In re: AXA Equitable Life Insurance Company
Plaintiff: Brach Family Foundation, Inc., Allen Dyer, Secondary Life Three LLC, Jeremy Wenokur and Malcolm Currie
Defendant: AXA Equitable Life Insurance Company
Interested Party: DLP Master Trust, Wells Fargo Bank, National Association, as securities intermediary for LSH II CO, DLP Master Trust III, PricewaterhouseCoopers LLP, DLP Master Trust II, GWG DLP Master Trust, Greenwich Settlements Master Trust, Palm Beach Settlement Company, Life Funding Trust, Wells Fargo Bank, National Association as securities intermediary for EFG Bank AG, Cayman Branch, PF Participation Funding Trust, EFG Bank AG, Cayman Branch, LSH II CO, Wells Fargo Bank, National Association, as securities intermediary for LSH CO, LSH CO, CMG Life Services Inc. and CMG Surety LLC
Consolidated Plaintiff: John N Croft Irrevocable Trust
Not Yet Classified: Leon Perlmutter
Case Number: 1:2016cv00740
Filed: February 1, 2016
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Kings
Presiding Judge: Jesse M Furman
Nature of Suit: Insurance
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 4, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 14, 2019 Opinion or Order Filing 375 ORDER granting #374 Letter Motion for Extension of Time. Application GRANTED. The relevant deadlines are EXTENDED as set forth herein, and the pretrial conference is ADJOURNED to November 25, 2019 at 3:00 p.m. The Clerk of Court is directed to terminate 16cv740, ECF No. 374; 17cv4767, ECF No. 330; 17cv4803, ECF No. 181; 17cv9355, ECF No. 153; 18cv2111, ECF No. 239; and 18cv10730, ECF No. 56; and to docket this letter in each case. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/14/19) (yv)
August 14, 2019 Set/Reset Deadlines: (Expert Discovery due by 11/20/2019., Replies due by 9/25/2019.), Set/Reset Hearings: (Pretrial Conference set for 11/25/2019 at 03:00 PM before Judge Jesse M. Furman.) (yv)
August 13, 2019 Filing 374 JOINT LETTER MOTION for Extension of Time to Complete Expert Discovery addressed to Judge Jesse M. Furman from Rohit D. Nath dated August 13, 2019. Document filed by Brach Family Foundation, Inc., Malcolm Currie, Allen Dyer.(Nath, Rohit)
July 18, 2019 Opinion or Order Filing 373 ORDER granting #372 Letter Motion for Extension of Time. Application GRANTED. The parties' deadlines are EXTENDED as set forth herein. By the same date, Plaintiffs shall deliver to the Court a single, combined set of electronic courtesy copies of all documents relating to their motion for class certification, including any such applications and supporting documents. See Docket No. 156 in 16cv740. The Clerk of Court is directed to terminate 16cv740, Docket No. 372; and 18cv2111, Docket No. 236. SO ORDERED. (Motions due by 9/25/2019. (Signed by Judge Jesse M. Furman on 7/18/2019) (anc)
July 18, 2019 Filing 372 LETTER MOTION for Extension of Time to File Sealing Applications addressed to Judge Jesse M. Furman from Andrei Vrabie dated July 18, 2019. Document filed by LSH CO, Wells Fargo Bank, National Association, as securities intermediary for LSH CO, CMG Life Services Inc., CMG Surety LLC.(Vrabie, Andrei)
July 16, 2019 Filing 371 NOTICE of Sealed Filing re: #369 Declaration in Opposition to Motion,,,. Document filed by AXA Equitable Life Insurance Company. (Gelfand, David)
July 16, 2019 Filing 370 NOTICE of Sealed Filing re: #368 Declaration in Support,,,. Document filed by AXA Equitable Life Insurance Company. (Gelfand, David)
July 16, 2019 Filing 369 DECLARATION of Robert C. Hora in Opposition re: #352 MOTION to Certify Class .. Document filed by AXA Equitable Life Insurance Company. (Attachments: #1 Hora Exhs. 1-4, #2 Hora Exh. 5, #3 Hora Exh. 6, #4 Hora Exh. 7, #5 Hora Exhs. 8-24, #6 Hora Exh. 25, #7 Hora Exhs. 26-33, #8 Hora Exh. 34, #9 Hora Exhs. 35-65, #10 Hora Exh. 66, #11 Hora Exh. 67, #12 Hora Exh. 68, #13 Hora Exhs. 69-81A, #14 Hora Exh. 81B, #15 Hora Exhs. 82-84, #16 Hora Exh. 85, #17 Hora Exhs. 86-93, #18 Hora Exh. 94, #19 Hora Exhs.95-152, #20 Hora Exh. 153, #21 Hora Exhs. 154-172, #22 Hora Exh. 173, #23 Hora Exhs. 174-234, #24 Hora Exh. 235, #25 Hora Exh. 236, #26 Hora Exh. 237, #27 Hora Exh. 238, #28 Hora Exh. 239, #29 Hora Exh. 240, #30 Hora Exhs. 241-252)(Hora, Robert)
July 16, 2019 Filing 368 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #369 Declaration) - DECLARATION of Robert C. Hora in Support. Document filed by AXA Equitable Life Insurance Company. (Attachments: #1 Hora Exhs. 1-4, #2 Hora Exh. 5, #3 Hora Exh. 6, #4 Hora Exh. 7, #5 Hora Exhs. 8-24, #6 Hora Exh. 25, #7 Hora Exhs. 26-33, #8 Hora Exh. 34, #9 Hora Exhs. 35-65, #10 Hora Exh. 66, #11 Hora Exh. 67, #12 Hora Exh. 68, #13 Hora Exhs. 69-81A, #14 Hora Exh. 81B, #15 Hora Exhs. 82-84, #16 Hora Exh. 85, #17 Hora Exhs. 86-93, #18 Hora Exh. 94, #19 Hora Exhs. 95-152, #20 Hora Exh. 153, #21 Hora Exhs. 154-172, #22 Hora Exh. 173, #23 Hora Exhs. 174-234, #24 Hora Exh. 235, #25 Hora Exh. 236, #26 Hora Exh. 237, #27 Hora Exh. 238, #28 Hora Exh. 239, #29 Hora Exh. 240, #30 Hora Exhs. 241-252)(Hora, Robert) Modified on 7/17/2019 (db).
July 15, 2019 Filing 367 NOTICE of of Sealed Filing. Document filed by AXA Equitable Life Insurance Company. (Hora, Robert)
July 15, 2019 Filing 366 DECLARATION of Robert C. Hora in Support re: #364 Memorandum of Law in Opposition to Motion. Document filed by AXA Equitable Life Insurance Company. (Attachments: #1 Hora Exhs. 1-4, #2 Hora Exh. 5, #3 Hora Exh. 6, #4 Hora Exh. 7, #5 Hora Exhs. 8-24, #6 Hora Exh. 25, #7 Hora Exhs. 26-33, #8 Hora Exh. 34, #9 Hora Exhs. 35-65, #10 Hora Exhs. 66, #11 Hora Exh. 67, #12 Hora Exh. 68, #13 Hora Exhs. 69-81A, #14 Hora Exhs. 82-84, #15 Hora Exh. 85, #16 Hora Exhs. 86-93, #17 Hora Exh. 94, #18 Hora Exhs. 95-152, #19 Hora Exh. 153, #20 Hora Exhs. 154-172, #21 Hora Exh. 173, #22 Hora Exhs. 174-234, #23 Hora Exh. 235, #24 Hora Exh. 236, #25 Hora Exh. 237, #26 Hora Exh. 238, #27 Hora Exh. 239, #28 Hora Exh. 240, #29 Hora Exhs. 241-252)(Hora, Robert)
July 15, 2019 Filing 365 DECLARATION of Erwin A. Jantz in Support re: #364 Memorandum of Law in Opposition to Motion. Document filed by AXA Equitable Life Insurance Company. (Gelfand, David)
July 15, 2019 Filing 364 MEMORANDUM OF LAW in Opposition re: #352 MOTION to Certify Class . . Document filed by AXA Equitable Life Insurance Company. (Gelfand, David)
June 12, 2019 Opinion or Order Filing 363 ORDER granting #362 JOINT LETTER MOTION for Extension of Time to Complete Expert Discovery and for Extension of Page Limits addressed to Judge Jesse M. Furman from Robert C. Hora dated June 11, 2019. Document filed by AXA Equitable Life Insurance Company. Application GRANTED. The parties' proposed modified schedule for the completion of discovery is adopted, and the page limits for Defendant's memorandum of law in opposition to the motion for class certification and the Brach Plaintiffs' reply are enlarged by fifteen pages each. Finally, the pretrial conference previously scheduled for September 18, 2019 is hereby ADJOURNED to October 23, 2019, at 3:30 p.m. The Clerk of Court is directed to terminate Docket No. 362 in 16cv740, Docket No. 326 in 17cv4767, Docket No. 179 in 17cv4803, Docket No. 151 in 17cv9355, Docket No. 234 in 18cv2111, and Docket No. 52 in 18cv10730. So ordered. (Signed by Judge Jesse M. Furman on 6/12/2019) (rjm)
June 12, 2019 Set/Reset Deadlines: (Expert Discovery due by 10/16/2019. Responses due by 7/15/2019. Replies due by 9/11/2019.), Set/Reset Hearings: (Pretrial Conference set for 10/23/2019 at 03:30 PM before Judge Jesse M. Furman.) (rjm)
June 11, 2019 Filing 362 JOINT LETTER MOTION for Extension of Time to Complete Expert Discovery and for Extension of Page Limits addressed to Judge Jesse M. Furman from Robert C. Hora dated June 11, 2019. Document filed by AXA Equitable Life Insurance Company.(Hora, Robert)
May 22, 2019 Opinion or Order Filing 361 ORDER granting #360 Letter Motion for Extension of Time to File Sealing Applications. The parties' respective deadlines to file applications to seal any documents submitted in connection with the Brach Plaintiffs' motion for class certification are EXTENDED to two weeks after any reply is filed. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
May 21, 2019 Filing 360 JOINT LETTER MOTION for Extension of Time re: sealing applications addressed to Judge Jesse M. Furman from Stacey J. Rappaport dated 5/21/2019. Document filed by AXA Equitable Life Insurance Company.(Rappaport, Stacey)
May 21, 2019 Opinion or Order Filing 359 MEMO ENDORSEMENT on re: #358 Letter filed by Brach Family Foundation, Inc., Malcolm Currie, Allen Dyer. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to maintain the filing at Docket No. 354-7 under seal permanently. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/21/2019) (ne) Transmission to Sealed Records Clerk for processing.
May 20, 2019 Filing 358 LETTER addressed to Judge Jesse M. Furman from Rohit D. Nath dated 5/20/19 re: exhibit 7 to Nath declaration. Document filed by Brach Family Foundation, Inc., Malcolm Currie, Allen Dyer.(Nath, Rohit)
May 20, 2019 Filing 357 DECLARATION of Rohit D. Nath in Support re: #352 MOTION to Certify Class .. Document filed by Brach Family Foundation, Inc., Malcolm Currie, Allen Dyer. (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, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48)(Nath, Rohit)
May 20, 2019 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #355 Proposed Order was reviewed and approved as to form. (km)
May 17, 2019 Filing 356 NOTICE of of Sealed Filing re: #354 Declaration in Support of Motion,,,, #353 Memorandum of Law in Support of Motion. Document filed by Brach Family Foundation, Inc., Malcolm Currie, Allen Dyer. (Sklaver, Steven)
May 17, 2019 Filing 355 PROPOSED ORDER. Document filed by Brach Family Foundation, Inc., Malcolm Currie, Allen Dyer. Related Document Number: #352 . (Sklaver, Steven) Proposed Order to be reviewed by Clerk's Office staff.
May 17, 2019 Filing 354 DECLARATION of Rohit D. Nath in Support re: #352 MOTION to Certify Class .. Document filed by Brach Family Foundation, Inc., Malcolm Currie, Allen Dyer. (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, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48)(Nath, Rohit)
May 17, 2019 Filing 353 MEMORANDUM OF LAW in Support re: #352 MOTION to Certify Class . . Document filed by Brach Family Foundation, Inc., Malcolm Currie, Allen Dyer. (Sklaver, Steven)
May 17, 2019 Filing 352 MOTION to Certify Class . Document filed by Brach Family Foundation, Inc., Malcolm Currie, Allen Dyer.(Sklaver, Steven)
May 10, 2019 Filing 351 NOTICE OF APPEARANCE by Hugh Daniel Sandler on behalf of AXA Equitable Life Insurance Company. Filed In Associated Cases: 1:16-cv-00740-JMF, 1:17-cv-07751-JMF(Sandler, Hugh)
May 2, 2019 Opinion or Order Filing 350 ORDER granting #349 Letter Motion for Extension of Time to Complete Discovery. Application GRANTED. The proposed modified schedule is adopted. The pretrial conference previously scheduled for September 4, 2019 is hereby ADJOURNED to September 18, 2019 at 3:30 p.m. The Clerk of Court is directed to terminate 16cv740, Docket No. 349; 17cv4767, Docket No. 323; 17cv4803, Docket No. 176; 17cv9355, Docket No. 148; 18cv2111, Docket No. 230; and 18cv10730, Docket No. 49; and to docket this endorsed letter in each of those actions. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/2/2019) (ne)
May 2, 2019 Set/Reset Deadlines: (Expert Discovery due by 9/5/2019. Motions due by 5/17/2019. Responses due by 7/1/2019. Replies due by 8/8/2019.) Set/Reset Hearings: (Pretrial Conference set for 9/18/2019 at 03:30 PM before Judge Jesse M. Furman.) (ne)
May 1, 2019 Filing 349 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Jesse M. Furman from Dorit Ungar Black dated May 1, 2019. Document filed by LSH CO, LSH II CO, Wells Fargo Bank, National Association, as securities intermediary for LSH CO, Wells Fargo Bank, National Association, as securities intermediary for LSH II CO.(Black, Dorit)
April 18, 2019 Filing 348 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 4/8/19 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)
April 18, 2019 Filing 347 TRANSCRIPT of Proceedings re: conference held on 4/8/2019 before Judge Jesse M. Furman. 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 5/9/2019. Redacted Transcript Deadline set for 5/20/2019. Release of Transcript Restriction set for 7/17/2019.(McGuirk, Kelly)
April 8, 2019 Minute Entry for proceedings held before Judge Jesse M. Furman: Pretrial Conference held on 4/8/2019. Court Reporter present. --See Transcript. Associated Cases: 1:16-cv-00740-JMF, 1:17-cv-07751-JMF(wv)
April 8, 2019 Opinion or Order Filing 346 ORDER: This Court held a pre-trial conference on April 8, 2019 in the related civil actions listed on Schedule A attached hereto (the "Related Actions"). This Order memorializes this Court's orders at the conference. It is hereby ORDERED that: As Defendant informed the Court on the record at a pretrial conference held today that it no longer opposes Plaintiffs' motion to substitute LSH CO for both LSH CO and LSH II CO - Docket No. 155 in 18-CV-2111 - that motion is GRANTED as unopposed. Defendant's motion to compel non-party Maple Life Analytics, LLC (MLA) to produce certain documents, Docket No. 306 in 17-CV-4767, and Defendant's motion to compel Plaintiff EFG to produce certain documents, Docket No. 309 in 17-CV-4767, are each GRANTED to the extent discussed and for the reasons given on the record at the pre-trial conference held today; furthermore, as discussed, MLA and EFG shall each produce any responsive documents by April 11, 2019. Defendant's motion to compel Reid Johnson's availability for a continuation of his deposition, Docket No. 40 in 18-CV-10730, is GRANTED to the extent discussed and for the reasons given on the record at the pre-trial conference held today; accordingly, Mr. Johnson shall sit for an additional three hours of deposition time on one of the dates agreed to by the parties. Defendant shall respond to Plaintiffs' requests regarding the policy-level data discussed in the parties' joint pre-conference letter and at the conference held today no later than April 15, 2019. In addition, AXA shall produce the state-court privilege logs discussed on the record today to the Brach Plaintiffs by April 11, 2019. The parties shall appear for a pre-trial conference on September 4, 2019, at 3:30 p.m. Accordingly, the parties' joint pre-conference letter is due by Thursday, August 29, 2019. As discussed on the record today, that pre-conference letter shall propose a structure and schedule for summary judgment briefing with a view to minimizing duplicative briefing. The Clerk of Court is directed to terminate LSH II CO as a Defendant in 18-CV-2111, along with the following docket entries: 17-CV-4767, Docket Nos. 306 and 30918-CV-2111, Docket No. 155; and 18-CV-10730, Docket No. 40. SO ORDERED. (Pretrial Conference set for 9/4/2019 at 03:30 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 4/8/2019) (ne)
April 4, 2019 Filing 345 JOINT LETTER addressed to Judge Jesse M. Furman from Robert C. Hora dated April 4, 2019 re: Status of Related Actions. Document filed by AXA Equitable Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hora, Robert)
March 27, 2019 Opinion or Order Filing 344 MEMORANDUM OPINION AND ORDER re: (65 in 1:18-cv-02111-JMF) MOTION to Dismiss Motion for Partial Dismissal of the Second Amended Complaint filed by AXA Equitable Life Insurance Company. In short, AXA's motion to dismiss is GRANTED with respect to Plaintiffs' common-law fraud claims under the laws of Alabama and Pennsylvania and their claims under the CCPA, the ICFA, and the MCFA, and otherwise DENIED. Under other circumstances, the Court might well have granted Plaintiffs leave to amend to address the defects in the CCPA, the ICFA but the Court declines to do so here for several reasons. The Clerk of Court is directed to terminate 18-CV-2111, Docket No. 65. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/27/2019) (ne)
March 25, 2019 Filing 343 LETTER addressed to Judge Jesse M. Furman from Robert C. Hora dated March 25, 2019 re: Court's March 22, 2019 Order (ECF No. 342). Document filed by AXA Equitable Life Insurance Company. (Attachments: #1 Exhibit 1)(Hora, Robert)
March 22, 2019 Opinion or Order Filing 342 ORDER re: #338 Notice of Sealed Filing filed by AXA Equitable Life Insurance Company. In light of the fact that no party filed a letter brief justifying redaction, AXA shall file an unredacted copy of Exhibit B on ECF by March 25, 2019. See Docket No. #212 . SO ORDERED. (Signed by Judge Jesse M. Furman on 3/22/2019) (Text Only Order) (Furman, Jesse)
March 22, 2019 Opinion or Order Filing 341 ORDER granting in part and denying in part #337 Letter Motion to Compel. No later than March 26, 2019, Mr. Perlmutter shall produce any and all responsive documents from the "Delt Hardware" account. In light of the document submitted by Plaintiffs' counsel at Docket No. [339-1], however, the motion is denied to the extent that it seeks documents concerning the rabbinical court proceeding. No later than 1 p.m. TODAY, AXA shall electronically serve a copy of this Order on counsel to Mr. Perlmutter. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
March 21, 2019 Filing 340 SEALED DOCUMENT placed in vault.(rz)
March 19, 2019 Filing 339 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Rohit D. Nath dated March 19, 2019 re: #337 LETTER MOTION to Compel Leon Perlmutter to produce documents responsive to AXA Equitable's Rule 45 subpoena, dated March 15, 2018 addressed to Judge Jesse M. Furman from Robert C. Hora dated March 18, 2019. . Document filed by Brach Family Foundation, Inc.. (Attachments: #1 Exhibit A)(Nath, Rohit)
March 18, 2019 Filing 338 NOTICE of Sealed Filing re: #337 LETTER MOTION to Compel Leon Perlmutter to produce documents responsive to AXA Equitable's Rule 45 subpoena, dated March 15, 2018 addressed to Judge Jesse M. Furman from Robert C. Hora dated March 18, 2019.. Document filed by AXA Equitable Life Insurance Company. (Hora, Robert)
March 18, 2019 Filing 337 LETTER MOTION to Compel Leon Perlmutter to produce documents responsive to AXA Equitable's Rule 45 subpoena, dated March 15, 2018 addressed to Judge Jesse M. Furman from Robert C. Hora dated March 18, 2019. Document filed by AXA Equitable Life Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hora, Robert)
March 18, 2019 Opinion or Order Filing 336 ENDORSED LETTER addressed to Judge Jesse M. Furman from Khai LeQuang dated 3/14/2019 re: Letter-Motion Requesting Documents Provisionally Filed Under Seal Remain Filed Under Seal. ENDORSEMENT: Application GRANTED as to the exhibits at issue, but DENIED as to AXA's letter motion as the Court sees no justification for the proposed redactions to the letter. AXA shall promptly refile an unredacted copy of its letter motion (as an ordinary letter, not as a new letter motion) and, if it has not done so already, shall file unredacted copies of the relevant exhibits with the Sealed Records Department. The Clerk of Court is directed to terminate Docket No. 273. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/18/2019) (rro) Transmission to Sealed Records Clerk for processing.
March 7, 2019 Filing 335 JOINT LETTER addressed to Judge Jesse M. Furman from Khai LeQuang dated 3/7/2019 re: Plaintiffs Joint Syatus Letter. Document filed by DLP Master Trust, DLP Master Trust II, DLP Master Trust III, EFG Bank AG, Cayman Branch, GWG DLP Master Trust, Greenwich Settlements Master Trust, Life Funding Trust, PF Participation Funding Trust, Palm Beach Settlement Company, Wells Fargo Bank, National Association as securities intermediary for EFG Bank AG, Cayman Branch. (Attachments: #1 1, #2 Exhibit 2)(LeQuang, Khai)
March 1, 2019 Filing 334 NOTICE OF CHANGE OF ADDRESS by Andrea Gail Hood on behalf of AXA Equitable Life Insurance Company. New Address: Milbank LLP, 55 Hudson Yards, New York, New York, USA 10001, 212-530-5000. (Hood, Andrea)
March 1, 2019 Filing 333 NOTICE OF CHANGE OF ADDRESS by Stacey Jill Rappaport on behalf of AXA Equitable Life Insurance Company. New Address: Milbank LLP, 55 Hudson Yards, New York, New York, USA 10001, 212-530-5000. (Rappaport, Stacey)
March 1, 2019 Filing 332 NOTICE OF CHANGE OF ADDRESS by Robert Charles Hora on behalf of AXA Equitable Life Insurance Company. New Address: Milbank LLP, 55 Hudson Yards, New York, New York, USA 10001, 212-530-5000. (Hora, Robert)
March 1, 2019 Filing 331 NOTICE OF CHANGE OF ADDRESS by David Robert Gelfand on behalf of AXA Equitable Life Insurance Company. New Address: Milbank LLP, 55 Hudson Yards, New York, New York, USA 10001, 212-530-5000. (Gelfand, David)
March 1, 2019 Filing 330 NOTICE OF CHANGE OF ADDRESS by Scott Alexander Edelman on behalf of AXA Equitable Life Insurance Company. New Address: Milbank LLP, 55 Hudson Yards, New York, New York, USA 10001,. (Edelman, Scott)
March 1, 2019 Filing 329 NOTICE OF CHANGE OF ADDRESS by Stacey Jill Rappaport on behalf of AXA Equitable Life Insurance Company. New Address: Milbank LLP, 55 Hudson Yards, New York, New York, USA 10001, 212-530-5000. (Rappaport, Stacey)
February 7, 2019 Filing 328 JOINT LETTER addressed to Judge Jesse M. Furman from Andrei Vrabie dated February 7, 2019 re: Status of Discovery. Document filed by LSH CO, LSH II CO, Wells Fargo Bank, National Association, as securities intermediary for LSH CO, Wells Fargo Bank, National Association, as securities intermediary for LSH II CO. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Vrabie, Andrei)
January 7, 2019 Filing 327 JOINT LETTER addressed to Judge Jesse M. Furman from Andrei Vrabie dated January 7, 2019 re: Status of Discovery. Document filed by LSH CO, LSH II CO, Wells Fargo Bank, National Association, as securities intermediary for LSH CO, Wells Fargo Bank, National Association, as securities intermediary for LSH II CO. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Vrabie, Andrei)
January 7, 2019 Opinion or Order Filing 326 ORDER: Counsel has advised the Court that an exhibit attached to Docket No. 314 contains information whose redaction the Court later approved (Docket No. 321). Accordingly, the Clerk of Court is directed to strike Docket No. 314-1; that is, to leave the docket entry itself, but to render the currently hyperlinked documents inoperable or unavailable. AXA shall promptly refile the letter-motion at Docket No. 314, and the exhibit at Docket No. 314-1, in accordance with the protective order and the Court's rules for filing materials under seal and/or in redacted form. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/7/2019) (Text Only Order) (Furman, Jesse)
January 4, 2019 Filing 325 LETTER addressed to Judge Jesse M. Furman from Rohit D. Nath dated January 4, 2019 re: Redacted Copy of Exhibit 2 to Plaintiffs' Motion to Compel Third Party PwC to Produce Documents. Document filed by Brach Family Foundation, Inc., Malcolm Currie, Allen Dyer. (Attachments: #1 Exhibit 2 - Redacted)(Nath, Rohit)
January 4, 2019 Filing 324 SEALED DOCUMENT placed in vault.(rz)
January 3, 2019 Filing 323 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/18/18 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 3, 2019 Filing 322 TRANSCRIPT of Proceedings re: CONFERNECE held on 12/18/2018 before Judge Jesse M. Furman. Court Reporter/Transcriber: Kelly Surina, (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 1/24/2019. Redacted Transcript Deadline set for 2/4/2019. Release of Transcript Restriction set for 4/3/2019.(McGuirk, Kelly)
January 2, 2019 Opinion or Order Filing 321 ENDORSED LETTER addressed to Judge Jesse M. Furman from Lawrence H. Cooke II dated 12/21/2018 re: To avoid any potential confusion, PwC adopts the proposed redactions to Exhibit 2 that it understands AXA submitted to the Court on December 18. ENDORSEMENT: Application GRANTED. The Brach Plaintiffs shall file an unredacted copy of Exhibit 2 with the Sealed Records Department (if they haven't already) and shall publicly file a copy with the redactions previously approved (see Docket Nos. 314-15) and the redactions proposed here. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/2/2019) (ne)
December 20, 2018 Filing 320 LETTER addressed to Judge Jesse M. Furman from Rohit Nath dated 12/13/18 re: Unredacted Copy of 12/13/18 Letter Motion and Exhibits 1, 3 & 4. Document filed by Brach Family Foundation, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 3, #3 Exhibit 4)(Nath, Rohit)
December 20, 2018 Opinion or Order Filing 319 ORDER granting #318 Letter Motion for Extension of Time. The deadline for AXA to propose dates or confirm that AXA will not represent at deposition the two former employees is hereby EXTENDED to January 4, 2019. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
December 20, 2018 Filing 318 LETTER MOTION for Extension of Time re Deposition Dates for Former Employees addressed to Judge Jesse M. Furman from Robert C. Hora dated December 20, 2018. Document filed by AXA Equitable Life Insurance Company.(Hora, Robert)
December 20, 2018 Opinion or Order Filing 317 ORDER denying without prejudice to renewal by formal motion #304 Letter Motion for Local Rule 37.2 Conference; terminating #309 Letter Motion for Extension of Time. The Court DENIES, without prejudice to renew, the letter-motion filed by Plaintiffs in the Brach Action ("Brach Plaintiffs") on December 13, 2018 regarding PricewaterhouseCoopers LLP's withholding of certain attachments. See Docket. No. 304. The Court GRANTS in part and DENIES in part the letter-motion to compel regarding search terms and responsiveness criteria filed by Defendant AXA Equitable Life Insurance Company ("AXA") on December 13, 2018. 18-CV-2111, Docket No. 140. The Court DENIES in part and GRANTS in part the letter-motion to compel regarding ESI custodians filed by AXA on December 13, 2018 and re-filed on December 14, 2018. 18-CV-2111, Docket No. 145. Deadline for completion of fact discovery (Paragraph 8(b)) 4/5/2019. Deadline for completion of fact witness depositions (Paragraph 8(c)) 4/5/2019. Last day to file motion for class certification (Paragraph 21) 5/3/2019. Deadline for completion of expert discovery (Paragraph 8(c)) 8/22/2019. Except for those Former Employees for which AXA has obtained a reasonable extension of time to provide deposition dates, Plaintiffs shall bring any motion regarding deposition scheduling for the Current and Former Employees on or before December 27, 2018, and AXA shall file its opposition on or before December 28, 2018. The Court shall hold the next pre-trial conference on April 8 at 3:00 pm. The parties' pre-conference joint letter is due no later than Thursday, April 4, 2019. The Clerk of Court is directed to terminate the following docket entries: 16-CV-740, Docket Nos. 304 and 309; 17-CV-4767, Docket No. 259; 17-CV-4803, Docket No. 168; 17-CV-9355, Docket No. 140; 18-CV-2111, Docket Nos. 138, 140, 145, and 147; and 18-CV-10730, Docket No. 25. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/20/2018) (ne)
December 20, 2018 Filing 316 PROPOSED ORDER. Document filed by AXA Equitable Life Insurance Company. (Hora, Robert) Proposed Order to be reviewed by Clerk's Office staff.
December 20, 2018 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #316 Proposed Order was reviewed and approved as to form. (km)
December 20, 2018 Set/Reset Deadlines: (Deposition due by 4/5/2019. Expert Discovery due by 8/22/2019. Fact Discovery due by 4/5/2019. Motions due by 5/3/2019. Responses due by 12/28/2018) Set/Reset Hearings: (Pretrial Conference set for 4/8/2019 at 03:00 PM before Judge Jesse M. Furman.) (ne)
December 19, 2018 Opinion or Order Filing 315 ORDER granting #314 Motion to Seal Documents. Defendant shall file unredacted versions of the relevant documents with the Sealed Records Department. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
December 18, 2018 Minute Entry for proceedings held before Judge Jesse M. Furman: Pretrial Conference held on 12/18/2018. Court reporter present. --See transcript. Associated Cases: 1:16-cv-00740-JMF, 1:17-cv-07751-JMF(wv)
December 18, 2018 Filing 314 LETTER MOTION to Seal Document #304 LETTER MOTION for Local Rule 37.2 Conference re PwC's withholding of attachments addressed to Judge Jesse M. Furman from Rohit D. Nath dated December 13, 2018. addressed to Judge Jesse M. Furman from Stacey J. Rappaport dated December 18, 2018. Document filed by AXA Equitable Life Insurance Company. (Attachments: #1 Exhibit 1)(Rappaport, Stacey)
December 18, 2018 Filing 313 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Lawrence H. Cooke II dated December 18, 2018 re: #304 LETTER MOTION for Local Rule 37.2 Conference re PwC's withholding of attachments addressed to Judge Jesse M. Furman from Rohit D. Nath dated December 13, 2018. . Document filed by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Cooke, Lawrence)
December 18, 2018 Filing 312 NOTICE of Sealed Filing re: #311 Response in Opposition to Motion,. Document filed by AXA Equitable Life Insurance Company. (Rappaport, Stacey)
December 18, 2018 Filing 311 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Stacey J. Rappaport dated December 18, 2018 re: #304 LETTER MOTION for Local Rule 37.2 Conference re PwC's withholding of attachments addressed to Judge Jesse M. Furman from Rohit D. Nath dated December 13, 2018. . Document filed by AXA Equitable Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Rappaport, Stacey)
December 15, 2018 Filing 310 LETTER addressed to Judge Jesse M. Furman from Rohit D. Nath dated December 15, 2018 re: AXA's Letter Motion for an Extension of Time of the Deadlines in the Case Management Order. Document filed by Brach Family Foundation, Inc., Malcolm Currie, Allen Dyer.(Nath, Rohit)
December 14, 2018 Filing 309 LETTER MOTION for Extension of Time of the Deadlines in the Case Management Order addressed to Judge Jesse M. Furman from Stacey J. Rappaport dated December 14, 2018. Document filed by AXA Equitable Life Insurance Company.(Rappaport, Stacey)
December 14, 2018 Filing 308 CERTIFICATE OF SERVICE of Letter Motion (dkt 304) & Order (dkt 306) served on PriceWaterhouseCoopers on 12/13/18 & 12/14/18 respectively. Document filed by Brach Family Foundation, Inc.. (Nath, Rohit)
December 13, 2018 Filing 307 JOINT LETTER addressed to Judge Jesse M. Furman from Robert C. Hora dated 12/13/2018 re: Status of Related Actions. Document filed by AXA Equitable Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hora, Robert)
December 13, 2018 Opinion or Order Filing 306 ORDER with respect to #304 Letter Motion for Local Rule 37.2 Conference. Plaintiffs shall serve a copy of their motion and this Order on PricewaterhouseCoopers LLP ("PwC") and file proof of such service by tomorrow, December 14, 2018. Any opposition to the letter motion - by PwC or otherwise - shall be filed by December 18, 2018, at noon. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
December 13, 2018 Filing 305 NOTICE of Sealed Filing re: #304 LETTER MOTION for Local Rule 37.2 Conference re PwC's withholding of attachments addressed to Judge Jesse M. Furman from Rohit D. Nath dated December 13, 2018.. Document filed by Brach Family Foundation, Inc., Malcolm Currie. (Nath, Rohit)
December 13, 2018 Filing 304 LETTER MOTION for Local Rule 37.2 Conference re PwC's withholding of attachments addressed to Judge Jesse M. Furman from Rohit D. Nath dated December 13, 2018. Document filed by Brach Family Foundation, Inc., Malcolm Currie. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Nath, Rohit)
December 13, 2018 Opinion or Order Filing 303 ORDER granting in part and denying in part #296 Letter Motion to Compel. Given the representations in #302 the letter submitted on behalf of Mr. Perlmutter - namely, that he has produced all responsive materials and that the dispute concerning redactions has been (or soon will be) resolved - AXA's motion is denied as moot to the extent it seeks the production of documents. By contrast, the motion is granted to the extent that it seeks an order compelling Mr. Perlmutter to provide dates when he would be available to sit for a deposition. In light of Plaintiff's claims in this case, the Court agrees with #301 AXA that such a deposition is appropriate. Accordingly, no later than December 17, 2018, counsel for Mr. Perlmutter shall provide AXA with dates between now and January 18, 2019, when Mr. Perlmutter would be available to sit for a deposition. One final note: Neither the Court's Individual Rules nor the Case Management Plan allow the parties to file a reply in support of a letter motion raising a discovery dispute. In this instance, AXA is granted leave, nunc pro tunc, to file #301 its reply. But going forward, the Court notes that any party seeking to file a reply in connection with a discovery dispute must first obtain leave from the Court to do so. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
December 13, 2018 Filing 302 LETTER addressed to Judge Jesse M. Furman from Samuel Katz dated December 13, 2018 re: Response to Letter Motion of Defendant AXA Equitable Life Ins. Co. to Compel Discovery. Document filed by Leon Perlmutter.(Katz, Samuel)
December 12, 2018 Filing 301 LETTER addressed to Judge Jesse M. Furman from Robert C. Hora dated 12/12/2018 re: Response to Plaintiffs' Letter to the Court, dated December 11, 2018. Document filed by AXA Equitable Life Insurance Company. (Attachments: #1 Exhibit 1)(Hora, Robert)
December 11, 2018 Filing 300 LETTER addressed to Judge Jesse M. Furman from Rohit D. Nath dated December 11, 2018 re: AXA's Letter Motion to Compel L. Perlmutter to Comply with Rule 45 Subpoena. Document filed by Brach Family Foundation, Inc., Malcolm Currie, Allen Dyer. (Attachments: #1 Exhibit 1)(Nath, Rohit)
December 7, 2018 Filing 299 JOINT LETTER addressed to Judge Jesse M. Furman from Khai LeQuang dated December 7, 2018 re: re: Status of Discovery. Document filed by DLP Master Trust, DLP Master Trust II, DLP Master Trust III, EFG Bank AG, Cayman Branch, GWG DLP Master Trust, Greenwich Settlements Master Trust, Life Funding Trust, PF Participation Funding Trust, Palm Beach Settlement Company, Wells Fargo Bank, National Association as securities intermediary for EFG Bank AG, Cayman Branch. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(LeQuang, Khai)
December 7, 2018 Filing 298 JOINT LETTER addressed to Judge Jesse M. Furman from Robert C. Hora dated December 7, 2018 re: Court's November 30, 2018 Order, Brach ECF No. 292. Document filed by AXA Equitable Life Insurance Company.(Hora, Robert)
December 6, 2018 Filing 297 NOTICE of Sealed Filing re: #296 LETTER MOTION to Compel Leon Perlmutter to Comply with a Rule 45 Subpoena addressed to Judge Jesse M. Furman from Robert C. Hora dated December 6, 2018.. Document filed by AXA Equitable Life Insurance Company. (Hora, Robert)
December 6, 2018 Filing 296 LETTER MOTION to Compel Leon Perlmutter to Comply with a Rule 45 Subpoena addressed to Judge Jesse M. Furman from Robert C. Hora dated December 6, 2018. Document filed by AXA Equitable Life Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hora, Robert)
December 6, 2018 ***DELETED DOCUMENTS. Deleted document number [289; 290] Transcript; Notice of Filing Transcript. The documents were incorrectly filed in this case. (aea)
December 4, 2018 Opinion or Order Filing 295 ORDER granting #294 Letter Motion for Leave to Participate by Telephone. Counsel is granted leave to participate by telephone in the December 18, 2018 conference. He should contact Chambers at (212) 805-0282 to make the necessary arrangements. The Court disregards the portion of counsel's letter-motion requesting an extension of time, as it appears to have been included in error. SO ORDERED. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
December 4, 2018 Filing 294 LETTER MOTION for Leave to File Motion for Telephonic Appearance at Pretrial Conference addressed to Judge Jesse M. Furman from John N. Wilborn, Esq. dated 12/03/2018. Document filed by John N Croft Irrevocable Trust.(Wilborn, John)
November 30, 2018 Opinion or Order Filing 293 STIPULATION AND ORDER REGARDING TIMING OF DEFENDANT'S RESPONSE TO PLAINTIFFS' FIRST AMENDED COMPLAINT: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS: 1. Subject to the approval of the Court, the deadline for AXA to respond to the Amended Complaint shall be thirty (30) days after the Court issues its ruling on the LSH Motion to Dismiss. 2. Promptly following the Court's decision on the LSH Motion to Dismiss, the Parties shall meet and confer regarding the applicability of the Court's prior rulings in the Related Actions to the claims asserted in the Amended Complaint, while preserving their respective appellate and other rights, and shall prepare and submit for Court approval a proposed Stipulation and Order that minimizes to the extent practicable the need for additional pre-answer motion practice. The Clerk of Court is directed to docket this stipulation and order in 16-CV-740 and 18-CV-10730. (Signed by Judge Jesse M. Furman on 11/30/2018) (ne)
November 30, 2018 Opinion or Order Filing 292 ORDER: The Court has accepted Eunice Peterson Family Partnership LLLP et al. v. AXA Equitable Life Insurance Co., No. 18-CV-10730, as related to the other above-captioned cases. To facilitate coordination and minimize burdens on the Court and the parties, by December 7, 2018, the parties shall file a joint letter on ECF addressing whether and to what extent previous orders in this case among others, the Case Management Plan and Scheduling Order (16-CV-740, Docket No. 128; see also 18-CV-2111, Docket No. 21); protective orders (16-CV-740, Docket No. 104; see also 18-CV-2111, Docket No. 10); and any other orders, schedules, or case specific requirements for these related matters apply to the newly-related case. (Signed by Judge Jesse M. Furman on 11/30/2018) (ne)
November 7, 2018 Filing 291 JOINT LETTER addressed to Judge Jesse M. Furman from Khai LeQuang dated November 7, 2018 re: Status of Discovery. Document filed by DLP Master Trust, DLP Master Trust II, DLP Master Trust III, EFG Bank AG, Cayman Branch, GWG DLP Master Trust, Greenwich Settlements Master Trust, Life Funding Trust, PF Participation Funding Trust, Palm Beach Settlement Company, Wells Fargo Bank, National Association as securities intermediary for EFG Bank AG, Cayman Branch. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(LeQuang, Khai)
November 6, 2018 Filing 288 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 10/25/18 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)
November 6, 2018 Filing 287 TRANSCRIPT of Proceedings re: conference held on 10/25/2018 before Judge Jesse M. Furman. Court Reporter/Transcriber: Samuel Mauro, (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 11/27/2018. Redacted Transcript Deadline set for 12/7/2018. Release of Transcript Restriction set for 2/4/2019.(McGuirk, Kelly)
October 26, 2018 Opinion or Order Filing 286 SCHEDULING ORDER: As discussed on the record at the conference today, the next pretrial conference will be held on Tuesday, December 18, 2018, at 2:45 p.m., in Courtroom 1105 of the Thurgood Marshall United States Courthouse. SO ORDERED. Pretrial Conference set for 12/18/2018 at 02:45 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 10/25/2018) (ne)
October 25, 2018 Minute Entry for proceedings held before Judge Jesse M. Furman: Conference held on 10/25/2018. Court reporter present. -- See transcript. (ab)
October 22, 2018 Filing 285 JOINT LETTER addressed to Judge Jesse M. Furman from Robert C. Hora dated 10/18/2018 re: Status of Related Actions (with Corrected Appendix A). Document filed by AXA Equitable Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hora, Robert)
October 18, 2018 Opinion or Order Filing 284 SCHEDULING ORDER: On October 18, 2018, the Court became aware that there may be some misunderstanding regarding the date of next week's conference. To clarify, the conference will be held on Thursday, October 25, 2018, at 3:00 p.m., in Courtroom 1105 of the Thurgood Marshall United States Courthouse. SO ORDERED. (Pretrial Conference set for 10/25/2018 at 03:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman). (Signed by Judge Jesse M. Furman on 10/18/2018). Entry in cases 17cv740, 17cv4803, 17cv4767, 18cv2111, 17cv9355 only (setting pretrial conference), as per Chambers. (rjm)
October 18, 2018 Filing 283 JOINT LETTER addressed to Judge Jesse M. Furman from Robert C. Hora dated 10/18/2018 re: Status of Related Actions. Document filed by AXA Equitable Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hora, Robert)
October 15, 2018 Filing 282 LETTER addressed to Judge Jesse M. Furman from Rohit Nath dated 10/9/18 re: Copy of Unsealed Exhibits 3-6 to 10/9/18 Letter Motion Pursuant to 10/15/18 Order. Document filed by Brach Family Foundation, Inc.. (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6)(Nath, Rohit)
October 15, 2018 Opinion or Order Filing 281 ORDER denying in part, denying without prejudice to renewal in part #275 Letter Motion for Discovery. Based on the representations in AXA's letter response (16-CV-740, Docket No. 278), the Court concludes that there is no basis at this time to second guess AXA's invocation of the attorney-client privilege or the work-product doctrine as to the documents at issue. Accordingly, Plaintiffs' letter motion is denied to the extent it seeks disclosure of those documents. Plaintiffs' letter motion is also denied to the extent that it seeks a more detailed privilege log, albeit without prejudice to renewal after the parties have met and conferred with respect to any request by Plaintiffs to supplement or amend the categories in question. (See 16-CV-740, Docket No. 278, at 3 (proposing such a meet-and-confer)). The Clerk of Court is directed to docket this endorsed letter in all the related cases cited above and to terminate the letter motions for discovery filed in those cases on October 9, 2018. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/15/2018) (ne)
October 15, 2018 Opinion or Order Filing 280 ORDER granting #279 Motion to Seal Document. Application GRANTED. The Clerk of Court is directed to file this in all the related cases and to terminate the motion to seal filed in each case on October 12, 2018. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/15/2018) (ne)
October 12, 2018 Filing 279 LETTER MOTION to Seal Document #275 LETTER MOTION for Discovery addressed to Judge Jesse M. Furman from Rohit Nath dated 10/9/18. addressed to Judge Jesse M. Furman from Robert C. Hora dated October 12, 2018. Document filed by AXA Equitable Life Insurance Company. (Attachments: #1 Exhibit 1)(Hora, Robert)
October 12, 2018 Filing 278 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Robert C. Hora dated October 12, 2018 re: #275 LETTER MOTION for Discovery addressed to Judge Jesse M. Furman from Rohit Nath dated 10/9/18. . Document filed by AXA Equitable Life Insurance Company. (Hora, Robert)
October 9, 2018 Filing 277 JOINT LETTER addressed to Judge Jesse M. Furman from Khai LeQuang dated October 9, 2018 re: Status of Discovery. Document filed by DLP Master Trust, DLP Master Trust II, DLP Master Trust III, EFG Bank AG, Cayman Branch, GWG DLP Master Trust, Greenwich Settlements Master Trust, Life Funding Trust, PF Participation Funding Trust, Palm Beach Settlement Company, Wells Fargo Bank, National Association as securities intermediary for EFG Bank AG, Cayman Branch. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(LeQuang, Khai)
October 9, 2018 Filing 276 NOTICE of of Sealed/Redacted Filing re: #275 LETTER MOTION for Discovery addressed to Judge Jesse M. Furman from Rohit Nath dated 10/9/18.. Document filed by Brach Family Foundation, Inc.. (Nath, Rohit)
October 9, 2018 Filing 275 LETTER MOTION for Discovery addressed to Judge Jesse M. Furman from Rohit Nath dated 10/9/18. Document filed by Brach Family Foundation, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Nath, Rohit)
September 27, 2018 Filing 274 JOINT LETTER addressed to Judge Jesse M. Furman from Robert C. Hora dated 9/27/2018 re: Mediation. Document filed by AXA Equitable Life Insurance Company.(Hora, Robert)
September 10, 2018 Filing 273 NOTICE OF APPEARANCE by Andrei Vrabie on behalf of LSH CO, LSH II CO, Wells Fargo Bank, National Association, as securities intermediary for LSH CO, Wells Fargo Bank, National Association, as securities intermediary for LSH II CO. Filed In Associated Cases: 1:16-cv-00740-JMF, 1:17-cv-07751-JMF(Vrabie, Andrei)
September 10, 2018 Filing 272 NOTICE OF APPEARANCE by Jayme Alyse Jonat on behalf of LSH CO, LSH II CO, Wells Fargo Bank, National Association, as securities intermediary for LSH CO, Wells Fargo Bank, National Association, as securities intermediary for LSH II CO. Filed In Associated Cases: 1:16-cv-00740-JMF, 1:17-cv-07751-JMF(Jonat, Jayme)
September 10, 2018 Filing 271 NOTICE OF APPEARANCE by Daniel Peter Goldberg on behalf of LSH CO, LSH II CO, Wells Fargo Bank, National Association, as securities intermediary for LSH CO, Wells Fargo Bank, National Association, as securities intermediary for LSH II CO. Filed In Associated Cases: 1:16-cv-00740-JMF, 1:17-cv-07751-JMF(Goldberg, Daniel)
September 10, 2018 Filing 270 NOTICE OF APPEARANCE by Dorit Ungar Black on behalf of LSH CO, LSH II CO, Wells Fargo Bank, National Association, as securities intermediary for LSH CO, Wells Fargo Bank, National Association, as securities intermediary for LSH II CO. Filed In Associated Cases: 1:16-cv-00740-JMF, 1:17-cv-07751-JMF(Black, Dorit)
September 10, 2018 Filing 269 NOTICE OF APPEARANCE by Timothy Wood Grinsell on behalf of LSH CO, LSH II CO, Wells Fargo Bank, National Association, as securities intermediary for LSH CO, Wells Fargo Bank, National Association, as securities intermediary for LSH II CO. Filed In Associated Cases: 1:16-cv-00740-JMF, 1:17-cv-07751-JMF(Grinsell, Timothy)
September 7, 2018 Filing 268 JOINT LETTER addressed to Judge Jesse M. Furman from Rohit D. Nath dated 9/7/2018 re: Status of Discovery. Document filed by Brach Family Foundation, Inc., Malcolm Currie, Allen Dyer. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Nath, Rohit)
September 7, 2018 Filing 267 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #268 Letter) - JOINT LETTER addressed to Judge Jesse M. Furman from Rohit D. Nath dated 9/7/2018 re: Status of Discovery. Document filed by Brach Family Foundation, Inc., Malcolm Currie, Allen Dyer. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Nath, Rohit) Modified on 9/10/2018 (db).
September 7, 2018 Filing 266 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #269 Notice) - NOTICE OF APPEARANCE by Timothy Wood Grinsell on behalf of LSH CO, LSH II CO, WELLS FARGO BANK, NATIONAL ASSOCIATION. (Grinsell, Timothy) Modified on 9/10/2018 (db). Incorrectly added consolidated plaintiffs removed as per ecf_error email correspondence received on 9/10/2018 @ 11:52am. Document #269 was filed to correct this deficiency.
August 28, 2018 Opinion or Order Filing 265 MEMO ENDORSEMENT on re: (264 in 1:16-cv-00740-JMF) Letter filed by AXA Equitable Life Insurance Company. ENDORSEMENT: SO ORDERED. The Clerk of Court is directed to docket this in 16-CV-740 and all member cases. (Signed by Judge Jesse M. Furman on 8/28/2018) (ne)
August 27, 2018 Filing 264 JOINT LETTER addressed to Judge Jesse M. Furman from Robert C. Hora dated August 27, 2018 re: Mediation. Document filed by AXA Equitable Life Insurance Company.(Hora, Robert)
August 10, 2018 Filing 263 NOTICE OF APPEARANCE by Larry Howard Krantz on behalf of AXA Equitable Life Insurance Company. (Krantz, Larry)
August 7, 2018 Filing 262 JOINT LETTER addressed to Judge Jesse M. Furman from Rohit D. Nath dated August 7, 2018 re: Status of Discovery. Document filed by Brach Family Foundation, Inc., Malcolm Currie, Allen Dyer. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Nath, Rohit)
July 30, 2018 Opinion or Order Filing 261 MEMORANDUM OPINION AND ORDER re: #146 MOTION for Reconsideration re; #135 Memorandum & Opinion. filed by AXA Equitable Life Insurance Company. In light of the foregoing, the Court need not and does not reach AXA's other arguments. Specifically, the Court declines to revisit its decision to defer judgment on whether the Brach Foundation can pursue a Section 4226 claim with respect to interrogatories it submitted to regulators and whether there is a private right of action under New York State Insurance Department Regulation 74. As the Court previously held, those issues do not "affect the bottom line" because "the Brach Foundation's Section 4226 claim... survive[s]." (Opinion 3). For the foregoing reasons, AXA's motion for reconsideration is DENIED. The Clerk of Court is directed to terminate 16-CV-740, Docket No. 146. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/30/2018) (ne)
July 30, 2018 ***DELETED DOCUMENT. Deleted document number [MEMORANDUM OPINION AND ORDER] 262. The document was incorrectly filed in this case. (ne)
July 27, 2018 Opinion or Order Filing 260 MEMO ENDORSEMENT on re: (258 in 1:16-cv-00740-JMF) Letter, filed by AXA Equitable Life Insurance Company, (142 in 1:17-cv-04803-JMF) Letter, filed by AXA Equitable Life Insurance Company, (221 in 1:17-cv-04767-JMF) Letter, filed by AXA Equitable Life Insurance Company, (109 in 1:17-cv-09355-JMF) Letter, filed by AXA Equitable Life Insurance Company, (107 in 1:18-cv-02111-JMF) Letter, filed by AXA Equitable Life Insurance Company. ENDORSEMENT: AXA's request for an extension of the deadlines is GRANTED and the proposed new deadlines listed below are adopted. Further: (i) the parties shall continue to schedule depositions over the next several months; and (ii) no later than August 6, 2018, the parties shall substantially complete all outstanding document requests that are not in dispute, except for Plaintiffs' recently served Ninth Set of Joint Requests for the Production of Documents, for which the substantial completion deadline is September 14, 2018, with AXA making productions in response to such Ninth Set of Joint Requests on a rolling basis. The Clerk of Court is directed to docket this in 16-CV-740 and all member cases. SO ORDERED. (Expert Discovery due by 7/8/2019. Fact Discovery due by 2/19/2019. Motions due by 3/19/2019.) (Signed by Judge Jesse M. Furman on 7/26/2018) (ne)
July 27, 2018 Opinion or Order Filing 259 STIPULATION AND ORDER GOVERNING EXPERT DISCOVERY: Plaintiffs1 and Defendant AXA Equitable Life Insurance Company (each a "Party"; collectively, the "Parties") in the above-captioned related actions (the "Actions") hereby stipulate and agree, through their undersigned counsel, subject to the approval of the Court, that the following provisions shall govern discovery in connection with testifying expert witnesses in this action: 1. The scope of discovery relating to and examination (at depositions or at trial) of testifying expert witnesses in this action shall exclude: a. Draft reports, draft studies, draft affidavits, or draft declarations; b. Draft work papers; preliminary or intermediate calculations, computations, estimates, analysis, or data runs; or other preliminary, intermediate, or draft materials prepared by, for, or at the direction of, an expert witness, regardless of the form in which they are recorded, unless the expert relies on any of the foregoing in forming his or her opinions in this matter, and as further set forth in this order. The Order is adopted subject to the parties' understanding put on the record at the conference held earlier today. (Signed by Judge Jesse M. Furman on 7/26/2018) (ne)
July 26, 2018 Minute Entry for proceedings held before Judge Jesse M. Furman: Pretrial Conference held on 7/26/2018. Court reporter present. See transcript. (ab)
July 24, 2018 Filing 258 JOINT LETTER addressed to Judge Jesse M. Furman from Stacey J. Rappaport dated July 24, 2018 re: Status of Related Actions (with Corrected Exhibit 2). Document filed by AXA Equitable Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Rappaport, Stacey)
July 24, 2018 Filing 257 JOINT LETTER addressed to Judge Jesse M. Furman from Stacey J. Rappaport dated July 24, 2018 re: Status of Related Actions. Document filed by AXA Equitable Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Rappaport, Stacey)
July 23, 2018 Filing 256 LETTER addressed to Judge Jesse M. Furman from Rohit Nath dated July 9, 2018 re: Copy of Redacted 7/9/18 Letter Motion and Ex. A pursuant to 7/20/18 Seal Order. Document filed by Brach Family Foundation, Inc.. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:16-cv-00740-JMF, 1:17-cv-07751-JMF(Nath, Rohit)
July 20, 2018 Filing 255 LETTER addressed to Judge Jesse M. Furman from Rohit D. Nath dated July 20, 2018 re: Unredacted Copy of 7/13/18 Letter Motion. Document filed by Brach Family Foundation, Inc., Malcolm Currie, Allen Dyer. (Attachments: #1 Exhibit A, #2 Exhibit B)(Nath, Rohit)
July 20, 2018 Filing 254 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #255 Letter) - JOINT LETTER addressed to Judge Jesse M. Furman from Rohit D. Nath dated July 13, 2018 re: Unredacted Copy of 7/13/18 Letter Motion. Document filed by Brach Family Foundation, Inc., Malcolm Currie, Allen Dyer. (Attachments: #1 Exhibit A, #2 Exhibit B)(Nath, Rohit) Modified on 7/23/2018 (db).
July 20, 2018 Filing 253 LETTER addressed to Judge Jesse M. Furman from Rohit D. Nath dated June 9, 2018 re: Joint Status Letter re Discovery Issues. Document filed by Brach Family Foundation, Inc., Malcolm Currie, Allen Dyer. (Attachments: #1 Exhibit 1)(Nath, Rohit)
July 20, 2018 Opinion or Order Filing 252 ORDER: In advance of the pretrial conference scheduled for July 26, 2018, the parties shall file on ECF by July 24, 2016 at noon, a joint letter, not to exceed three (3) pages, regarding the status of the case and the parties views of what the Court should address at the conference. The letter should include the following information in separate paragraphs: (1) A statement of all existing deadlines, due dates, and/or cut-off dates; (2) A brief description of any outstanding motions; (3) A brief description of the status of discovery and of any additional discovery that needs to be completed; (4) A list of all prior settlement discussions, including the date, the parties involved, and the approximate duration of such discussions, if any; (5) A statement of the anticipated length of trial and whether the case is to be tried to a jury; (6) A statement of whether the parties anticipate filing motions for summary judgment; and (7) Any other issue that the parties would like to address at the pretrial conference or any information that the parties believe may assist the Court in advancing the case to settlement or trial. Further, the parties shall file a similar letter no later than the Thursday prior to any future status conference in this matter. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/20/2018) Filed In Associated Cases: 1:16-cv-00740-JMF, 1:17-cv-07751-JMF(ne)
July 20, 2018 Opinion or Order Filing 251 ORDER granting in part and denying in part #242 Letter Motion for Local Rule 37.2 Conference. Upon review of the parties' letters, the Court sees no need for a conference. The Court agrees with AXA that Plaintiffs' RFP is too ambiguous and vague to respond to "as written." Accordingly, that portion of Plaintiffs' motion is denied, except that AXA shall produce documents relating to any employee known by AXA to have resigned or otherwise ended employment with AXA due in in part or in whole to the pricing of AUL II or the subsequent performance of AUL II. The second part of Plaintiffs' request - to produce the portion of all personnel files describing the performance of former employees involved in the pricing of AUL II - is granted. Although courts grant heightened protections to employee personnel files, the email cited in Plaintiffs' letter provides a good faith basis for the files' production here (even with the affidavit of the email's author submitted by AXA). Further, any confidentiality concern are addressed by the protective order in place. The Clerk of Court is directed to terminate 16-CV-740, Docket No. 242; 17-CV-4767, Docket No. 206; 17-CV-4803, Docket No. 128; 17-CV-9355, Docket No. 95; and 18-CV-2111, Docket No. 91. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/20/2018) (ne)
July 20, 2018 Opinion or Order Filing 250 ORDER granting in part and denying in part #236 Letter Motion for Local Rule 37.2 Conference. Upon review of the parties' letters, the Court sees no need for a conference. Plaintiffs' request for an order compelling AXA to produce the ESI at issue (for the five custodians between February 1, 2016, and June 30, 2016) is GRANTED, as those materials are plainly relevant within the meaning of that term in the context of discovery. The Court intimates no view on whether or to what extent Plaintiffs are entitled to ESI beyond that or on whether the Brach Plaintiffs should produce ESI as well, as those issues have not been briefed. AXA may not redact for relevance, as any sensitive information would presumably be covered by the protective order in this case. The Clerk of Court is directed to terminate 16-CV-740, Docket No. 236; 17-CV-4767, Docket No. 198; 17-CV-4803, Docket No. 122; 17-CV-9355, Docket No. 89; and 18-CV-2111, Docket No. 82. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/20/2018) (anc)
July 20, 2018 Opinion or Order Filing 249 ORDER terminating #243 Motion to Seal Document. Counsel is reminded to follow the procedures set forth in the Court's April 10th Order (Docket No. 212) with respect to future requests to file under seal or redacted form, as those procedures are meant to avoid unnecessary motion practice. In light of the fact that no party filed a letter brief justifying redaction, Plaintiffs' counsel shall file unredacted copies of their July 13th submissions on ECF within two days. The Clerk of Court is directed to terminate 16-CV-740, Docket No. 243; 17-CV-4767, Docket No. 207; 17-CV-4803, Docket No. 129; 17-CV-9355, Docket No. 96; and 18-CV-2111, Docket No. 92. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/20/2018) (ne) Modified on 10/15/2018 (ne).
July 20, 2018 Opinion or Order Filing 248 ORDER terminating #237 Motion to Seal Document. AXA's request to keep Exhibits I and J under seal is GRANTED, and its proposed redactions to Exhibit G are APPROVED. As AXA made no request to keep Exhibit A under seal, Plaintiffs shall file it on ECF within two days. Counsel is reminded to follow the procedures set forth in the Court's April 10th Order (Docket No. 212) with respect to future requests to file under seal or redacted form, as those procedures are meant to avoid unnecessary motion practice. The Clerk of Court is directed to terminate 16-CV-740, Docket No. 237; 17-CV-4767, Docket No. 199; 17-CV-4803, Docket No. 123; 17-CV-9355, Docket No. 90; and 18-CV-2111, Docket No. 83. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/20/2018) (ne) Modified on 10/15/2018 (ne).
July 20, 2018 Opinion or Order Filing 247 ORDER terminating #239 Motion to Seal Document. Counsel is reminded to follow the procedures set forth in the Court's April 10th Order (Docket No. 212) with respect to future requests to file under seal or redacted form, as those procedures are meant to avoid unnecessary motion practice. In light of the fact that no party filed a letter brief requesting that the parties' joint status letter of July 9th (Docket No. 28) remain in redacted form, Plaintiffs' counsel shall file an unredacted copy on ECF within two days. The Clerk of Court is directed to terminate 16-CV-740, Docket No. 239; 17-CV-4767, Docket No. 201; 17-CV-4803, Docket No. 125; 17-CV-9355, Docket No. 92; and 18-CV-2111, Docket No. 85. (Signed by Judge Jesse M. Furman on 7/20/2018) (tro)
July 19, 2018 Filing 246 SEALED DOCUMENT placed in vault.(rz)
July 18, 2018 Filing 245 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Robert C. Hora dated July 18, 2018 re: #242 LETTER MOTION for Local Rule 37.2 Conference re Departed Employees addressed to Judge Jesse M. Furman from Rohit D. Nath dated July 13, 2018. . Document filed by AXA Equitable Life Insurance Company. (Attachments: #1 Declaration, #2 Exhibit 1)(Hora, Robert)
July 18, 2018 Filing 244 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Robert C. Hora dated July 18, 2018 re: #242 LETTER MOTION for Local Rule 37.2 Conference re Departed Employees addressed to Judge Jesse M. Furman from Rohit D. Nath dated July 13, 2018. . Document filed by AXA Equitable Life Insurance Company. (Hora, Robert)
July 13, 2018 Filing 243 LETTER MOTION to Seal Document #242 LETTER MOTION for Local Rule 37.2 Conference re Departed Employees addressed to Judge Jesse M. Furman from Rohit D. Nath dated July 13, 2018. addressed to Judge Jesse M. Furman from Rohit D. Nath dated July 13, 2018. Document filed by Brach Family Foundation, Inc., Malcolm Currie, Allen Dyer.(Nath, Rohit)
July 13, 2018 Filing 242 LETTER MOTION for Local Rule 37.2 Conference re Departed Employees addressed to Judge Jesse M. Furman from Rohit D. Nath dated July 13, 2018. Document filed by Brach Family Foundation, Inc., Malcolm Currie, Allen Dyer. (Attachments: #1 Exhibit A (Redacted), #2 Exhibit B)(Nath, Rohit)
July 12, 2018 Filing 241 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Robert C. Hora dated 7/12/2018 re: #237 LETTER MOTION to Seal Document #236 LETTER MOTION for Local Rule 37.2 Conference re Post-February 2016 ESI addressed to Judge Jesse M. Furman from Rohit D. Nath dated July 9, 2018. addressed to Judge Jesse M. Furman from Rohit . Document filed by AXA Equitable Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hora, Robert)
July 12, 2018 Filing 240 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Robert C. Hora dated 7/12/2018 re: #236 LETTER MOTION for Local Rule 37.2 Conference re Post-February 2016 ESI addressed to Judge Jesse M. Furman from Rohit D. Nath dated July 9, 2018. . Document filed by AXA Equitable Life Insurance Company. (Hora, Robert)
July 9, 2018 Filing 239 LETTER MOTION to Seal Document #238 Letter, addressed to Judge Jesse M. Furman from Rohit D. Nath dated July 9, 2018. Document filed by Brach Family Foundation, Inc., Malcolm Currie, Allen Dyer.(Nath, Rohit)
July 9, 2018 Filing 238 JOINT LETTER addressed to Judge Jesse M. Furman from Rohit D. Nath dated July 9, 2018 re: Status of Discovery. Document filed by Brach Family Foundation, Inc., Malcolm Currie, Allen Dyer. (Attachments: #1 Exhibit 1 (Redacted), #2 Exhibit 2)(Nath, Rohit)
July 9, 2018 Filing 237 LETTER MOTION to Seal Document #236 LETTER MOTION for Local Rule 37.2 Conference re Post-February 2016 ESI addressed to Judge Jesse M. Furman from Rohit D. Nath dated July 9, 2018. addressed to Judge Jesse M. Furman from Rohit D. Nath dated July 9, 2018. Document filed by Brach Family Foundation, Inc., Malcolm Currie, Allen Dyer.(Nath, Rohit)
July 9, 2018 Filing 236 LETTER MOTION for Local Rule 37.2 Conference re Post-February 2016 ESI addressed to Judge Jesse M. Furman from Rohit D. Nath dated July 9, 2018. Document filed by Brach Family Foundation, Inc., Malcolm Currie, Allen Dyer. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Nath, Rohit)
July 5, 2018 Opinion or Order Filing 235 ORDER terminating #234 Letter Motion to Compel. The Clerk of Court is directed to terminate the motions filed in 16-CV-740 and all related cases on July 3, 2018. Counsel is advised that, when refiling previously filed motion papers to conform to a ruling by the Court on sealing or redaction, the documents should not be filed as motions. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/5/2018) (ne)
July 3, 2018 Filing 234 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION to Compel AXA Equitable Life Insurance Company to produce experience and assumptions addressed to Judge Jesse M. Furman from Rohit D. Nath dated June 25, 2018. Document filed by Brach Family Foundation, Inc., Malcolm Currie, Allen Dyer. (Attachments: #1 Exhibit B, #2 Exhibit D, #3 Exhibit F, #4 Exhibit G, #5 Exhibit I)(Nath, Rohit) Modified on 7/12/2018 (db).
July 2, 2018 Opinion or Order Filing 233 MEMO ENDORSEMENT on #231 denying #229 Motion to Seal Document #228 LETTER MOTION to Compel AXA Equitable Life Insurance Company to produce experience and assumptions addressed to Judge Jesse M. Furman from Rohit D. Nath dated June 25, 2018. ENDORSEMENT: AXA's requests to keep the materials under seal and/or redacted are granted. Plaintiffs shall conform their filings accordingly. The Clerk of Court is directed to terminate the letter motions filed on June 25, 2018, in 16-CV-740 and all the related cases cited below. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/2/2018) (ne)
June 29, 2018 Opinion or Order Filing 232 ORDER granting in part and denying in part (228) Letter Motion to Compel in case 1:16-cv-00740-JMF. AXA shall promptly produce the documents it consents to produce - namely, documents sufficient to show its actual to expected mortality ratios for AULII and updated mortality assumptions for AULII post-dating its announcement of the COI Adjustment. Unless and until the Court orders otherwise, such disclosure shall be to counsel and their experts only. If Plaintiffs believe they are entitled to materials beyond those, or object to the limitations on disclosure, they shall (after conferring with AXA) file a new letter motion addressing those issues. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) Filed In Associated Cases: 1:16-cv-00740-JMF, 1:17-cv-07751-JMF (Furman, Jesse)
June 28, 2018 Filing 231 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Robert C. Hora dated June 28, 2018 re: #229 LETTER MOTION to Seal Document #228 LETTER MOTION to Compel AXA Equitable Life Insurance Company to produce experience and assumptions addressed to Judge Jesse M. Furman from Rohit D. Nath dated June 25, 2018. addressed t . Document filed by AXA Equitable Life Insurance Company. (Attachments: #1 Exhibit 1)(Hora, Robert)
June 28, 2018 Filing 230 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Robert C. Hora dated June 28, 2018 re: #228 LETTER MOTION to Compel AXA Equitable Life Insurance Company to produce experience and assumptions addressed to Judge Jesse M. Furman from Rohit D. Nath dated June 25, 2018. . Document filed by AXA Equitable Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Hora, Robert)
June 25, 2018 Filing 229 LETTER MOTION to Seal Document #228 LETTER MOTION to Compel AXA Equitable Life Insurance Company to produce experience and assumptions addressed to Judge Jesse M. Furman from Rohit D. Nath dated June 25, 2018. addressed to Judge Jesse M. Furman from Rohit D. Nath dated June 25, 2018. Document filed by Brach Family Foundation, Inc., Malcolm Currie, Allen Dyer.(Nath, Rohit)
June 25, 2018 Filing 228 LETTER MOTION to Compel AXA Equitable Life Insurance Company to produce experience and assumptions addressed to Judge Jesse M. Furman from Rohit D. Nath dated June 25, 2018. Document filed by Brach Family Foundation, Inc., Malcolm Currie, Allen Dyer. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Nath, Rohit)
June 13, 2018 Opinion or Order Filing 227 ORDER terminating #226 Letter Motion for Conference. The Court already addressed counsel's request in 17-CV-9355. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
June 13, 2018 Filing 226 LETTER MOTION for Conference re: Set/Reset Deadlines, Set/Reset Hearings,, addressed to Judge Jesse M. Furman from John N. Wilborn, Esq. dated 6/12/2018. Document filed by John N Croft Irrevocable Trust.(Wilborn, John)
June 7, 2018 Filing 225 JOINT LETTER addressed to Judge Jesse M. Furman from Rohit D. Nath dated June 7, 2018 re: Status of Discovery. Document filed by Brach Family Foundation, Inc.. (Attachments: #1 Exhibit 1)(Nath, Rohit)
May 24, 2018 Opinion or Order Filing 224 ORDER granting #222 Letter Motion for Extension of Time. So ordered. The parties should not expect any further extensions of the deadline for substantial completion of document discovery. The Clerk of Court is directed to terminate Docket No. 222 in 16-CV-740 and the corresponding letter motions in each member case (all of which were filed on May 23, 2018) (Fact discovery due by 11/6/2018. Deposition of fact witnesses due by 11/6/2018. Motion for class certification due by 12/4/2018. Expert discovery due by 3/25/2019. The next pre-trial conference will be held on July 26, 2018 at 3:30 p.m.) (Signed by Judge Jesse M. Furman on 5/24/2018) (ne)
May 24, 2018 Filing 223 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent AXA Equitable Holdings, Inc. for AXA Equitable Life Insurance Company. Document filed by AXA Equitable Life Insurance Company.(Gelfand, David)
May 24, 2018 Set/Reset Deadlines: Deposition due by 11/6/2018. Expert Discovery due by 5/25/2019. Fact Discovery due by 11/6/2018. Motions due by 12/4/2018. Set/Reset Hearings: Pretrial Conference set for 7/26/2018 at 03:30 PM before Judge Jesse M. Furman. (ne)
May 23, 2018 Filing 222 LETTER MOTION for Extension of Time of certain deadlines in Case Management Order and requesting adjournment of pre-trial conference addressed to Judge Jesse M. Furman from Khai LeQuang dated May 23, 2018. Document filed by EFG Bank AG, Cayman Branch, Wells Fargo Bank, National Association as securities intermediary for EFG Bank AG, Cayman Branch, DLP Master Trust, DLP Master Trust II, DLP Master Trust III, GWG DLP Master Trust, Greenwich Settlements Master Trust, Life Funding Trust, PF Participation Funding Trust, Palm Beach Settlement Company. (Attachments: #1 Text of Proposed Order)(LeQuang, Khai)
May 21, 2018 Opinion or Order Filing 221 MEMO ENDORSEMENT on re: (166 in 1:17-cv-04767-JMF) Letter, filed by GWG DLP Master Trust, EFG Bank AG, Cayman Branch, Life Funding Trust, Wells Fargo Bank, National Association, Palm Beach Settlement Company, DLP Master Trust, PF Participation Funding Trust. ENDORSEMENT: SO ORDERED. (Signed by Judge Jesse M. Furman on 5/18/2018) (ras)
May 7, 2018 Filing 220 JOINT LETTER addressed to Judge Jesse M. Furman from Rohit D. Nath dated May 7, 2018 re: Status of Discovery. Document filed by Brach Family Foundation, Inc., Malcolm Currie, Allen Dyer. (Attachments: #1 Exhibit 1)(Nath, Rohit)
May 7, 2018 Filing 219 NOTICE OF APPEARANCE by Halley Wilder Josephs on behalf of Brach Family Foundation, Inc.. (Josephs, Halley)
April 27, 2018 Filing 218 ANSWER to #188 Amended Complaint,. Document filed by AXA Equitable Life Insurance Company.(Gelfand, David)
April 19, 2018 Opinion or Order Filing 217 ORDER granting #216 Letter Motion for Extension of Time to File Answer. The deadline for Defendant AXA to file its answer is extended to April 27, 2018. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
April 19, 2018 Filing 216 LETTER MOTION for Extension of Time to File Answer addressed to Judge Jesse M. Furman from Andrea G. Hood dated April 19, 2018. Document filed by AXA Equitable Life Insurance Company.(Hood, Andrea)
April 13, 2018 Opinion or Order Filing 215 ORDER terminating #213 Motion to Seal Document. The Court notes that the parties need not (and should not) file a letter as a letter motion if it does not seek some form of relief. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
April 12, 2018 Filing 214 JOINT LETTER addressed to Judge Jesse M. Furman from Rohit D. Nath dated April 9, 2018 re: Status of Discovery. Document filed by Brach Family Foundation, Inc., Malcolm Currie, Allen Dyer. (Attachments: #1 Exhibit 1)(Nath, Rohit)
April 12, 2018 Filing 213 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION to Seal Document (212 in 1:16-cv-00740-JMF) Order on Motion to Seal Document,,, addressed to Judge Jesse M. Furman from Stacey J. Rappaport dated April 12, 2018. Document filed by AXA Equitable Life Insurance Company.Filed In Associated Cases: 1:16-cv-00740-JMF, 1:17-cv-07751-JMF(Rappaport, Stacey) Modified on 4/24/2018 (ldi).
April 10, 2018 Opinion or Order Filing 212 ORDER denying #210 Motion to Seal Document. The motion is DENIED without prejudice to an application from Defendant AXA Equitable Life Insurance Co. showing, with specificity, why each of the redactions is consistent with the presumption in favor of public access to judicial documents. Any such application shall be filed, in the form of a letter brief not to exceed three pages (filed on the 16-CV-740 Docket and spread to all related cases), by April 12, 2017...The Clerk of Court is directed (1) to docket this in 16-CV-740 and all related cases; and (2) to terminate Docket No. 210; 17-CV-4767 (JMF), Docket No. 139; 17-CV-4803 (JMF), Docket No. 104; 17-CV-9355 (JMF), Docket No. 71; and 18-CV-2111 (JMF), Docket No. 43, and as further set forth in this order. (Signed by Judge Jesse M. Furman on 4/10/2018) (ras)
April 10, 2018 Opinion or Order Filing 211 ORDER terminating #174 Letter Motion for Conference Regarding MG-ALFA. See Docket No. #195 . (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
April 9, 2018 Filing 210 LETTER MOTION to Seal Document #209 Letter addressed to Judge Jesse M. Furman from Rohit D. Nath dated April 9, 2018. Document filed by Brach Family Foundation, Inc., Malcolm Currie, Allen Dyer.(Nath, Rohit)
April 9, 2018 Filing 209 LETTER addressed to Judge Jesse M. Furman from Rohit D. Nath dated April 9, 2018 re: Status of Discovery. Document filed by Brach Family Foundation, Inc., Malcolm Currie, Allen Dyer. (Attachments: #1 Exhibit 1)(Sklaver, Steven)
April 4, 2018 Filing 208 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #146 MOTION for Reconsideration re; #135 Memorandum & Opinion,, . . Document filed by AXA Equitable Life Insurance Company. (Gelfand, David)
April 4, 2018 Opinion or Order Filing 207 ORDER granting #206 Letter Motion for Extension of Time to Answer. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
April 3, 2018 Filing 206 LETTER MOTION for Extension of Time to File Answer addressed to Judge Jesse M. Furman from Stacey J. Rappaport dated 4/3/2018. Document filed by AXA Equitable Life Insurance Company.(Rappaport, Stacey)
March 28, 2018 Filing 205 MEMO ENDORSEMENT granting #204 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate Mr. Walfish as counsel in this case and all member cases and to terminate Docket No. 204 in 16-CV-740 and the related motions in all member cases. (Attorney Daniel Robert Walfish terminated.) (Signed by Judge Jesse M. Furman on 3/28/2018) (ras)
March 27, 2018 Filing 204 MOTION for Daniel R. Walfish to Withdraw as Attorney . Document filed by AXA Equitable Life Insurance Company.(Gelfand, David)
March 27, 2018 Filing 203 NOTICE OF APPEARANCE by Andrea Gail Hood on behalf of AXA Equitable Life Insurance Company. (Hood, Andrea)
March 27, 2018 Filing 202 NOTICE OF APPEARANCE by Robert Charles Hora on behalf of AXA Equitable Life Insurance Company. (Hora, Robert)
March 27, 2018 Filing 201 NOTICE OF APPEARANCE by Scott Alexander Edelman on behalf of AXA Equitable Life Insurance Company. (Edelman, Scott)
March 26, 2018 Filing 200 SUPPLEMENTAL OPPOSITION BRIEF re: #146 MOTION for Reconsideration re; #135 Memorandum & Opinion,, . . Document filed by LSH CO, LSH II CO, WELLS FARGO BANK, NATIONAL ASSOCIATION.(Black, Dorit)
March 22, 2018 Filing 199 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/9/18 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)
March 22, 2018 Filing 198 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/9/2018 before Judge Jesse M. Furman. Court Reporter/Transcriber: Rose Prater, (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 4/12/2018. Redacted Transcript Deadline set for 4/23/2018. Release of Transcript Restriction set for 6/20/2018.(McGuirk, Kelly)
March 20, 2018 Filing 197 SEALED DOCUMENT placed in vault.(mps)
March 20, 2018 Opinion or Order Filing 196 ORDER AUTHORIZING ALTERNATIVE SERVICE OF PROCESS granting #186 Letter Motion for Discovery. IT IS HEREBY ORDERED AS FOLLOWS: AXA's Letter Motion is GRANTED. The following forms of alternative service will be deemed proper service of the Subpoenas: (See document.) The Clerk of Court is directed to file and maintain under seal the unredacted version of this Order. The Clerk of Court is directed to terminate Docket No. 186. (Signed by Judge Jesse M. Furman on 3/20/2018) (ras)
March 20, 2018 Opinion or Order Filing 195 STIPULATION AND SUPPLEMENTAL PROTECTIVE ORDER REGARDING THIRD-PARTY MILLIMAN, INC'S MG-ALFA SOFTWARE...regarding procedures to be followed that shall govern the handling of confidential material...(See document.) SO ORDERED. (Signed by Judge Jesse M. Furman on 3/20/2018) As Per Chambers, Filed In All Member and Related Cases. (ras)
March 20, 2018 Filing 194 SEALED DOCUMENT held in Chambers. (Alexandra Smallman, Courtroom Deputy)
March 20, 2018 Transmission to Sealed Records Clerk. Transmitted re: #196 Order Authorizing Alternative Service of Process to the Sealed Records Clerk for the sealing or unsealing of document or case. (ras)
March 19, 2018 Opinion or Order Filing 193 ORDER granting #190 Letter Motion for Discovery. It is hereby ORDERED that: All orders, pleadings, motions, and other documents served or filed in more than one of the Related Actions shall bear the following caption: (See document.) The following deadlines in the Case Management Order dated October 24, 2017("CMO") are adjusted as set forth below: Deadline for completion of fact discovery: October 2, 2018; Deadline for completion of fact witness depositions: October 2, 2018; Last day to file motion for class certification: October 30, 2018; Deadline for completion of expert discovery: February 18, 2019. The next pre-trial conference will be held on June 14, 2018 at 10:00 am. The monthly status update letter for June 2018 shall be submitted to the Court no later than June 7, 2018 at 5:00 pm. On or before March 16, 2018, Plaintiff Brach Family Foundation, Inc. ("Brach") shall file a Consolidated Class Action Complaint in accordance with this Court's March 9, 2018 Order. The Clerk of Court is directed to conform the docket in 16-CV-740 to the caption above and to terminate 16-CV-740 Docket No. 190 and the corresponding letter motions (filed on March 16, 2018) in all of the member cases. (Signed by Judge Jesse M. Furman on 3/19/2018) (ras) Modified on 3/19/2018 (ras). Modified on 3/19/2018 (ras).
March 19, 2018 Opinion or Order Filing 192 ORDER granting #189 Motion to Seal Third Amended Complaint. Plaintiffs shall file an unredacted version of the Complaint with the Sealed Records Department. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
March 19, 2018 Set/Reset Hearings: Pretrial Conference set for 6/14/2018 at 10:00 AM before Judge Jesse M. Furman. (ras)
March 19, 2018 Set/Reset Deadlines: Deposition due by 10/2/2018. Expert Discovery due by 2/18/2019. Fact Discovery due by 10/2/2018. Motions due by 10/30/2018. (ras)
March 16, 2018 Filing 191 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Allen Dyer.(Nath, Rohit)
March 16, 2018 Filing 190 LETTER MOTION for Discovery addressed to Judge Jesse M. Furman from David R. Gelfand dated 3-16-2018. Document filed by AXA Equitable Life Insurance Company. (Attachments: #1 Exhibit A)(Gelfand, David)
March 16, 2018 Filing 189 LETTER MOTION to Seal Document #188 Amended Complaint, addressed to Judge Jesse M. Furman from Rohit D. Nath dated March 16, 2018. Document filed by Brach Family Foundation, Inc., Malcolm Currie, Allen Dyer.(Nath, Rohit)
March 16, 2018 Filing 188 THIRD AMENDED COMPLAINT amending #71 Amended Complaint, against AXA Equitable Life Insurance Company with JURY DEMAND.Document filed by Brach Family Foundation, Inc., Allen Dyer, Malcolm Currie. Related document: #71 Amended Complaint,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Sklaver, Steven)
March 16, 2018 Opinion or Order Filing 187 ORDER with respect to #186 Letter Motion Requesting Alternative Service of Process for Subpoenas. Any opposition to Defendant's motion shall be filed by March 19, 2018. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
March 15, 2018 Filing 186 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Discovery Requesting Alternative Service of Process for Subpoenas addressed to Judge Jesse M. Furman from David R. Gelfand dated March 18, 2018. Document filed by AXA Equitable Life Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Gelfand, David) Modified on 3/23/2018 (db).
March 13, 2018 Filing 185 LETTER addressed to Judge Jesse M. Furman from Dorit Ungar Black dated March 13, 2018 re: Protective Order. Document filed by LSH CO, LSH II CO, WELLS FARGO BANK, NATIONAL ASSOCIATION. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:16-cv-00740-JMF, 1:17-cv-07751-JMF(Black, Dorit)
March 9, 2018 Minute Entry for proceedings held before Judge Jesse M. Furman: Pretrial Conference held on 3/9/2018. Court reporter present. -- See transcript. (ab)
March 9, 2018 Opinion or Order Filing 184 MEMORANDUM OPINION AND ORDER re: #150 MOTION for Leave to File Third Amended Class Action Complaint filed by Brach Family Foundation, Inc. The Court has considered AXA's remaining arguments-including its half-hearted general arguments concerning prejudice, (see Def.'s Opp'n 18-19)and finds them to be without merit. See, e.g., Pasternack v. Shrader, 863 F.3d 162, 174 (2d Cir. 2017) (holding that "complaints of the time, effort and money...expended in litigating [a] matter, without more," cannot "constitute prejudice sufficient to warrant denial of leave to amend" (first alteration in original) (emphasis added)). Accordingly, and for the reasons stated above, Brach's motion for leave to amend is GRANTED in part and DENIED in part. Brach shall file its Third Amended Complaint, consistent with this Memorandum Opinion and Order, within seven days. (Docket No. 155). The Clerk of Court is directed to terminate Docket No. 150. (Signed by Judge Jesse M. Furman on 3/9/2018) (mro)
March 9, 2018 Opinion or Order Filing 183 ORDER: The Court has accepted LSH CO v. AXA Equitable Life Ins. Co., 18-CV-2111, filed yesterday, as related to the other above-captioned cases. Counsel in LSH CO should appear at the conference scheduled in these cases today at 2:30 p.m. All counsel should be prepared to address the implications of the new case and how to promote coordination with the existing cases. (Signed by Judge Jesse M. Furman on 3/9/2018) (mro)
March 7, 2018 Filing 182 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Stacey J. Rappaport dated 3/7/2018 re: #174 LETTER MOTION for Conference Regarding MG-ALFA addressed to Judge Jesse M. Furman from Mark Musico dated March 2, 2018. . Document filed by AXA Equitable Life Insurance Company. (Rappaport, Stacey)
March 7, 2018 Filing 181 JOINT LETTER addressed to Judge Jesse M. Furman from Rohit D. Nath dated March 7, 2018 re: Status of the Related Actions. Document filed by Brach Family Foundation, Inc..(Nath, Rohit)
March 7, 2018 Opinion or Order Filing 180 ORDER: The time of the conference scheduled for March 9, 2018, is hereby CHANGED to 2:30 p.m. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/7/2018) (Text Only Order) Filed In Associated Cases: 1:16-cv-00740-JMF, 1:17-cv-07751-JMF(Furman, Jesse)
March 5, 2018 Filing 179 SEALED DOCUMENT placed in vault.(mps)
March 5, 2018 Filing 178 MEMO ENDORSEMENT on (166 in 1:16-cv-00740-JMF) Letter re: Status of the Related Actions filed by Brach Family Foundation, Inc.: In advance of the conference on March 9, 2018, the parties in these consolidated and related actions shall submit an updated status and agenda letter no later than March 7, 2018, at 5 p.m. Counsel should be prepared to address at the conference (and may address in the letter) whether there are additional means to promote coordination of the actions - to minimize the burdens on the parties and the Court. (Signed by Judge Jesse M. Furman on 3/5/2018) (ab)
March 5, 2018 Opinion or Order Filing 177 ORDER with respect to #174 Letter Motion for Conference Regarding MG-ALFA. AXA shall file any opposition to the letter motion by March 7, 2018, at 5 p.m. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
March 5, 2018 Opinion or Order Filing 176 ORDER granting #175 Motion to Seal Document Regarding MG-ALFA. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
March 2, 2018 Filing 175 LETTER MOTION to Seal Document #174 LETTER MOTION for Conference Regarding MG-ALFA addressed to Judge Jesse M. Furman from Mark Musico dated March 2, 2018. addressed to Judge Jesse M. Furman from Mark Musico dated March 2, 2018. Document filed by Brach Family Foundation, Inc..(Musico, Mark)
March 2, 2018 Filing 174 LETTER MOTION for Conference Regarding MG-ALFA addressed to Judge Jesse M. Furman from Mark Musico dated March 2, 2018. Document filed by Brach Family Foundation, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B Filed Under Seal, #3 Exhibit C)(Musico, Mark)
February 27, 2018 Opinion or Order Filing 173 ORDER [DEPOSITION PROTOCOL ORDER]: The Court has considered the parties' positions and now issues the following protocols to govern fact depositions in the Related Actions. (See document.) (Signed by Judge Jesse M. Furman on 2/27/2018) (ras)
February 23, 2018 Filing 172 JOINT LETTER addressed to Judge Jesse M. Furman from Rohit D. Nath dated February 23, 2018 re: Deposition Protocols. Document filed by Brach Family Foundation, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Nath, Rohit)
February 16, 2018 Filing 171 LETTER addressed to Judge Jesse M. Furman from Mark Musico dated February 16, 2018 re: Motion for Leave to File a Third Amended Class Action Complaint. Document filed by Brach Family Foundation, Inc..(Musico, Mark)
February 12, 2018 Opinion or Order Filing 170 ORDER granting #169 Letter Motion for Extension of Time. Application GRANTED. The Clerk of Court is directed to docket this in all the actions listed above and to terminate the corresponding letter motion in each action. (Signed by Judge Jesse M. Furman on 2/12/2018) (ras)
February 12, 2018 Filing 169 LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from Rohit D. Nath dated 2-12-18. Document filed by Brach Family Foundation, Inc..(Nath, Rohit)
February 7, 2018 Filing 168 MEMO ENDORSEMENT: on re: (96 in 1:17-cv-04767-JMF) Letter, filed by GWG DLP Master Trust, EFG Bank AG, Cayman Branch, Life Funding Trust, Wells Fargo Bank, National Association, DLP Master Trust II, DLP Master Trust, PF Participation Funding Trust, Palm Beach Settlement Company, DLP Master Trust III, Greenwich Settlements Master Trust. ENDORSEMENT: Application GRANTED. The pretrial conference is ADJOURNED to March 9, 2018, at 3 p.m. Counsel is reminded that requests for adjournments must be made by letter motion filed on ECF, not by ordinary letter. (Docketed in 16cv740, 17cv4767, 17cv4803, 17cv9355) (Pretrial Conference set for 3/9/2018 at 3:00 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 2/7/2018) (ap)
February 2, 2018 Filing 167 MEMO ENDORSEMENT on re: (94 in 1:17-cv-04767-JMF) Letter filed by Brach Family Foundation, Inc., (80 in 1:17-cv-04803-JMF) Letter filed by Brach Family Foundation, Inc., (166 in 1:16-cv-00740-JMF) Letter filed by Brach Family Foundation, Inc., (36 in 1:17-cv-09355-JMF) Letter filed by Brach Family Foundation, Inc. ENDORSEMENT: In light of the pending motions, and the parties' ongoing negotiations with respect to the discovery issues referenced in the appendices to the parties' letter, the February 7, 2018 conference is ADJOURNED to March 1, 2018, at 3 p.m. The parties should continue to meet and confer in good faith over their discovery disputes, raising them with the Court-in accordance with its Individual Rules and Practices-only after efforts to resolve or narrow them have been exhausted. As the issues do not yet appear to be ripe for Court intervention, the Court intimates no views on them at this time, except to state that there is no Court-imposed or-sanctioned stay in effect. ( Pretrial Conference set for 3/1/2018 at 03:00 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 2/2/2018) (mro)
February 1, 2018 Filing 166 JOINT LETTER addressed to Judge Jesse M. Furman from Steven G. Sklaver dated February 1, 2018 re: Status of the Related Actions. Document filed by Brach Family Foundation, Inc.. (Attachments: #1 Exhibit 1)(Sklaver, Steven)
January 23, 2018 Opinion or Order Filing 165 ORDER: It is hereby ORDERED that Plaintiff shall file any amended complaint by February 9, 2018. Plaintiff will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. If Plaintiff does amend, by three (3) weeks after the amended complaint is filed, Defendant shall: (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying Plaintiff, stating that it relies on the previously filed motion to dismiss. If Defendant files an answer or a new motion to dismiss, the Court will deny the previously filed motion to dismiss as moot. It is further ORDERED that if no amended complaint is filed, Plaintiff shall serve any opposition to the motion to dismiss by February 9, 2018. Defendant's reply, if any, shall be served by February 16, 2018. At the time any reply is served, the moving party shall supply the Court with one courtesy hard copy of all motion papers by mailing or delivering them to the United States Courthouse, 40 Centre Street, New York, New York. (Amended Pleadings due by 2/9/2018.) (Signed by Judge Jesse M. Furman on 1/22/2018) (ras) Modified on 1/25/2018 (ras).
January 9, 2018 Opinion or Order Filing 164 ORDER granting (23 in case 17-cv-9355) Letter Motion. On January 5, 2018, Plaintiff and Defendant submitted a joint letter motion requesting that the October 24, 2017 Case Management Order entered in the Related Actions (16-CV-740, Docket No. 128) be entered in and apply to the Croft Action. The Court grants the motion and orders that the attached Case Management Order hereby applies to the Croft Action. The Clerk of Court is directed to terminate Docket No. 23. (Signed by Judge Jesse M. Furman on 1/9/2018) (ras)
December 28, 2017 Filing 163 REPLY MEMORANDUM OF LAW in Support re: #150 MOTION for Leave to File Third Amended Class Action Complaint . . Document filed by Brach Family Foundation, Inc.. (Nath, Rohit)
December 28, 2017 Filing 162 NOTICE OF CHANGE OF ADDRESS by Steven Gerald Sklaver on behalf of Brach Family Foundation, Inc.. New Address: Susman Godfrey L.L.P., 1900 Avenue of the Stars, Suite 1400, Los Angeles, CA, United States 90067-4405, 310-789-3100. (Sklaver, Steven)
December 28, 2017 Filing 161 NOTICE OF CHANGE OF ADDRESS by Rohit Nath on behalf of Brach Family Foundation, Inc.. New Address: Susman Godfrey L.L.P., 1900 Avenue of the Stars, Suite 1400, Los Angeles, CA, United States 90067-4405, 310-789-3100. (Nath, Rohit)
December 28, 2017 Filing 160 NOTICE OF CHANGE OF ADDRESS by Glenn Charles Bridgman on behalf of Brach Family Foundation, Inc.. New Address: Susman Godfrey L.L.P., 1900 Avenue of the Stars, Suite 1400, Los Angeles, CA, United States 90067-4405, 310-789-3100. (Bridgman, Glenn)
December 21, 2017 Filing 159 DECLARATION of Stacey J. Rappaport in Opposition re: #150 MOTION for Leave to File Third Amended Class Action Complaint .. Document filed by AXA Equitable Life Insurance Company. (Attachments: #1 Exhibit 1-Currie Policy, #2 Exhibit 2-Currie Checks, #3 Exhibit 3-Hobish Complaint)(Rappaport, Stacey)
December 21, 2017 Filing 158 MEMORANDUM OF LAW in Opposition re: #150 MOTION for Leave to File Third Amended Class Action Complaint . . Document filed by AXA Equitable Life Insurance Company. (Gelfand, David)
December 8, 2017 Filing 157 REPLY MEMORANDUM OF LAW in Support re: #146 MOTION for Reconsideration re; #135 Memorandum & Opinion,, . . Document filed by AXA Equitable Life Insurance Company. (Gelfand, David)
December 8, 2017 Opinion or Order Filing 156 ORDER. With respect to the Plaintiff's Motion for Leave to File a Third Amended Complaint and all future substantive motions in this case, the parties shall adhere to the following procedure for the submission of electronic courtesy copies (which are to be filed in addition to, rather than in place of, paper courtesy copies). No later than one week after the final filing, the moving party shall submit electronic courtesy copies of all motion papers in electronic folders titled with the docket number of the relevant motion in brackets followed by a description of the motion (e.g., " #150 Plaintiff's Motion for Leave to File a Third Amended Complaint"). The folder shall contain: Unredacted, text-searchable PDFs of (1) any pleading to which the motion relates (e.g., the operative complaint); (2) the notice of motion; and (3) the moving, opposition, and reply memoranda of law, each of which should be named with the docket number of the document in brackets followed by a description of the file (e.g., " #151 Plaintiff's Memorandum of Law in Support"), and as further specified and set forth in this Order. So ordered. (Signed by Judge Jesse M. Furman on 12/8/2017) (rjm)
December 7, 2017 Opinion or Order Filing 155 ORDER granting #153 Letter Motion for Extension of Time to File Consolidated Amended Complaint and re: Briefing Schedule. The parties' proposed deadlines are hereby adopted. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
December 7, 2017 Opinion or Order Filing 154 ORDER granting #152 Motion to Seal. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
December 7, 2017 Filing 153 LETTER MOTION for Extension of Time to File Consolidated Amended Complaint and re: Briefing Schedule addressed to Judge Jesse M. Furman from Steven G. Sklaver dated December 7, 2017. Document filed by Brach Family Foundation, Inc..(Sklaver, Steven)
December 6, 2017 Filing 152 LETTER MOTION to Seal Document #151 Memorandum of Law in Support of Motion, addressed to Judge Jesse M. Furman from Rohit D. Nath dated December 6, 2017. Document filed by Brach Family Foundation, Inc..(Nath, Rohit)
December 6, 2017 Filing 151 MEMORANDUM OF LAW in Support re: #150 MOTION for Leave to File Third Amended Class Action Complaint . . Document filed by Brach Family Foundation, Inc.. (Attachments: #1 Exhibit A - Redacted, #2 Exhibit B - Redacted, #3 Exhibit C, #4 Exhibit D)(Nath, Rohit)
December 6, 2017 Filing 150 MOTION for Leave to File Third Amended Class Action Complaint . Document filed by Brach Family Foundation, Inc..(Nath, Rohit)
December 1, 2017 Filing 149 MEMORANDUM OF LAW in Opposition re: #146 MOTION for Reconsideration re; #135 Memorandum & Opinion,, . . Document filed by Brach Family Foundation, Inc.. (Musico, Mark)
November 24, 2017 Filing 148 LETTER addressed to Judge Jesse M. Furman from Stacey J. Rappaport dated November 24, 2017 re: coordination with state actions in response to Scheduling Order [Dkt. 128]. Document filed by AXA Equitable Life Insurance Company.(Rappaport, Stacey)
November 17, 2017 Filing 147 MEMORANDUM OF LAW in Support re: #146 MOTION for Reconsideration re; #135 Memorandum & Opinion,, . . Document filed by AXA Equitable Life Insurance Company. (Gelfand, David)
November 17, 2017 Filing 146 MOTION for Reconsideration re; #135 Memorandum & Opinion,, . Document filed by AXA Equitable Life Insurance Company.(Gelfand, David)
November 13, 2017 Opinion or Order Filing 145 ORDER APPOINTING INTERIM CLASS COUNSEL granting #131 Motion to Appoint Counsel; terminating #133 Motion to Appoint Counsel. On October 30, 2017, the Court received two applications for appointment as interim lead class counsel, one from Susman Godfrey LLP ("SG") and one from KamberLaw LLC ("KLaw"). (Docket Nos. 131 and 133). Accordingly, weighing the factors set forth in Rule 23(g)(1)(A) of the Federal Rules of Civil Procedure, see, e.g., In re Mun. Derivatives Antitrust Litig., 252 F.R.D. 184, 186 (S.D.N.Y. 2008) (noting that courts appointing interim lead class counsel "generally look to the same factors used in determining the adequacy of class counsel under Rule 23(g)(1)(A)"), and notwithstanding the Court's view that SG's aggressive efforts to secure appointment as interim lead counsel (efforts that began almost a year ago, well before there was an identifiable reason to appoint interim lead counsel (Docket No. 55)) have sometimes veered toward the unseemly, the Court hereby designates SG as the sole interim lead class counsel. Interim lead class counsel shall be generally responsible for coordinating activities during pretrial proceedings and shall: 1. determine and present (in briefs, oral argument, or such other fashion as may be appropriate, personally or by a designee) to the Court and opposing parties the position of Plaintiff and any proposed classes on all matters arising during pretrial proceedings; 2. coordinate the initiation and conduct of discovery on behalf of Plaintiff and any proposed classes consistent with the requirements of Rule 26 of the Federal Rules of Civil Procedure, including the preparation of interrogatories and requests for production of documents and the examination of witnesses in depositions; 3. conduct settlement negotiations on behalf of Plaintiff and any proposed classes; 4. enter into stipulations with opposing counsel as necessary for the conduct of the litigation; and 5. perform such other duties as may be incidental to proper coordination of pretrial activities or authorized by future order of the Court. This Order shall apply to each action subsequently filed in or transferred to the United States District Court for the Southern District of New York. The Clerk of Court is directed to identify Susman Godfrey LLP as Interim Class Counsel on the docket of 16-CV-740, and to terminate Docket Nos. 131 and 133. (Signed by Judge Jesse M. Furman on 11/13/2017) (mro)
November 9, 2017 Filing 144 DECLARATION of Stacey J. Rappaport in Support re: #74 MOTION to Dismiss Second Amended Complaint.. Document filed by AXA Equitable Life Insurance Company. (Attachments: #1 Exhibit 4 - unsealed, #2 Exhibit 5 - unsealed, #3 Exhibit 9 - unsealed, #4 Exhibit 10 - unsealed, #5 Exhibit 11 - unsealed, #6 Exhibit 12 - unsealed, #7 Exhibit 13 - unsealed, #8 Exhibit 14 - unsealed, #9 Exhibit 15 - unsealed, #10 Exhibit 16 - unsealed, #11 Exhibit 17 - unsealed, #12 Exhibit 18 - unsealed, #13 Exhibit 19 - unsealed, #14 Exhibit 20 - unsealed, #15 Exhibit 21 - unsealed, #16 Exhibit 22 - unsealed, #17 Exhibit 23 - unsealed, #18 Exhibit 24 - unsealed)(Rappaport, Stacey)
November 9, 2017 Filing 143 MEMORANDUM OF LAW in Support re: #74 MOTION to Dismiss Second Amended Complaint. . Document filed by AXA Equitable Life Insurance Company. (Gelfand, David)
November 9, 2017 Opinion or Order Filing 142 ORDER granting #141 Letter Motion for Extension of Time to Answer. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
November 9, 2017 Filing 141 LETTER MOTION for Extension of Time to File Answer addressed to Judge Jesse M. Furman from Stacey J. Rappaport dated 11/9/2017. Document filed by AXA Equitable Life Insurance Company.(Rappaport, Stacey)
November 6, 2017 Filing 140 MEMORANDUM OF LAW in Opposition re: #133 MOTION to Appoint Counsel KamberLaw LLC Interim Class Co-Counsel Pursuant to Fed. R. Civ. P. 23(g). . Document filed by Brach Family Foundation, Inc.. (Sklaver, Steven)
November 6, 2017 Filing 139 SEALED DOCUMENT placed in vault.(mps)
November 6, 2017 Filing 138 MEMORANDUM OF LAW in Opposition re: #131 MOTION to Appoint Counsel Susman Godfrey LLP Interim Class Counsel Pursuant to Fed. R. Civ. P. 23(g). . Document filed by Secondary Life Three LLC, Jeremy Wenokur. (Kamber, Scott)
November 3, 2017 Filing 137 DECLARATION of Seth Ard in Opposition re: #74 MOTION to Dismiss Second Amended Complaint.. Document filed by Brach Family Foundation, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B - Filed Separately Under Seal, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E - Filed Separately Under Seal, #6 Exhibit F)(Sklaver, Steven)
November 3, 2017 Filing 136 MEMORANDUM OF LAW in Opposition re: #74 MOTION to Dismiss Second Amended Complaint. REDACTED. Document filed by Brach Family Foundation, Inc.. (Sklaver, Steven)
November 3, 2017 Opinion or Order Filing 135 MEMORANDUM OPINION AND ORDER re: #74 MOTION to Dismiss Second Amended Complaint, filed by AXA Equitable Life Insurance Company. AXA's partial motion to dismiss is DENIED, but its request to keep under seal Exhibits B and E to the Ard Declaration is GRANTED. To the extent they have not done so already, the parties shall promptly file (1) with the Sealed Records Department Exhibits B and E to the Ard Declaration and unredacted versions of any documents referencing them and (2) on ECF any other materials that are not already on the docket in unredacted form. The Clerk of Court is directed to terminate Docket No. 74, and as further set forth herein. (Signed by Judge Jesse M. Furman on 11/3/2017) (ras)
October 30, 2017 Filing 134 MEMORANDUM OF LAW in Support re: #133 MOTION to Appoint Counsel KamberLaw LLC Interim Class Co-Counsel Pursuant to Fed. R. Civ. P. 23(g). . Document filed by Secondary Life Three LLC, Jeremy Wenokur. (Attachments: #1 Exhibit A - Kamber Decl, #2 Exhibit B - KamberLaw Firm Resume, #3 Exhibit C - Wenokur Decl., #4 Exhibit D - Goode Decl., #5 Exhibit E - Aschenbrener Decl.)(Kamber, Scott)
October 30, 2017 Filing 133 MOTION to Appoint Counsel KamberLaw LLC Interim Class Co-Counsel Pursuant to Fed. R. Civ. P. 23(g). Document filed by Secondary Life Three LLC, Jeremy Wenokur.(Kamber, Scott)
October 30, 2017 Filing 132 MEMORANDUM OF LAW in Support re: #131 MOTION to Appoint Counsel Susman Godfrey LLP Interim Class Counsel Pursuant to Fed. R. Civ. P. 23(g). . Document filed by Brach Family Foundation, Inc.. (Sklaver, Steven)
October 30, 2017 Filing 131 MOTION to Appoint Counsel Susman Godfrey LLP Interim Class Counsel Pursuant to Fed. R. Civ. P. 23(g). Document filed by Brach Family Foundation, Inc..(Sklaver, Steven)
October 26, 2017 Filing 130 SEALED DOCUMENT placed in vault.(mps)
October 25, 2017 Filing 129 LETTER addressed to Judge Jesse M. Furman from Scott A. Kamber, Esq. dated October 25, 2017 re: ECF 55, 56, 60. Document filed by Secondary Life Three LLC, Jeremy Wenokur, Secondary Life Three LLC.Filed In Associated Cases: 1:16-cv-00740-JMF, 1:17-cv-07751-JMF(Kamber, Scott)
October 24, 2017 Set/Reset Hearings: Pretrial Conference set for 2/7/2018 at 03:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Set/Reset Deadlines: Deposition due by 11/16/2018. Expert Discovery due by 11/16/2018. Fact Discovery due by 7/2/2018. Motions due by 7/30/2018. (jwh)
October 24, 2017 Opinion or Order Filing 128 ORDER granting #120 Letter Motion for Discovery; granting #125 Letter Motion for Leave to File Document: The Brach and Wenokur actions are hereby consolidated for all purposes including trial (hereinafter, the "Consolidated Class Actions"). The Clerk of the Court is directed to consolidate the two actions set forth above under Case Numbers 16-cv-740 and 17-cv-7751. The action set forth under Case Number 17-cv-7751 is to be closed and the consolidated actions shall proceed under the first-filed action, Case Number 16-cv-740. All filings in the Consolidated Class Actions are to be made only under Case Number 16-cv-740. All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. A consolidated amended class action complaint ("CAC") shall be filed in the Consolidated Class Actions within 30 days after the Court's resolution of the issues of consolidation and interim class counsel. All fact discovery shall be completed no later than July 2, 2018. All expert discovery, including reports, production of underlying documents, and depositions, shall be completed no later than November 16, 2018. Unless otherwise ordered by the Court, depositions of fact witnesses shall be completed by July 2, 2018. Summary judgment motions, if applicable, and any motion to exclude the testimony of experts pursuant to Rules 702-705 of the Federal Rules of Evidence and the Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), line of cases, are to be filed on or before the later of 45 days after the close of expert discovery or 30 days after the court's decision on plaintiff's motion for class certification, or 30 days after the class opt-out period concludes, if a class is certified. Unless otherwise ordered by the Court, opposition to any such summary judgment motion is to be filed forty-five (45) days after the summary judgment motion is served on the opposing party, and a reply, if any, is to be filed fourteen (14) days after service of any opposition. Unless the Court orders otherwise for good cause shown, the parties shall be ready for trial two weeks after the Joint Pretrial Order is filed. This case is to be tried to a jury subject to Rule 38 of the Federal Rules of Civil Procedure. Counsel for the parties have conferred and believe it is premature to estimate the length of trial because it will depend on what claims survive motion practice, whether and to what extent a class is certified, and to what extent these Actions (and any other related action that may be filed in or transferred to this Court) are consolidated for trial. Plaintiffs' best present estimate of the length of trial is 7-10 days. Any motion for class certification and any expert report in support of class certification shall be filed no later than July 30, 2018. Unless and until the Court orders otherwise, any opposition to such motion for class certification and any expert report in opposition to class certification is to be filed within thirty (30) days after the class certification motion is served on the opposing party, and a reply, if any, is to be filed fourteen (14) days after service of any opposition. The next pretrial conference is scheduled for February 7, 2018, at 3:30 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York 10007. The Clerk of Court is directed to terminate 16-cv-740, Docket Nos. 120 and 125; 17-cv-4767, Docket Nos. 88 and 91; 17-cv-4803, Docket Nos. 74 and 77; and 17-cv-7751, Docket Nos. 56 and 61.. (Signed by Judge Jesse M. Furman on 10/24/2017) (jwh)
October 20, 2017 Opinion or Order Filing 127 ENDORSED LETTER addressed to Judge Jesse M. Furman from David M. Kroeger dated 10/19/2017 re: request to keep a portion of a single exhibit to ECF No. 115 redacted and under seal. ENDORSEMENT: The Clerk of Court is directed to docket this in 16-CV-740 and 17-CV-7751. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/20/2017) (ras)
October 20, 2017 Filing 126 LETTER addressed to Judge Jesse M. Furman from Steven Sklaver dated October 16, 2017 re: interim class counsel. Document filed by Brach Family Foundation, Inc.. (Attachments: #1 Exhibit 5 - unredacted, #2 Exhibit 7 - unredacted, #3 Exhibit 8 - unredacted, #4 Exhibit 10 - partially redacted)(Musico, Mark)
October 20, 2017 Filing 125 LETTER MOTION for Leave to File response to Plaintiffs' letter proposing Case Management Plan and Scheduling Order addressed to Judge Jesse M. Furman from Stacey J. Rappaport dated 10/20/2017. Document filed by AXA Equitable Life Insurance Company.(Rappaport, Stacey)
October 20, 2017 Filing 124 LETTER addressed to Judge Jesse M. Furman from Mark Musico dated October 20, 2017 re: response to AXA's letter proposing a Case Management Plan and Scheduling Order. Document filed by Brach Family Foundation, Inc..(Musico, Mark)
October 20, 2017 Opinion or Order Filing 123 ORDER granting #122 Motion to Seal Document. Substantially for the reasons set forth in counsel's letter and the letter from Canada Life dated October 19, 2017 (which the Court will docket in short order), AXA's application is GRANTED. Counsel shall coordinate to ensure that any other materials or information that are not yet publicly available on the docket are promptly filed on ECF. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
October 19, 2017 Filing 122 LETTER MOTION to Seal Document 117 Order on Motion to Seal Document,, Application to Seal Document and response to Interim Class Counsel Application addressed to Judge Jesse M. Furman from Stacey J. Rappaport dated 10/19/2017. Document filed by AXA Equitable Life Insurance Company. Return Date set for 10/19/2017 at 12:00 PM. (Attachments: #1 Declaration with Exhibit)(Rappaport, Stacey)
October 19, 2017 Opinion or Order Filing 121 MEMO ENDORSEMENT on (120 in 1:16-cv-00740-JMF); (88 in 1:17-cv-04767-JMF); (56 in 1:17-cv-07751-JMF) ; (74 in 1:17-cv-04803-JMF): Any response to this letter shall be filed by October 20, 2017, at noon. Additionally, counsel for AXA shall promptly submit, by email to Chambers, Microsoft Word versions of the proposed Orders attached as Exhibits 1 and 2 to its letter. The Clerk of Court is directed to docket this endorsed letter in all cases listed above. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/19/2017) (ab)
October 18, 2017 Filing 120 LETTER MOTION for Discovery re proposed Civil Case Management Plan and Scheduling Order addressed to Judge Jesse M. Furman from Stacey J. Rappaport dated October 18, 2017. Document filed by AXA Equitable Life Insurance Company. (Attachments: #1 Exhibit 1. AXAs Proposals, #2 Exhibit 2. Parties Proposals)(Rappaport, Stacey)
October 18, 2017 Filing 119 LETTER addressed to Judge Jesse M. Furman from Steven G. Sklaver dated October 18, 2017 re: Proposed Case Management Plan and Scheduling Order. Document filed by Brach Family Foundation, Inc.. (Attachments: #1 Exhibit A - Proposed Scheduling Order)(Sklaver, Steven)
October 17, 2017 Opinion or Order Filing 118 ORDER re: #115 LETTER addressed to Judge Jesse M. Furman from Steven G. Sklaver dated October 16, 2017 re: Appointment of Interim Class Counsel. The Court is inclined to agree that appointment of interim lead counsel is now appropriate, to avoid any confusion and promote coordination. If counsel for AXA or Wenokur disagree, and believe that such appointment is premature, they shall file a letter to that effect by October 20, 2017, at noon. Unless and until the Court orders otherwise, any motion for appointment as interim lead counsel shall be filed by October 30, 2017; and any opposition to such a motion shall be filed by November 6, 2017. No replies may be filed without leave of Court. (Signed by Judge Jesse M. Furman on 10/17/2017) (Furman, Jesse)
October 17, 2017 Opinion or Order Filing 117 ORDER denying #116 Motion to Seal Document without prejudice to an application from AXA Equitable Life Insurance Co. showing, with specificity, why each of the redactions is consistent with the presumption in favor of public access to judicial documents. Any such application shall be filed by October 19, 2017, at noon. In the absence of such application, Plaintiff shall promptly file an unredacted version of its submissions on ECF. If AXA files an application, Plaintiff shall not file anything until the Court rules. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
October 16, 2017 Filing 116 LETTER MOTION to Seal Document #115 Letter, re: Appointment of Interim Class Counsel addressed to Judge Jesse M. Furman from Seth Ard dated October 16, 2017. Document filed by Brach Family Foundation, Inc..(Ard, Seth)
October 16, 2017 Filing 115 LETTER addressed to Judge Jesse M. Furman from Steven G. Sklaver dated October 16, 2017 re: Appointment of Interim Class Counsel. Document filed by Brach Family Foundation, 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)(Sklaver, Steven)
October 10, 2017 Opinion or Order Filing 114 ORDER: granting #113 Letter Motion for Extension of Time. Given the circumstances, the Court is inclined to think that the better practice is for counsel to confer with counsel in the Wenokur action before submitting a final proposed order to the Court. Accordingly, the parties are granted an extension, nunc pro tunc, to October 18, 2017. Counsel should promptly consult with counsel in the Wenokur action (i.e., even if it has not yet formally been transferred or accepted by this Court as related, which should happen in due course), as the Court is unlikely to grant any further extensions of the deadline. The Clerk of Court is directed to docket this in all three cases referenced above and to terminate the corresponding motions (filed on October 4, 2017) in each case. (Docketed in 16cv740, 17cv4767 and 17cv4803). (Signed by Judge Jesse M. Furman on 10/10/2017) (ap)
October 4, 2017 Filing 113 LETTER MOTION for Extension of Time re Scheduling Order addressed to Judge Jesse M. Furman from Stacey J. Rappaport dated 10/04/2017. Document filed by AXA Equitable Life Insurance Company. (Attachments: #1 Exhibit Transfer Order, #2 Exhibit Proposed Order)(Rappaport, Stacey)
September 29, 2017 Opinion or Order Filing 112 ORDER granting #111 Letter Motion for Extension of Time. Application GRANTED. The Clerk of Court is directed to docket this endorsed letter in all three of the above-captioned cases and to terminate the corresponding motions that were filed on September 28, 2017. (Signed by Judge Jesse M. Furman on 9/29/2017) (ras)
September 28, 2017 Filing 111 LETTER MOTION for Extension of Time re proposed scheduling order addressed to Judge Jesse M. Furman from Stacey J. Rappaport dated 9/28/2017. Document filed by AXA Equitable Life Insurance Company. (Attachments: #1 Attachment 1)(Rappaport, Stacey)
September 21, 2017 Filing 110 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/14/17 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)
September 21, 2017 Filing 109 TRANSCRIPT of Proceedings re: CONFERENCE held on 9/14/2017 before Judge Jesse M. Furman. Court Reporter/Transcriber: Steven Griffing, (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 10/12/2017. Redacted Transcript Deadline set for 10/23/2017. Release of Transcript Restriction set for 12/20/2017.(McGuirk, Kelly)
September 14, 2017 Minute Entry for proceedings held before Judge Jesse M. Furman: Conference held on 9/14/2017. Steven Sklaver and Mark Musico present for Branch plaintiffs. Khai LeQuang present for EFG plaintiffs. Michael Cryan present for Duffy plaintiffs. Daniel Walfish, Alicia Bove, and Stacey Rappaport present for Defendants. Court reporter present. (ab)
September 12, 2017 Filing 108 LETTER addressed to Judge Jesse M. Furman from Steven G. Sklaver dated September 12, 2017 re: Updating Court on Agenda Items for September 14 Conference. Document filed by Brach Family Foundation, Inc..(Sklaver, Steven)
August 8, 2017 Filing 107 CERTIFIED TRUE COPY OF MDL ORDER FROM THE MDL PANEL DENYING TRANSFER....that the motion, pursuant to 28 U.S.C. 1407(c), for transfer of the action to the United States District Court - Southern District of New York, be, and the same hereby is denied. (Signed by MDL Panel on 8/1/2017) (sjo)
August 4, 2017 Filing 106 LETTER addressed to Judge Jesse M. Furman from Steven G. Sklaver dated August 3, 2017 re: Order to parties to advise the Court of any material developments relating to these cases before the September 14, 2017 conference re [dkt. 103]. Document filed by Brach Family Foundation, Inc.. (Attachments: #1 Exhibit 1)(Sklaver, Steven)
August 3, 2017 Filing 105 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #106 Letter) - LETTER addressed to Judge Jesse M. Furman from Steven G. Sklaver dated 8/3/2017 re: Order to parties to advise the Court of any material developments relating to these cases before the September 14, 2017 conference re [dkt. 103]. Document filed by Brach Family Foundation, Inc..(Sklaver, Steven) Modified on 8/4/2017 (db).
July 28, 2017 Opinion or Order Filing 104 PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...(See document). (Signed by Judge Jesse M. Furman on 7/28/2017) (ras)
July 17, 2017 Opinion or Order Filing 103 ORDER: Upon review of the parties' joint letter dated July 13, 2017 (16-CV-740, Docket No. 102), the Court is of the view that the issues of coordination and/or consolidation, appointment of interim class counsel, and the addition of new plaintiffs should all be deferred until after the Wenokur Court rules on AXA's pending motion to transfer and/or the Judicial Panel on Multidistrict Litigation rules on AXA's motion to centralize. In light of that, the conference scheduled for July 19, 2017, is ADJOURNED to September 14, 2017, at 3:00 p.m. The parties shall promptly advise the Court of any material developments relating to these cases before the conference date and whether the parties believe that an earlier conference would be warranted in light of such developments. (Status Conference set for 9/14/2017 at 3:00 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 7/17/2017) (ap)
July 13, 2017 Filing 102 LETTER addressed to Judge Jesse M. Furman from Steven G. Sklaver dated July 13, 2017 re: views on consolidation and related matters in response to Court's Order [dkt. 101]. Document filed by Brach Family Foundation, Inc..(Sklaver, Steven)
July 6, 2017 Opinion or Order Filing 101 ORDER: In light of the recent transfer of the two later-filed above-captioned actions as related to Brach Family Foundation, Inc. v. AXA Equitable Life Insurance Co. (Docket No. 16-CV-740), the parties in all three actions are to appear for a conference with the Court on July 19, 2017, at 4:15 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Counsel are directed to confer with each other prior to the conference and to file a joint letter no later than July 13, 2017, addressing whether, and to what extent, these three cases should be consolidated (in view of, among other things, their overlapping subject matter and their different procedural postures) and any other matters counsel believes should be discussed at the conference. (Status Conference set for 7/19/2017 at 04:15 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 7/5/2017) (ras)
May 10, 2017 Opinion or Order Filing 100 ORDER granting #99 Motion for Glenn C. Bridgman to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
May 10, 2017 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #99 AMENDED MOTION for Glenn C. Bridgman 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)
May 9, 2017 Filing 99 AMENDED MOTION for Glenn C. Bridgman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brach Family Foundation, Inc.. (Attachments: #1 Affidavit of Glenn C. Bridgman In Support of Corrected Motion For Admission Pro Hac Vice, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Bridgman, Glenn)
May 9, 2017 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #98 MOTION for Glenn C. Bridgman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13638137. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Attorney Affidavit/Declaration Missing. Please Read Local Rule 1.3;. Re-file the motion as a Corrected 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.. (bcu)
May 8, 2017 Filing 98 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Glenn C. Bridgman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13638137. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brach Family Foundation, Inc.. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Bridgman, Glenn) Modified on 5/9/2017 (bcu).
March 31, 2017 Filing 97 DECLARATION of Robert Christopher Almon in Support re: #74 MOTION to Dismiss Second Amended Complaint.. Document filed by AXA Equitable Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Gelfand, David)
March 31, 2017 Filing 96 REPLY MEMORANDUM OF LAW in Support re: #74 MOTION to Dismiss Second Amended Complaint. . Document filed by AXA Equitable Life Insurance Company. (Attachments: #1 Addendum in Support of Defendant's Request to Seal Documents, #2 Declaration of Harold Luber in Support of AXA's Request to Seal Documents)(Gelfand, David)
March 24, 2017 Filing 95 SEALED DOCUMENT placed in vault.(mps)
March 23, 2017 Opinion or Order Filing 94 ORDER terminating #93 Letter Motion for Discovery. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
March 23, 2017 Filing 93 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Discovery from Third-Party Milliman, Inc. [Unsealed Letter and Exhibits C, E, G] Filed Per Court's Order, Doc. No. 92 addressed to Judge Jesse M. Furman from Mark Musico dated 03/13/2017. Document filed by Brach Family Foundation, Inc.. (Attachments: #1 Exhibit C (Un-Redacted), #2 Exhibit E (Un-Redacted), #3 Exhibit G (Un-Redacted))(Musico, Mark) Modified on 5/3/2017 (ldi).
March 23, 2017 Opinion or Order Filing 92 ORDER denying without prejudice to renewal by formal motion #80 Letter Motion for Discovery; and granting in part and denying in part #81 Motion to Seal Document. Upon review of the parties' letters, the Court is inclined to believe that the materials at issue are protected by either or both the attorney-client privilege and the work-product doctrine. At a minimum, it is not prepared to conclude otherwise on the basis of a letter motion. Accordingly, the motion to compel is denied without prejudice to renewal by formal motion. Before making any such motion, however, counsel shall confer in an effort to resolve or narrow the dispute. (See Docket No. #84 , at 1 n.1 (arguing that Plaintiff's letter motion was premature because the meet-and-confer process had not run its course)). If Plaintiff intends to file a formal motion, counsel shall confer and propose a briefing schedule, expedited or otherwise. Finally, substantially for the reasons stated in AXA's letter at Docket No. #85 , Exhibit F shall remain under seal in its entirety. To the extent it has not already, Plaintiff shall promptly file the other materials on ECF, and shall file Exhibit F with the Court's Sealed Records Department. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
March 21, 2017 Filing 91 NOTICE of Errata re: #86 Response in Opposition to Motion. Document filed by Brach Family Foundation, Inc.. (Attachments: #1 Exhibit A to Notice of Errata)(Sklaver, Steven)
March 21, 2017 Filing 90 LETTER RESPONSE in Support of Motion addressed to Judge Jesse M. Furman from Mark Musico dated March 21, 2017 re: #80 LETTER MOTION for Discovery from Third-Party Milliman, Inc. addressed to Judge Jesse M. Furman from Mark Musico dated 03/13/2017., #81 LETTER MOTION to Seal Document #80 LETTER MOTION for Discovery from Third-Party Milliman, Inc. addressed to Judge Jesse M. Furman from Mark Musico dated 03/13/2017. addressed to Judge Jesse M. Furman from Mark Musico date 3/13/17. Document filed by Brach Family Foundation, Inc.. (Musico, Mark)
March 20, 2017 Opinion or Order Filing 89 ORDER granting #88 Motion to Seal #86 Response in Opposition to Motion. The motion is granted temporarily. If Defendant believes that any of the redacted material should remain redacted, it shall address the issue in its reply memorandum of law. The Court will address whether and to what extent the redacted material can remain redacted when deciding the underlying motion. See generally Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006) (discussing the presumption in favor of public access to judicial documents). (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
March 17, 2017 Filing 88 LETTER MOTION to Seal Document #86 Response in Opposition to Motion addressed to Judge Jesse M. Furman from Rohit Nath dated March 17, 2017. Document filed by Brach Family Foundation, Inc..(Sklaver, Steven)
March 17, 2017 Filing 87 DECLARATION of Seth Ard in Opposition re: #74 MOTION to Dismiss Second Amended Complaint.. Document filed by Brach Family Foundation, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Ard, Seth)
March 17, 2017 Filing 86 RESPONSE in Opposition to Motion re: #74 MOTION to Dismiss Second Amended Complaint. . Document filed by Brach Family Foundation, Inc.. (Sklaver, Steven)
March 17, 2017 Filing 85 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Stacey J. Rappaport dated March 17, 2017 re: #81 LETTER MOTION to Seal Document #80 LETTER MOTION for Discovery from Third-Party Milliman, Inc. addressed to Judge Jesse M. Furman from Mark Musico dated 03/13/2017. addressed to Judge Jesse M. Furman from Mark Musico date Application to Seal Document. Document filed by AXA Equitable Life Insurance Company. (Attachments: #1 Declaration of Harold Luber)(Rappaport, Stacey)
March 17, 2017 Filing 84 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Stacey J. Rappaport dated March 17, 2017 re: #80 LETTER MOTION for Discovery from Third-Party Milliman, Inc. addressed to Judge Jesse M. Furman from Mark Musico dated 03/13/2017. Response to Plaintiff's March 13, 2017 Letter and In Support of Defendant AXA Equitable Life Insurance Co.'s and Milliman Inc.'s Cross-Motion to Quash. Document filed by AXA Equitable Life Insurance Company. (Attachments: #1 Declaration of Ira H. Shuman, #2 Declaration of Steven I. Schreiber, #3 Exhibit 1 - Cover E-mail to Milliman Responses & Objections, #4 Exhibit 2 - Milliman Responses & Objections)(Rappaport, Stacey)
March 15, 2017 Filing 83 AFFIRMATION of Service of Mark Musico in Support re: #80 LETTER MOTION for Discovery from Third-Party Milliman, Inc. addressed to Judge Jesse M. Furman from Mark Musico dated 03/13/2017., #81 LETTER MOTION to Seal Document #80 LETTER MOTION for Discovery from Third-Party Milliman, Inc. addressed to Judge Jesse M. Furman from Mark Musico dated 03/13/2017. addressed to Judge Jesse M. Furman from Mark Musico date. Document filed by Brach Family Foundation, Inc.. (Musico, Mark)
March 15, 2017 Opinion or Order Filing 82 ORDER with respect to #80 Letter Motion for Discovery from Third-Party Milliman, Inc.; and #81 Motion to Seal Document. Plaintiff shall promptly serve the two motions and this Order on Milliman, Inc. and file proof of such service on ECF. Any opposition to Plaintiff's motion for discovery - by Defendant or Milliman, Inc. - shall be filed by March 17, 2017. In any such submission (or, in the absence of such a submission, in a separate submission), Defendant and Milliman, Inc. shall address Plaintiff's motion for leave to file the underlying motion in redacted form. See generally Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006) (discussing the presumption in favor of public access to judicial documents). (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
March 13, 2017 Filing 81 LETTER MOTION to Seal Document #80 LETTER MOTION for Discovery from Third-Party Milliman, Inc. addressed to Judge Jesse M. Furman from Mark Musico dated 03/13/2017. addressed to Judge Jesse M. Furman from Mark Musico dated 03/13/2017. Document filed by Brach Family Foundation, Inc..(Musico, Mark)
March 13, 2017 Filing 80 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Discovery from Third-Party Milliman, Inc. addressed to Judge Jesse M. Furman from Mark Musico dated 03/13/2017. Document filed by Brach Family Foundation, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C - Sealed, #4 Exhibit D, #5 Exhibit E - Sealed, #6 Exhibit F - Sealed, #7 Exhibit G - Sealed, #8 Exhibit H)(Musico, Mark) Modified on 4/19/2017 (ldi).
February 21, 2017 Opinion or Order Filing 79 ORDER granting #77 Motion to Seal Document. The motion is granted temporarily. The Court will address whether to keep the materials under seal in connection with the underlying motion. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
February 18, 2017 Filing 78 NOTICE of Statement Pursuant to Section 23.5 of the Local ECF Rules & Instructions. Document filed by AXA Equitable Life Insurance Company. (Rappaport, Stacey)
February 18, 2017 Filing 77 LETTER MOTION to Seal Document Memorandum of Law in Support of Partial Motion to Dismiss and Exhibits 4,5,9-24 to Declaration of Stacey J. Rappaport in Support of Partial Motion to Dismiss addressed to Judge Jesse M. Furman from Stacey J. Rappaport dated February 17, 2017. Document filed by AXA Equitable Life Insurance Company.(Rappaport, Stacey)
February 18, 2017 Filing 76 DECLARATION of Stacey J. Rappaport in Support re: #74 MOTION to Dismiss Second Amended Complaint.. Document filed by AXA Equitable Life Insurance Company. (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, #28 Exhibit 28)(Rappaport, Stacey)
February 18, 2017 Filing 75 MEMORANDUM OF LAW in Support re: #74 MOTION to Dismiss Second Amended Complaint. . Document filed by AXA Equitable Life Insurance Company. (Gelfand, David)
February 18, 2017 Filing 74 MOTION to Dismiss Second Amended Complaint. Document filed by AXA Equitable Life Insurance Company.(Gelfand, David)
February 15, 2017 Opinion or Order Filing 73 ORDER granting #72 Letter Motion for Extension of Time. The proposed schedule is hereby adopted. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
February 15, 2017 Filing 72 LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from Stacey J. Rappaport dated 2/15/2017. Document filed by AXA Equitable Life Insurance Company.(Rappaport, Stacey)
January 27, 2017 Filing 71 SECOND AMENDED COMPLAINT amending #64 Amended Complaint, against AXA Equitable Life Insurance Company with JURY DEMAND.Document filed by Brach Family Foundation, Inc.. Related document: #64 Amended Complaint, filed by Brach Family Foundation, Inc..(Sklaver, Steven)
January 27, 2017 Filing 70 ENDORSED LETTER addressed to Judge Jesse M. Furman from Stacey J. Rappaport dated 1/27/2017 re: Sealing of Redactions in the Second Amended Complaint. ENDORSEMENT: Duly noted. Counsel is reminded that, absent a request to do otherwise in accordance with the Court's Individual Rules and Practices, all letters must be filed on ECF. (Signed by Judge Jesse M. Furman on 1/27/2017) (cla)
January 27, 2017 Opinion or Order Filing 69 ENDORSED LETTER addressed to Judge Jesse M. Furman from Larry P. Schiffer dated 1/27/17 re: General Re Life respectfully requests that the Court keep in place the redaction order for the two percentages in the fifth sentence of paragraph 82 of the Complaint and not direct plaintiff to file a fully unredacted copy of the Complaint. ENDORSEMENT: Application GRANTED. Plaintiff shall file a new version of the complaint by January 30, 2017, removing all redactions except the two referenced above. SO ORDERED. ( Amended Pleadings due by 1/30/2017.) (Signed by Judge Jesse M. Furman on 1/27/2017) (mro)
January 24, 2017 Opinion or Order Filing 68 ORDER granting #67 Letter Motion for Extension of Time. The deadline to respond to the amended complaint is extended to February 16, 2017. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
January 24, 2017 Filing 67 LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from Stacey J. Rappaport dated 1/24/2017. Document filed by AXA Equitable Life Insurance Company.(Rappaport, Stacey)
January 18, 2017 Opinion or Order Filing 66 MEMO ENDORSEMENT on re: #65 Letter filed by Brach Family Foundation, Inc. ENDORSEMENT: Plaintiff's redactions are approved temporarily. If Defendant believes that the unredacted complaint should remain under seal, it shall file a letter no later than January 27, 2017, explaining why the redactions are consistent with the presumption in favor of public access to judicial documents. See generally Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). The Court notes again that "the mere fact that information is subject to a confidentiality agreement between litigants is not a valid basis to overcome the presumption in favor of public access to judicial documents." In re: Gen. Motors LLC, No. 14-MC-2543 (JMF), 2015 WL 7574460, at *10 (S.D.N.Y. Nov. 25, 2015) (citing cases). If Defendant does not file a letter by the deadline, Plaintiff shall file the unredacted complaint on ECF by January 30, 2017. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/18/2017) (mro)
January 18, 2017 Set/Reset Deadlines: Amended Pleadings due by 1/30/2017. (mro)
January 17, 2017 Filing 65 LETTER addressed to Judge Jesse M. Furman from Seth Ard dated 01/17/2017 re: Pursuant to Hon. Furman's Rule 6.B. Regarding Redactions to Plaintiff's Second Amended Complaint. Document filed by Brach Family Foundation, Inc..(Ard, Seth)
January 17, 2017 Filing 64 SECOND AMENDED COMPLAINT amending #28 Amended Complaint, against AXA Equitable Life Insurance Company with JURY DEMAND.Document filed by Brach Family Foundation, Inc.. Related document: #28 Amended Complaint, filed by Brach Family Foundation, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Sklaver, Steven)
December 19, 2016 Opinion or Order Filing 63 OPINION AND ORDER re: #30 MOTION to Dismiss the First Amended Complaint filed by AXA Equitable Life Insurance Company. For the reasons stated above, AXA's motion to dismiss is DENIED as to the Brach Foundation's contract claim, but GRANTED as to its Section 4226 claim. The Court, however, grants the Brach Foundation leave to amend its complaint to address the deficiencies in its Section 4226 claim. For starters, "where [a] complaint is deficient under Rule 9(b), leave to amend is usually afforded." Official Publ'ns, Inc. v. Kable News Co., 884 F.2d 664, 669 (2d Cir. 1989) (internal quotation marks omitted). On top of that, although the Brach Foundation amended its complaint after AXA's first motion to dismiss (Docket Nos. 18, 19, and 21; FAC), that first complaint did not include a claim under Section 4226. (Compl. 51-57). Thus, this is not a case where there is a "repeated failure to cure deficiencies by amendments previously allowed." In re Eaton Vance Mut. Funds Fee Litig., 403 F. Supp. 2d 310, 319 (S.D.N.Y. 2005) (internal quotation marks omitted), aff'd sub nom. Bellikoff v. Eaton Vance Corp., 481 F.3d 110 (2d Cir. 2007); see also Sanchez, 2015 WL 3540836, at *13-14 (allowing leave to amend to address Rule 9(b) deficiencies even where the defendant's motion to dismiss an earlier complaint had raised the issue). Accordingly, the Brach Foundation is hereby given leave to file a second amended complaint within four weeks of the date of this Opinion and Order; the Brach Foundation will not be given any further opportunity to amend to address the defects addressed in this Opinion and Order. If the Brach Foundation does amend, AXA shall have three weeks in which to respond to the new complaint. If the Brach Foundation does not amend, AXA shall file its answer (with respect to the contract claim) within three weeks of the deadline passing. The Clerk of Court is directed to terminate Docket No. 30. (Signed by Judge Jesse M. Furman on 12/19/2016) (cla)
December 12, 2016 Opinion or Order Filing 62 ORDER denying without prejudice #55 Motion to Appoint Counsel Pursuant to FRCP 23(g). The Court has little doubt that Susman Godfrey LLP would be a worthy candidate for appointment as interim lead counsel if such appointment were appropriate. But, substantially for the reasons stated by Defendant in its opposition to the motion (Docket No. #58 ), the Court concludes that such appointment is not necessary at this time. Put simply, absent concrete evidence of confusion, inefficiencies, or the like, the existence of a few related cases (and non-class cases, no less) does not, in the Court's view, trigger the need to appoint interim class counsel. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
December 9, 2016 Filing 61 DECLARATION of Rohit D. Nath in Support re: #55 MOTION to Appoint Counsel Pursuant to FRCP 23(g).. Document filed by Brach Family Foundation, Inc.. (Attachments: #1 Exhibit 1 to Declaration of Rohit D. Nath ISO Reply)(Nath, Rohit)
December 9, 2016 Filing 60 REPLY to Response to Motion re: #55 MOTION to Appoint Counsel Pursuant to FRCP 23(g). . Document filed by Brach Family Foundation, Inc.. (Sklaver, Steven)
December 2, 2016 Filing 59 DECLARATION of Daniel R. Walfish in Opposition re: #55 MOTION to Appoint Counsel Pursuant to FRCP 23(g).. Document filed by AXA Equitable Life Insurance Company. (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)(Walfish, Daniel)
December 2, 2016 Filing 58 MEMORANDUM OF LAW in Opposition re: #55 MOTION to Appoint Counsel Pursuant to FRCP 23(g). Defendant's Memorandum of Law in Opposition to Plaintiff's Motion to Appoint Interim Class Counsel Pursuant to Fed. R. Civ. P. 23(g). Document filed by AXA Equitable Life Insurance Company. (Gelfand, David)
November 18, 2016 Filing 57 DECLARATION of Seth Ard in Support re: #55 MOTION to Appoint Counsel Pursuant to FRCP 23(g).. Document filed by Brach Family Foundation, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Ard, Seth)
November 18, 2016 Filing 56 MEMORANDUM OF LAW in Support re: #55 MOTION to Appoint Counsel Pursuant to FRCP 23(g). . Document filed by Brach Family Foundation, Inc.. (Ard, Seth)
November 18, 2016 Filing 55 MOTION to Appoint Counsel Pursuant to FRCP 23(g). Document filed by Brach Family Foundation, Inc..(Ard, Seth)
October 18, 2016 Filing 54 NOTICE OF APPEARANCE by Mark P. Musico on behalf of Brach Family Foundation, Inc.. (Musico, Mark)
September 13, 2016 Opinion or Order Filing 53 STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...This stipulation binds the parties to treat as confidential the documents so classified. This Court, however, has not reviewed the documents referenced herein; therefore, by so ordering this stipulation, the Court makes no finding as to whether the documents are confidential. That finding will be made, if ever, upon a document-by-document review pursuant to the procedures set forth in the Court's Individual Rules and Practices. To that end, the Court does NOT so order Paragraph 8 to the extent that it purports to authorize the parties to file documents under seal without a prior Court order. (Signed by Judge Jesse M. Furman on 9/12/2016) (tn)
July 21, 2016 Filing 52 NOTICE of of Withdrawal of Appearance. Document filed by Brach Family Foundation, Inc.. (Sklaver, Steven)
July 8, 2016 Filing 51 REPLY MEMORANDUM OF LAW in Support re: #30 MOTION to Dismiss the First Amended Complaint. . Document filed by AXA Equitable Life Insurance Company. (Gelfand, David)
July 1, 2016 Filing 50 DECLARATION of Steven G. Sklaver in Opposition re: #30 MOTION to Dismiss the First Amended Complaint.. Document filed by Brach Family Foundation, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Sklaver, Steven)
July 1, 2016 Filing 49 MEMORANDUM OF LAW in Opposition re: #30 MOTION to Dismiss the First Amended Complaint. . Document filed by Brach Family Foundation, Inc.. (Sklaver, Steven)
July 1, 2016 Opinion or Order Filing 48 ORDER with respect to #47 Motion to Seal Document. In light of Defendants' letter, Plaintiff shall promptly file the relevant documents on ECF. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
June 30, 2016 Filing 47 LETTER MOTION to Seal Document 46 Order on Motion for Extension of Time, 44 Order on Motion to Seal Document, 40 Order on Motion to Seal Document,,,, addressed to Judge Jesse M. Furman from Stacey J. Rappaport dated June 30, 2016. Document filed by AXA Equitable Life Insurance Company.(Rappaport, Stacey)
June 24, 2016 Opinion or Order Filing 46 ORDER granting #45 Letter Motion for Extension of Time. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
June 24, 2016 Filing 45 LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from Stacey J. Rappaport dated June 24, 2016. Document filed by AXA Equitable Life Insurance Company.(Rappaport, Stacey)
June 24, 2016 Opinion or Order Filing 44 ORDER granting #43 Motion to Seal Document on the same terms and for the same reasons as set forth in Docket No. 40 . (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
June 23, 2016 Filing 43 LETTER MOTION to Seal Document #42 Declaration in Opposition to Motion, #41 Memorandum of Law in Opposition to Motion to Dismiss First Amended Complaint addressed to Judge Jesse M. Furman from Steven G. Sklaver dated 06/23/2016. Document filed by Brach Family Foundation, Inc..(Sklaver, Steven)
June 23, 2016 Filing 42 DECLARATION of Steven G. Sklaver in Opposition re: #30 MOTION to Dismiss the First Amended Complaint.. Document filed by Brach Family Foundation, Inc.. (Attachments: #1 Exhibit A - Sealed, #2 Exhibit B - Sealed)(Sklaver, Steven)
June 23, 2016 Filing 41 MEMORANDUM OF LAW in Opposition re: #30 MOTION to Dismiss the First Amended Complaint. . Document filed by Brach Family Foundation, Inc.. (Sklaver, Steven)
June 22, 2016 Opinion or Order Filing 40 ORDER granting #39 Motion to Seal Document. Plaintiff's motion to seal is granted temporarily. If Defendant believes that the unredacted memorandum, declaration, and exhibits should remain under seal, it shall file a letter no later than June 29, 2016, explaining why the redactions are consistent with the presumption in favor of public access to judicial documents. See generally Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). The Court notes again that "the mere fact that information is subject to a confidentiality agreement between litigants is not a valid basis to overcome the presumption in favor of public access to judicial documents." In re: Gen. Motors LLC, No. 14-MC-2543 (JMF), 2015 WL 7574460, at *10 (S.D.N.Y. Nov. 25, 2015) (citing cases). If Defendant does not file a letter by June 29, 2016, Plaintiff shall file the unredacted memorandum, declaration, and exhibits on ECF by June 30, 2016. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
June 21, 2016 Filing 39 LETTER MOTION to Seal Document #38 Memorandum of Law in Opposition to Motion, Affidavit of Steven G. Sklaver, and Exhibits A and B addressed to Judge Jesse M. Furman from Steven G. Sklaver dated 06/21/2016. Document filed by Brach Family Foundation, Inc..(Sklaver, Steven)
June 21, 2016 Filing 38 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: #30 MOTION to Dismiss the First Amended Complaint. . Document filed by Brach Family Foundation, Inc.. (Attachments: #1 Affidavit of Steven G. Sklaver ISO Opposition to Motion to Dismiss First Amended Complaint, #2 Exhibit A - Confidential Filed Under Seal, #3 Exhibit B - Confidential Filed Under Seal)(Sklaver, Steven) Modified on 6/23/2016 (db).
June 9, 2016 Filing 37 NOTICE OF CHANGE OF ADDRESS by Seth D. Ard on behalf of Brach Family Foundation, Inc.. New Address: Susman Godfrey L.L.P., 1301 Avenue of the Americas, 32nd Floor, New York, NY, 10019, (212) 336-8330. (Ard, Seth)
June 2, 2016 ***DELETED DOCUMENT. Deleted document number #37 NOTICE OF FILING OF OFFICIAL TRANSCRIPT. The document was incorrectly filed in this case. (mt)
June 2, 2016 Filing 36 TRANSCRIPT of Proceedings re: conference held on 5/16/2016 before Judge Jesse M. Furman. 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 6/27/2016. Redacted Transcript Deadline set for 7/8/2016. Release of Transcript Restriction set for 9/5/2016.(McGuirk, Kelly)
May 31, 2016 Opinion or Order Filing 35 ORDER denying as moot #18 Motion to Dismiss. In light of Defendant's new motion to dismiss (Docket No. #30 ), the earlier motion to dismiss (Docket No. #18 ) is denied as moot. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
May 31, 2016 Opinion or Order Filing 34 ORDER granting #33 Motion for Rohit D. Nath to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
May 31, 2016 Filing 33 MOTION for Rohit D. Nath to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12359143. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brach Family Foundation, Inc.. (Attachments: #1 Text of Proposed Order re Motion for Admission Pro Hac Vice)(Nath, Rohit)
May 31, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #33 MOTION for Rohit D. Nath to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12359143. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
May 27, 2016 Filing 32 DECLARATION of Stacey J. Rappaport in Support re: #30 MOTION to Dismiss the First Amended Complaint.. Document filed by AXA Equitable Life Insurance Company. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4)(Rappaport, Stacey)
May 27, 2016 Filing 31 MEMORANDUM OF LAW in Support re: #30 MOTION to Dismiss the First Amended Complaint. . Document filed by AXA Equitable Life Insurance Company. (Gelfand, David)
May 27, 2016 Filing 30 MOTION to Dismiss the First Amended Complaint. Document filed by AXA Equitable Life Insurance Company.(Gelfand, David)
May 16, 2016 Minute Entry for proceedings held before Judge Jesse M. Furman: Telephone Conference held on 5/16/2016. Court reporter present. (ab)
May 16, 2016 Opinion or Order Filing 29 ORDER denying #23 Motion to Seal Document: As discussed on the record during the telephone conference held earlier today, Defendant's motion to seal the Amended Complaint in its unredacted form is denied. Plaintiff is directed to file an unredacted version of the Amended Complaint on the docket. For the record, the letters the Court received from the parties regarding Defendant's motion to seal are attached to this order as Exhibit A. The Clerk of Court is directed to terminate Docket No. 23. (Signed by Judge Jesse M. Furman on 5/16/2016) (tn)
May 16, 2016 Filing 28 FIRST AMENDED COMPLAINT amending #22 Amended Complaint, #1 Complaint against AXA Equitable Life Insurance Company with JURY DEMAND.Document filed by Brach Family Foundation, Inc.. Related document: #22 Amended Complaint filed by Brach Family Foundation, Inc., #1 Complaint filed by Brach Family Foundation, Inc..(Ard, Seth)
May 16, 2016 Opinion or Order Filing 27 ORDER granting #26 Letter Motion for Extension of Time. The parties' proposed briefing schedule is hereby adopted. Accordingly, any motion to dismiss shall be filed by May 27, 2016; any opposition shall be filed by June 21, 2016; and any reply shall be filed by July 8, 2016. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
May 16, 2016 Filing 26 LETTER MOTION for Extension of Time to File addressed to Judge Jesse M. Furman from Stacey J. Rappaport dated May 16, 2016. Document filed by AXA Equitable Life Insurance Company.(Rappaport, Stacey)
May 12, 2016 Opinion or Order Filing 25 ORDER: On May 3, 2016, the Court temporarily granted Plaintiff's motion to seal its unredacted Amended Complaint and directed Defendant to file a letter by May 10, 2016, explaining why the proposed redactions are consistent with the presumption in favor of public access to judicial documents. (Docket No. 24). On May 10, 2016, Defendant submitted a letter to the Court via email, copying Plaintiff's counsel, explaining why two categories of information should be allowed to remain redacted. After reviewing Defendant's letter, the Court is inclined to allow most of the information in the first category to remain redacted (namely, all but the proposed redactions to Paragraphs 48 and 74 and the first proposed redaction in Paragraph 27). The Court is not inclined, however, to allow the second set of redactions (namely, the proposed redactions to Paragraphs 4, 63, and 74-76). Finally, the Court sees no reason or basis to keep Defendant's letter of May 10, 2016 under seal, let alone in its entirety. It is hereby ORDERED that the parties appear for a telephone conference with the Court on May 16, 2016, at 2:15 pm to address these issues. At that time, Defendant's counsel shall call the Court, with Plaintiff's counsel on the line, at (212) 805-0282. (Telephone Conference set for 5/16/2016 at 02:15 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 5/11/2016) (kko)
May 3, 2016 Opinion or Order Filing 24 ORDER with respect to #23 Motion to Seal Document. Plaintiff's motion to seal is granted temporarily. If Defendant believes that the unredacted complaint should remain under seal, it shall file a letter no later than May 10, 2016, explaining why the redactions are consistent with the presumption in favor of public access to judicial documents. See generally Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). The Court notes that "the mere fact that information is subject to a confidentiality agreement between litigants is not a valid basis to overcome the presumption in favor of public access to judicial documents." In re: Gen. Motors LLC, No. 14-MC-2543 (JMF), 2015 WL 7574460, at *10 (S.D.N.Y. Nov. 25, 2015) (citing cases). If Defendant does not file a letter by May 10, 2016, Plaintiff shall file the unredacted complaint on ECF by May 11, 2016. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
May 2, 2016 Filing 23 LETTER MOTION to Seal Document #22 Amended Complaint in its unredacted form addressed to Judge Jesse M. Furman from Seth Ard dated 5/2/2016. Document filed by Brach Family Foundation, Inc..(Ard, Seth)
May 2, 2016 Filing 22 AMENDED COMPLAINT amending #1 Complaint against AXA Equitable Life Insurance Company with JURY DEMAND.Document filed by Brach Family Foundation, Inc.. Related document: #1 Complaint filed by Brach Family Foundation, Inc..(Ard, Seth)
April 12, 2016 Opinion or Order Filing 21 ORDER: It is hereby ORDERED that Plaintiff shall file any amended complaint by May 2, 2016. Plaintiff will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. If Plaintiff does amend, by three (3) weeks after the amended complaint is filed, Defendant shall: (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying Plaintiff, stating that it relies on the previously filed motion to dismiss. If Defendant files an answer or a new motion to dismiss, the Court will deny the previously filed motion to dismiss as moot. It is further ORDERED that if no amended complaint is filed, Plaintiff shall serve any opposition to the motion to dismiss by May 2, 2016. Defendant's reply, if any, shall be served by May 9, 2016. At the time any reply is served, the moving party shall supply the Court with one courtesy hard copy of all motion papers by mailing or delivering them to the United States Courthouse, 40 Centre Street, New York, New York. Finally, it is further ORDERED that the initial pretrial conference scheduled for April 20, 2016, is adjourned sine die. (As further set forth in this Order.) Amended Pleadings due by 5/2/2016. (Signed by Judge Jesse M. Furman on 4/12/2016) (kgo)
April 11, 2016 Filing 20 DECLARATION of Stacey J. Rappaport in Support re: #18 MOTION to Dismiss the Complaint.. Document filed by AXA Equitable Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Gelfand, David)
April 11, 2016 Filing 19 MEMORANDUM OF LAW in Support re: #18 MOTION to Dismiss the Complaint. . Document filed by AXA Equitable Life Insurance Company. (Gelfand, David)
April 11, 2016 Filing 18 MOTION to Dismiss the Complaint. Document filed by AXA Equitable Life Insurance Company.(Gelfand, David)
February 18, 2016 Opinion or Order Filing 17 ORDER granting #16 Letter Motion for Extension of Time to Answer. AXA Equitable Life Insurance Company's deadline to answer is hereby extended to 4/11/2016. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
February 18, 2016 Filing 16 LETTER MOTION for Extension of Time to File Answer or Motion addressed to Judge Jesse M. Furman from Stacey J. Rappaport dated February 18, 2016. Document filed by AXA Equitable Life Insurance Company.(Rappaport, Stacey)
February 18, 2016 Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent AXA S.A., Corporate Parent AXA Financial, Inc. for AXA Equitable Life Insurance Company. Document filed by AXA Equitable Life Insurance Company.(Gelfand, David)
February 18, 2016 Filing 14 NOTICE OF APPEARANCE by Daniel Robert Walfish on behalf of AXA Equitable Life Insurance Company. (Walfish, Daniel)
February 18, 2016 Filing 13 NOTICE OF APPEARANCE by Stacey Jill Rappaport on behalf of AXA Equitable Life Insurance Company. (Rappaport, Stacey)
February 18, 2016 Filing 12 NOTICE OF APPEARANCE by David Robert Gelfand on behalf of AXA Equitable Life Insurance Company. (Gelfand, David)
February 16, 2016 Filing 11 CERTIFICATE OF SERVICE of Initial Pretrial Conference and Rules served on AXA Equitable Life Insurance Company on 02/08/2016. Document filed by Brach Family Foundation, Inc.. (Ard, Seth)
February 12, 2016 Opinion or Order Filing 10 ORDER granting #9 Motion for Steven G. Sklaver to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
February 11, 2016 Filing 9 MOTION for Steven G. Sklaver to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11946208. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brach Family Foundation, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)(Sklaver, Steven)
February 11, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for Steven G. Sklaver to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11946208. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
February 4, 2016 Filing 8 NOTICE OF APPEARANCE by Frances Sarah Lewis on behalf of Brach Family Foundation, Inc.. (Lewis, Frances)
February 3, 2016 Filing 7 SUMMONS RETURNED EXECUTED Summons and Complaint served. AXA Equitable Life Insurance Company served on 2/2/2016, answer due 2/23/2016. Service was accepted by Jean Solanto. Document filed by Brach Family Foundation, Inc.. (Ard, Seth)
February 3, 2016 Opinion or Order Filing 6 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/20/2016 at 04:15 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (As further set forth in this Order.) (Signed by Judge Jesse M. Furman on 2/3/2016) (cf)
February 2, 2016 Filing 5 ELECTRONIC SUMMONS ISSUED as to AXA Equitable Life Insurance Company. (rch)
February 2, 2016 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Seth D. Ard. The party information for the following party/parties has been modified: Brach Family Foundation, Inc.. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (rch)
February 2, 2016 ***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Seth D. Ard. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to Kings. (rch)
February 2, 2016 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (rch)
February 2, 2016 Magistrate Judge Henry B. Pitman is so designated. (rch)
February 2, 2016 Case Designated ECF. (rch)
February 1, 2016 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to AXA Equitable Life Insurance Company, re: #1 Complaint. Document filed by Brach Family Foundation, Inc.. (Ard, Seth)
February 1, 2016 Filing 3 CIVIL COVER SHEET filed. (Ard, Seth)
February 1, 2016 Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Brach Family Foundation, Inc..(Ard, Seth)
February 1, 2016 Filing 1 COMPLAINT against AXA Equitable Life Insurance Company. (Filing Fee $ 400.00, Receipt Number 0208-11902817)Document filed by Brach Family Foundation, Inc.. (Attachments: #1 Exhibit A - Policy)(Ard, Seth)

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Search for this case: In re: AXA Equitable Life Insurance Company
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Plaintiff: Brach Family Foundation, Inc.
Represented By: Mark P. Musico
Represented By: Halley Wilder Josephs
Represented By: Steven Gerald Sklaver
Represented By: Seth D. Ard
Represented By: Rohit Nath
Represented By: Glenn Charles Bridgman
Represented By: Frances Sarah Lewis
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Plaintiff: Allen Dyer
Represented By: Steven Gerald Sklaver
Represented By: Rohit Nath
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Plaintiff: Secondary Life Three LLC
Represented By: Deborah Kravitz
Represented By: Robert Bruce Carey
Represented By: Michael Aschenbrener
Represented By: Leonard W. Aragon
Represented By: Scott Adam Kamber
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Plaintiff: Jeremy Wenokur
Represented By: Deborah Kravitz
Represented By: Robert Bruce Carey
Represented By: Michael Aschenbrener
Represented By: Leonard W. Aragon
Represented By: Scott Adam Kamber
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Plaintiff: Malcolm Currie
Represented By: Steven Gerald Sklaver
Represented By: Rohit Nath
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Defendant: AXA Equitable Life Insurance Company
Represented By: Stacey Jill Rappaport
Represented By: Andrea Gail Hood
Represented By: Daniel Robert Walfish
Represented By: David Robert Gelfand
Represented By: Scott Alexander Edelman
Represented By: Larry Howard Krantz
Represented By: Robert Charles Hora
Represented By: Hugh Daniel Sandler
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Interested party: DLP Master Trust
Represented By: Khai LeQuang
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Interested party: Wells Fargo Bank, National Association, as securities intermediary for LSH II CO
Represented By: Timothy Wood Grinsell
Represented By: Andrei Vrabie
Represented By: Daniel Peter Goldberg
Represented By: Dorit Ungar Black
Represented By: Jayme Alyse Jonat
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Interested party: DLP Master Trust III
Represented By: Khai LeQuang
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Interested party: PricewaterhouseCoopers LLP
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Interested party: DLP Master Trust II
Represented By: Khai LeQuang
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Interested party: GWG DLP Master Trust
Represented By: Khai LeQuang
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Interested party: Greenwich Settlements Master Trust
Represented By: Khai LeQuang
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Interested party: Palm Beach Settlement Company
Represented By: Khai LeQuang
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Interested party: Life Funding Trust
Represented By: Khai LeQuang
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Interested party: Wells Fargo Bank, National Association as securities intermediary for EFG Bank AG, Cayman Branch
Represented By: Khai LeQuang
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Interested party: PF Participation Funding Trust
Represented By: Khai LeQuang
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Interested party: EFG Bank AG, Cayman Branch
Represented By: Khai LeQuang
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Interested party: LSH II CO
Represented By: Timothy Wood Grinsell
Represented By: Andrei Vrabie
Represented By: Daniel Peter Goldberg
Represented By: Dorit Ungar Black
Represented By: Jayme Alyse Jonat
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Interested party: Wells Fargo Bank, National Association, as securities intermediary for LSH CO
Represented By: Timothy Wood Grinsell
Represented By: Andrei Vrabie
Represented By: Daniel Peter Goldberg
Represented By: Dorit Ungar Black
Represented By: Jayme Alyse Jonat
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Interested party: LSH CO
Represented By: Timothy Wood Grinsell
Represented By: Andrei Vrabie
Represented By: Daniel Peter Goldberg
Represented By: Dorit Ungar Black
Represented By: Jayme Alyse Jonat
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Interested party: CMG Life Services Inc.
Represented By: Andrei Vrabie
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Interested party: CMG Surety LLC
Represented By: Andrei Vrabie
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Consolidated plaintiff: John N Croft Irrevocable Trust
Represented By: John Neal Wilborn
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Not yet classified: Leon Perlmutter
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