Axiom Investment Advisors, LLC v. Deutsche Bank AG
||Axiom Investment Advisors, LLC
||Deutsche Bank AG
||December 21, 2015
||US District Court for the Southern District of New York
||Foley Square Office
||Lorna G. Schofield
|Nature of Suit:
|Cause of Action:
||28 U.S.C. § 1332
|Jury Demanded By:
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|September 6, 2018
OPINION AND ORDER re: 129 MOTION to Certify Class . filed by Gildor Management LLC, Axiom Investment Company, LLC, Axiom Investment Advisors, LLC, 136 MOTION to Strike THE DECLARATION OF RETO FELLER. filed by De utsche Bank AG, 142 MOTION to Strike Declaration of Phillip Weisberg. filed by Axiom Investment Advisors, LLC, 137 MOTION to Strike THE DECLARATION OF BRUCE MCFARLANE. filed by Deutsche Bank AG, 141 MOTION to S trike Declaration of Terrence Hendershott. filed by Axiom Investment Advisors, LLC. For the foregoing reasons, Axioms motion to certify the Express Contract Class and the Implied Contract Class in this action is DENIED. The motions to str ike the declarations of experts Feller, McFarlane, Hendershott and Weisberg are DENIED as moot because the Court did not rely on their expert opinions in ruling on class certification. The Clerk of Court is directed to close the motions at Docket Nos. 129, 136, 137, 141 and 142. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 9/6/2018) (cf)
|February 13, 2017
ORDER AND OPINION re: 50 MOTION to Dismiss the Complaint for Failure to State a Claim filed by Deutsche Bank AG. For the foregoing reasons, Deutsche Bank's motion to dismiss is GRANTED as to Axiom's claims for b reach of the implied covenant of good faith and fair dealing (Count III), deceptive trade practices (Count IV), false advertising (Count V) and unjust enrichment based on transactions that occurred on Autobahn (Count VI) but not transactions on other ECNs. The motion is DENIED in all other respects. The Clerk of Court is directed to close the motion at Dkt. No. 50. (As further set forth in this Order and Opinion.) (Signed by Judge Lorna G. Schofield on 2/13/2017) (mro)
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