSEMENT: Granted. The Clerk of Court is respectfully directed to terminate Stephanie A. Hackett as counsel in the above-captioned cases. SO ORDERED. Attorney Stephanie Ann Hackett terminated. (Signed by Judge Paul A. Engelmayer on 2/3/2021) (jca)
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Filing
238
ORDER granting 235 Letter Motion to Seal: Granted. (Signed by Judge Paul A. Engelmayer on 12/15/2020) (jwh)
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Filing
234
ORDER granting 231 Letter Motion to Seal: The Court has received defendants' letter motion to file under seal their reply to plaintiffs' response to defendants' statement of undisputed material facts. Having reviewed the proposed red actions, the Court grants defendants' request. The Clerk of Court is respectfully directed to close the motions pending at docket 1304 in 13-md-2481, docket 242 in 14 Civ. 211, docket 267 in 14 Civ. 217, docket 458 in 14 Civ. 3116, docket 177 in 14 Civ. 6849, and docket 231 in 15 Civ. 8307. (Signed by Judge Paul A. Engelmayer on 11/23/2020) (jwh)
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Filing
229
ORDER granting 220 Letter Motion to Seal: The Court has received plaintiffs' letter motion to file under seal their memorandum of law in opposition to defendants' motion for summary judgment, their response to defendants' statement o f undisputed material facts, and certain exhibits cited therein in each of the above-captioned cases. Having reviewed the proposed redactions and documents to be filed under seal, the Court grants plaintiffs' request. The Clerk of Court is resp ectfully directed to close the motions pending at docket 1293 in 13-md-2481, docket 231 in 14 Civ. 211, docket 256 in 14 Civ. 217, docket 447 in 14 Civ. 3116, docket 166 in 14 Civ. 6849, and docket 220 in 15 Civ. 8307. (Signed by Judge Paul A. Engelmayer on 10/21/2020) (jwh)
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Filing
219
ORDER granting 212 Letter Motion to Seal. The Court has received the defendants' letter motion to file under seal their statement of undisputed material facts and certain exhibits cited therein in each of the above-captioned cases. Having revi ewed the proposed redactions and documents to be filed under seal, the Court grants defendants' request. The Clerk of Court is respectfully directed to grant the motions pending at docket 1285 in 13-md-2481, docket 223 in 14 Civ. 211, docket 248 in 14 Civ. 217, docket 439 in 14 Civ. 3116, docket 158 in 14 Civ. 6849, and docket 212 in 15 Civ. 8307. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/03/2020) (ama)
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Filing
204
ORDER. The Court directs the parties to meet and confer further on the appropriate scope of discovery, with the following guidance: (1) the parties should treat GIAG and PV's May 18 proposal, Dkt. 163-1, as the starting point of their negotiatio ns; (2) plaintiffs are entitled to some form of search for internal emails relating to queues at Detroit or Vlissingen; (3) GIAG and PV should provide to plaintiffs accurate hit counts for each custodian for the disputed category of internal emails, to facilitate further negotiation; (4) the Court regards the number of hits returned by the search on Yntemas emails to be vastly disproportionate to its mandate of limited additional discovery, especially considering the significant other discovery GIAG and PV have offered to make available; and (5) the parties should negotiate the significant narrowing of the search for internal emails relating to queues at Detroit or Vlissingen, including by removing or narrowing search strings or reducing th e time frame applicable to that particular search. The Court expects that counsel will collegially agree to the scope of additional discovery based on these guidelines, without further intervention by the Court. If so, the Court directs the parties t o file a proposed schedule for discovery by Thursday, June 18, 2020. If counsel cannot agree, the Court directs the parties to file a joint letter setting forth any remaining disputes, by June 18, 2020. So ordered. (Signed by Judge Paul A. Engelmayer on 6/5/2020) (rjm)
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Filing
203
ORDER granting 199 Letter Motion to Seal. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/04/2020) (ama) Transmission to Sealed Records Clerk for processing.
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Filing
193
ORDER granting 186 Letter Motion to Seal: The Court has reviewed the proposed redactions and grants the requests of Glencore International AG and Access World (Vlissingen) B.V. to file their answers under seal, Dkts. 186, 189. (Signed by Judge Paul A. Engelmayer on 5/13/2020) (jwh)
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Filing
182
OPINION & ORDER: For the foregoing reasons, the Court denies GIAG and Pacorini Vlissingen's motions to dismiss for lack of personal jurisdiction. As Judge Forrest noted in denying the class plaintiffs' and other individual plaintiffs' motions for leave to amend their complaints to add, inter alia, GIAG and Pacorini Vlissingen as defendants, this "create[s] a disparity between... Fujifilm's [case] on the one hand and the [other plaintiffs'] on the other. In light of how we have reached that disparity, however, the Court believes the most equitable and efficient course is to proceed with two different operative case theories in two parallel tracks." In re Aluminum Warehousing Antitrust Litig., 2016 WL 16293 50, at *8. This observation is today, at this later juncture, at least as apt, if not more so. For avoidance of doubt, GIAG and Pacorini Vlissingen are defendants in the Fujifilm and Reynolds & Southwire cases only. See No. 15 Civ. 8307 (PAE); No. 16 Civ. 5955 (PAE).24 The Court directs GIAG and Pacorini Vlissingen to answer, or otherwise respond to, the AC by May 12, 2020. The Court further directs counsel for GIAG, Pacorini Vlissingen, Fujifilm, and Reynolds Consumer Products LLC to meet and c onfer to discuss next steps by May 4, 2020. The Court requests a joint letter, due May 12, 2020, from those parties setting forth a plan for what the Court is confident will be limited additional discovery relating to GIAG and Pacorini Vlissingen. The motions at dockets 83 and 94 are closed. (Signed by Judge Paul A. Engelmayer on 4/28/2020) (jwh)
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Filing
171
ORDER: In light of the unprecedented impact of COVID-19 on the Court's operations-as well as the Court's February 2020 revision of its Individual Rules regarding redactions and filing under seal-the Court directs the parties electronically to file under seal unredacted text-searchable versions of all operative submissions relating to: (i) the two motions to dismiss for lack of personal jurisdiction pending in No. 15 Civ. 8307 (PAE) ("Fujifilm docket"); and (ii) the class cert ification and Daubert motions pending in No. 14 Civ. 3116 (PAE) ("Direct Purchasers docket"). The Court requests that the parties highlight in yellow any information that was redacted in the original filing. In keeping with the parties' ; existing practice, the documents relating to the motions to dismiss should be filed only on the Fujifilm docket, but the documents relating to the class certification and Daubert motions should be filed on both the Direct Purchasers docket and the MDL docket, No. 13 MD 2481 (PAE). The Court requests that the parties re-file the Fujifilm documents by Friday, April 17, 2020, and that the parties re-file the Direct Purchasers documents by Friday, April 24, 2020. The Court wishes all counsel well during these challenging times. (Signed by Judge Paul A. Engelmayer on 4/14/2020) (jwh)
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Filing
164
ORDER: The Court hereby schedules the next telephonic conference in this case for Thursday, February 20, 2020, at 9 a.m. The Court directs lead counsel for plaintiffs to provide the Court and the defense with a dial-in number for the call. The Court further directs that, two days prior to the call, counsel submit a brief joint letter summarizing recent developments in the case and identifying the call participants for each side. (Telephone Conference set for 2/20/2020 at 09:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 1/17/2020) (jwh)
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Filing
150
OPINION & ORDER re: (67 in 1:16-cv-05955-KBF) MOTION for Reconsideration re; (65) Memorandum & Opinion, filed by Southwire Company, LLC, Reynolds Consumer Products LLC. For the reasons set forth above, this Court DISMISSES the fo llowing actions: Agfa Corporation and Agfa Graphics, N.V. v. The Goldman Sachs Group, Inc., et al., Case No. 14-cv-211; Mag Instrument Inc. v. The Goldman Sachs Group, Inc. et al., Case No. 14-cv-217; Eastman Kodak Company v. The Goldman Sachs Group, Inc. et al., Case No. 14-cv-6849; FUJIFILM Manufacturing U.S.A., Inc. v. Goldman Sachs & Co. et al., 15-cv-8307; and Reynolds Consumer Products LLC and Southwire Company, LLC v. Glencore AG et al., Case No. 16-cv-5955. In addition, as it would be fu tile to allow the amendment proposed by the Reynolds and Southwire plaintiffs (see Case No. 16-cv-5955, ECF Nos. 67, 69), that motion is also DENIED. The Clerk of Court is directed to terminate the motion at Case No. 16-cv-5955, ECF No. 67. (Signed by Judge Katherine B. Forrest on 11/30/2016) (cla)
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Filing
135
OPINION & ORDER re: (1049 in 1:13-md-02481-KBF) JOINT MOTION for Judgment on the Pleadings filed by Goldman Sachs & CO., MITSI Holdings LLC, Metro International Trade Services, L. L. C., Goldman Sachs International, J. Aron & Co. For the reasons set forth above, the Court GRANTS defendants' motion to dismiss the TAC. The Clerk of Court is directed to close the motion at ECF No. 1049 and to terminate the following actions: 13-md-2481, 14-cv-0211, 14-cv-0217, 14-cv-3116, 14-cv-6849, 15-cv-8307 and 16-cv-5955. (Signed by Judge Katherine B. Forrest on 10/5/2016) MDL Clerk notified. (cla)
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Filing
74
OPINION & ORDER re: 44 MOTION for Leave to File Second Joint Amended Complaint . filed by Fujifilm Manufacturing U.S.A., Inc. For the reasons set forth above, the Individual Plaintiffs' motion for leave to file their propos ed Second Joint Amended Complaint and the First Level Purchaser Plaintiffs' motion for leave to file their proposed Fifth Amended Complaint are DENIED. The Clerk of Court is directed to close the motions at ECF Nos. 887 and 891 in 13-md-2481, ECF No. 316 in 14-cv-3116, and ECF No. 44 in 15-cv-8307. (As further set forth in this Order) (Signed by Judge Katherine B. Forrest on 4/25/2016) (lmb)
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