Tera Group, Inc. et al v. Bank of America Corporation et al
Plaintiff: Tera Group, Inc, Tera Advanced Technologies, LLC, TeraExchange, LLC and Tera Group, Inc.
Defendant: Bank of America Corporation, Citigroup Global Markets Inc., J.P. Morgan Securities LLC, Royal Bank of Scotland PLC, ICAP Capital Markets LLC, Deutsche Bank Securities Inc., Credit Suisse Securities (USA) LLC, Goldman, Sachs & Co., Barclays PLC, Barclays Capital Inc., J.P. Morgan Chase Bank, N.A., J.P. Morgan Chase & Co., Tradeweb Markets LLC, UBS AG, Goldman Sachs Financial Markets, L.P., HSBC Securities (USA) Inc., Morgan Stanley Capital Services LLC, Deutsche Bank AG, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. International PLC, ICAP SEF (US) LLC, The Goldman Sachs Group, Inc., Morgan Stanley Bank International Limited, Citibank N.A., Morgan Stanley Derivative Products Inc., HSBC Bank USA, N.A., UBS Securities LLC, Morgan Stanley & Co. LLC, BNP Paribas Securities Corp., Goldman Sachs International, Credit Suisse International, Credit Suisse AG, The Royal Bank of Scotland Group PLC, HSBC Bank PLC, J.P. Morgan Securities PLC, Goldman Sachs Bank USA, Citigroup, Inc., Barclays Bank PLC, Credit Suisse Group AG, Bank of America, N.A., Morgan Stanley, RBS Securities Inc., Morgan Stanley Bank, N.A., BNP Paribas, S.A. and Citigroup Global Markets Limited
Interested Party: The New York Times Company
Case Number: 1:2016cv02858
Filed: April 18, 2016
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Paul A Engelmayer
Referring Judge: J Paul Oetken
Nature of Suit: Anti-Trust
Cause of Action: 15 U.S.C. § 1 Antitrust Litigation (Monopolizing Trade)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 22, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 22, 2021 Opinion or Order Filing 229 MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF TARA H. CURTIN AND ORDER: re: (963 in 1:16-md-02704-JPO) filed by Credit Suisse AG, Credit Suisse Securities (USA) LLC, Credit Suisse Group AG, Credit Suisse International. ENDORSEMENT: So Ordered. Attorney Tara Halsch Curtin terminated. (Signed by Judge J. Paul Oetken on 9/22/2021) Filed In Associated Cases: 1:16-md-02704-JPO et al. (js)
March 31, 2021 Filing 228 SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate JPMorgan Chase & Co., Other Affiliate The Vanguard Group, Inc. for J.P Morgan Securities LLC, J.P Morgan Securities LLC, J.P Morgan Securities LLC, J.P. Morgan Chase Bank N.A., J.P. Morgan Chase Bank N.A., J.P. Morgan Chase Bank N.A., J.P. Morgan Chase Bank, N.A., J.P. Morgan Chase Bank, N.A., J.P. Morgan Chase Bank, N.A., J.P. Morgan Chase Bank, N.A., J.P. Morgan Chase Bank, N.A., J.P. Morgan Chase Bank, N.A., J.P. Morgan Chase Bank, N.A., J.P. Morgan Chase Bank, N.A., J.P. Morgan Chase Bank, N.A., J.P. Morgan Securities LLC, J.P. Morgan Securities LLC, J.P. Morgan Securities LLC, J.P. Morgan Securities LLC, J.P. Morgan Securities LLC, J.P. Morgan Securities LLC, J.P. Morgan Securities LLC, J.P. Morgan Securities LLC, J.P. Morgan Securities LLC, J.P. Morgan Securities PLC, J.P. Morgan Securities PLC, J.P. Morgan Securities PLC, J.P. Morgan Securities PLC, J.P. Morgan Securities PLC, J.P. Morgan Securities PLC, J.P. Morgan Securities PLC, J.P. Morgan Securities PLC, J.P. Morgan Securities PLC, J.P. Morgan Securities PLC, J.P. Morgan Securities PLC, J.P. Morgan Securities PLC; Other Affiliate The Vanguard Group, Inc. for J.P. Morgan Chase & Co., J.P. Morgan Chase & Co., J.P. Morgan Chase & Co., J.P. Morgan Chase & Co., J.P. Morgan Chase & Co., J.P. Morgan Chase & Co., J.P. Morgan Chase & Co., J.P. Morgan Chase & Co., J.P. Morgan Chase & Co., J.P. Morgan Chase & Co., J.P. Morgan Chase & Co., J.P. Morgan Chase & Co.. Document filed by J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A., J.P. Morgan Securities LLC, J.P. Morgan Securities PLC, J.P. Morgan Chase & Co., J.P. Morgan Securities LLC, J.P Morgan Securities LLC, J.P. Morgan Chase & Co., J.P. Morgan Chase Bank N.A., J.P. Morgan Chase & Co., J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A., J.P. Morgan Securities LLC, J.P. Morgan Securities PLC, J.P. Morgan Chase & Co..Filed In Associated Cases: 1:16-md-02704-JPO et al..(Playforth, John)
March 5, 2021 Opinion or Order Filing 227 ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL in case 1:15-cv-09319-JPO; granting (941) MOTION for Jessica D. Rostoker to Withdraw as Attorney. The motion of Jessica D. Rostoker to withdraw as counsel on behalf of Defendants Barclays Bank PLC and Barclays Capital Inc., and for Jessica D. Rostoker to be removed from the CM/ECF service list for this matter, is GRANTED. SO ORDERED. Attorney Jessica Danielle Rostoker terminated in case 1:16-md-02704-JPO. (Signed by Judge J. Paul Oetken on 3/5/2021) Filed In Associated Cases: 1:16-md-02704-JPO et al. (jca)
January 21, 2021 Opinion or Order Filing 226 MEMO ENDORSEMENT on NOTICE AND ORDER TO WITHDRAW AS COUNSEL on re: (935 in 1:16-md-02704-JPO) Proposed Order for Withdrawal of Attorney filed by Citigroup Global Markets Limited, Citibank N.A., Citigroup Global Markets Inc., Citigroup, Inc., ENDORSEMENT: SO ORDERED. (Signed by Judge J. Paul Oetken on 1/21/2021) Attorney Jessica Anne Morton terminated. Filed In Associated Cases: 1:16-md-02704-JPO et al. (ks) Modified on 1/21/2021 (ks).
January 11, 2021 Opinion or Order Filing 225 MEMO ENDORSEMENT on ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL: in case 1:16-cv-02858-JPO; granting (933) Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. Attorney Robert Clarence Penn, Jr terminated in case 1:16-md-02704-JPO. (Signed by Judge J. Paul Oetken on 1/11/2021) Filed In Associated Cases: 1:16-md-02704-JPO, 1:16-cv-02858-JPO, 1:16-cv-03542-JPO, 1:18-cv-05361-JPO (ama)
December 21, 2020 Opinion or Order Filing 224 ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL in case 1:15-cv-09319-JPO; granting (930) MOTION for Brittany M. Lischinsky to Withdraw as Attorney. The motion of Brittany M. Lischinsky to withdraw as counsel on behalf of BNP Paribas S.A. and BNP Securities Corp., and for Brittany M. Lischinsky to be removed from the CM/ECF service list for this matter, is GRANTED. SO ORDERED. Attorney Brittany Marie Lischinsky terminated in case 1:16-md-02704-JPO (Signed by Judge J. Paul Oetken on 12/21/2020) Filed In Associated Cases: 1:16-md-02704-JPO et al. (jca)
October 28, 2020 Opinion or Order Filing 223 ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL: The motion of David C. Bohan to withdraw as counsel on behalf of UBS AG and UBS Securities LLC, and for David C. Bohan to be removed from the CM/ECF service list for this matter, is GRANTED. So Ordered, in case 1:15-cv-09319-JPO; granting (927) Motion to Withdraw as Attorney. Attorney David Charles Bohan terminated in case 1:16-md-02704-JPO. (Signed by Judge J. Paul Oetken on 10/28/2020) Filed In Associated Cases: 1:16-md-02704-JPO et al. (js)
September 24, 2020 Opinion or Order Filing 222 ORDER granting #210 Letter Motion for Extension of Time to File Response/Reply: SO ORDERED NUNC PRO TUNC. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
August 25, 2020 Opinion or Order Filing 221 ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL in case 1:15-cv-09319-JPO; granting (925) Motion to Withdraw as Attorney. The motion of Joseph C. Platt to withdraw as counsel on behalf of UBS AG and UBS Securities LLC, and for Joseph C. Platt to be removed from the CM/ECF service list for this matter, is GRANTED. SO ORDERED this 25th day of August 2020 (Signed by Judge J. Paul Oetken on 8/25/2020) Attorney Joseph Curtis Platt terminated in case 1:16-md-02704-JPO Filed In Associated Cases: 1:16-md-02704-JPO et al. (ks)
July 24, 2020 Opinion or Order Filing 220 ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL in case 1:15-cv-09319-JPO; granting (918) Motion to Withdraw as Attorney. The motion of Kristin Coveney (now Kristin C. Foster) to withdraw as counsel on behalf of UBS AG and UBS Securities LLC, and for Kristin Coveney to be removed from the CM/ECF service list for this matter, is GRANTED. (Signed by Judge J. Paul Oetken on 7/24/2020) Attorney Kristin Coveney terminated in case 1:16-md-02704-JPO Filed In Associated Cases: 1:16-md-02704-JPO et al. (ks)
January 7, 2020 Opinion or Order Filing 219 ORDER: granting (908) Letter Motion for Leave to File Document in case 1:16-md-02704-JPO. Granted. SO ORDERED. (Signed by Judge J. Paul Oetken on 1/07/2020) Filed In Associated Cases: 1:16-md-02704-JPO et al. (ama)
January 6, 2020 Opinion or Order Filing 218 MEMO ENDORSEMENT on re: (902 in 1:16-md-02704-JPO) NOTICE AND [PROPOSED] ORDER TO WITHDRAW AS COUNSEL filed by Citigroup Global Markets Limited, Citibank N.A., Citigroup Global Markets Inc., Citigroup, Inc., ENDORSEMENT: So ordered. Attorney Christopher Michael Andrews terminated. (Signed by Judge J. Paul Oetken on 1/6/2020). Filed In Associated Cases: 1:16-md-02704-JPO et al., as per Chambers. (rjm)
January 6, 2020 Opinion or Order Filing 217 ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL in case 1:15-cv-09319-JPO; granting (900) Motion to Withdraw as Attorney. Before the Court is the Motion to Withdraw the appearance of Lauren A. Bowman as counsel on behalf of Defendants BNP Paribas S.A. and BNP Paribas Securities Corp. ("Defendants") in the above referenced case. Having considered the Motion, the Court is of the opinion that it should be granted. IT IS on this 6th day of January, 2020, hereby ORDERED that Lauren A. Bowman shall be deemed to have withdrawn as counsel for Defendants. Attorney Lauren A Bowman terminated in case 1:16-md-02704-JPO. (Signed by Judge J. Paul Oetken on 1/6/2020) Filed In Associated Cases: 1:16-md-02704-JPO et al. (kv)
January 6, 2020 Opinion or Order Filing 216 MEMO ENDORSEMENT on re: (901 in 1:16-md-02704-JPO) Proposed Order for Withdrawal of Attorney filed by Citigroup Global Markets Limited, Citibank N.A., Citigroup Global Markets Inc., Citigroup, Inc.. ENDORSEMENT: SO ORDERED. Attorney Ravi Sharma terminated. (Signed by Judge J. Paul Oetken on 1/6/2020) Filed In Associated Cases: 1:16-md-02704-JPO et al.(kv)
December 17, 2019 Opinion or Order Filing 215 MEMO ENDORSEMENT on re: (886 in 1:16-md-02704-JPO) Letter Daubert Replies and Motion to Strike, filed by Los Angeles County Employees Retirement Association, Public School Teachers' Pension and Retirement Fund of Chicago, Set Deadlines/Hearing as to (886 in 1:16-md-02704-JPO) Letter, (874 in 1:16-md-02704-JPO) MOTION to Exclude the Expert Report and Testimony of Dr. Christopher L. Culp ., (877 in 1:16-md-02704-JPO) MOTION to Exclude the Expert Report and Testimony of Peter C. Reiss . ENDORSEMENT: Plaintiffs shall file their reply papers for the Daubert motions on or before January 6, 2020. Plaintiffs' motion to strike is denied; the Court will simply disregard any inappropriate material in the submissions. Plaintiffs' motion to file a sur-surreply is denied as unnecessary. So ordered. :(Replies due by 1/6/2020.) (Signed by Judge J. Paul Oetken on 12/16/19) Filed In Associated Cases: 1:16-md-02704-JPO et al.(yv)
November 21, 2019 Opinion or Order Filing 214 ORDER NO. 76: Accordingly, Plaintiffs' motion to compel the production of Defendants' pricing algorithms is denied. SO ORDERED. (Signed by Judge J. Paul Oetken on 11/21/2019) Filed In Associated Cases: 1:16-md-02704-JPO et al.(ks)
November 19, 2019 Opinion or Order Filing 213 MEMO ENDORSEMENT on re: (866 in 1:16-md-02704-JPO) Letter, filed by Los Angeles County Employees Retirement Association, Public School Teachers' Pension and Retirement Fund of Chicago. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge J. Paul Oetken on 11/19/2019) Filed In Associated Cases: 1:16-md-02704-JPO et al.(jca)
October 22, 2019 Opinion or Order Filing 212 ORDER re: (859 in 1:16-md-02704-JPO) Letter, filed by J.P. Morgan Securities LLC, J.P. Morgan Chase Bank, N.A., J.P. Morgan Chase & Co., J.P. Morgan Securities PLC, (861 in 1:16-md-02704-JPO) Letter, filed by THE CITY OF PHILADELPHIA, Los Angeles County Employees Retirement Association, Public School Teachers' Pension and Retirement Fund of Chicago. The Court has reviewed the parties competing letters regarding (1) the filing of a surreply in opposition to the class certification motion and (2) the schedule for the remaining briefing on the Daubert motions. (Dkt Nos. 859, 861.) The motion for leave to file a surreply is granted. 1 Defendants shall file a surreply of no longer than twenty-five pages on or before November 27, 2019. Defendants shall also file their Daubert reply and their responses to Plaintiffs Daubert motions on or before November 27, 2019. SO ORDERED (Responses due by 11/27/2019, Replies due by 11/27/2019., Surreplies due by 11/27/2019.) (Signed by Judge J. Paul Oetken on 10/21/2019) Filed In Associated Cases: 1:16-md-02704-JPO et al.(js)
October 8, 2019 Filing 211 NOTICE OF APPEARANCE by R. Scott Thompson on behalf of Javelin Capital Markets LLC, Tera Advanced Technologies, LLC, Tera Group, Inc., TeraExchange, LLC, trueEX LLC. Filed In Associated Cases: 1:16-md-02704-JPO, 1:16-cv-02858-JPO, 1:16-cv-03542-JPO, 1:18-cv-05361-JPO(Thompson, R.)
October 1, 2019 NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Sarah L. Cave. Please note that this is a reassignment of the designation only. (bcu)
September 27, 2019 Filing 210 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to (850 in 1:16-md-02704-JPO) Letter, addressed to Judge J. Paul Oetken from Robert Y. Sperling dated September 27, 2019. Document filed by Goldman Sachs & Co., Goldman Sachs Bank USA, Goldman Sachs Financial Markets, L.P., Goldman Sachs International, The Goldman Sachs Group, Inc..Filed In Associated Cases: 1:16-md-02704-JPO et al.(Sperling, Robert)
September 26, 2019 Filing 209 LETTER addressed to Judge J. Paul Oetken from David McCraw dated September 25, 2019 re: In re Interest Rate Swaps Antitrust Litigation, 16-mc-2704-JPO - Unsealing of Records. Document filed by The New York Times Company.Filed In Associated Cases: 1:16-md-02704-JPO et al.(McCraw, David)
September 25, 2019 Opinion or Order Filing 208 MEMO ENDORSEMENT on re: (846 in 1:16-md-02704-JPO) Letter, filed by THE CITY OF PHILADELPHIA, Los Angeles County Employees Retirement Association, Public School Teachers' Pension and Retirement Fund of Chicago. ENDORSEMENT: Granted in part and denied in part. Plaintiffs may file a reply brief of up to 80 pages in support of their motion for class certification. Plaintiffs shall file their papers under seal on or before October 1, 2019, and then submit proposed redactions for Court approval on or before October 15, 2019. So ordered. (Signed by Judge J. Paul Oetken on 9/25/2019) Filed In Associated Cases: 1:16-md-02704-JPO et al.(jca)
September 17, 2019 NOTICE OF CASE REASSIGNMENT to Judge J. Paul Oetken. Judge Paul A. Engelmayer is no longer assigned to the case. Filed In Associated Cases: 1:16-md-02704-PAE et al.(sjo)
September 6, 2019 Opinion or Order Filing 207 ORDER: Accordingly, with great regret, I am recusing myself from the MDL, effective immediately. This case will be reassigned promptly. All deadlines in the case-set prior to the recent development that has necessitated the Court's recusal-remain in place, with one exception: The Court adjourns the monthly telephonic status call between the Court and counsel scheduled for September 13, 2019, and the monthly status letter due in advance of that call. In the unlikely event of a scheduling or similar dispute requiring immediate resolution prior to the assignment of a successor judge, counsel are directed to seek relief from the judge of this Court then sitting in Part I. As a final word, I wish to thank and commend all counsel for their extraordinary work and professionalism in this important and complex case. It has been an honor for me to preside over the case and a genuine privilege to be privy to such consistently excellent and committed advocacy. (Signed by Judge Paul A. Engelmayer on 9/6/2019) Filed In Associated Cases: 1:16-md-02704-PAE et al.(jwh)
August 15, 2019 Filing 206 NOTICE: The Court has received the supplemental corporate disclosure statement filed on August 2, 2019, by defendants Bank of America, N.A., and affiliates, to the effect that Berkshire Hathaway, Inc., has recently become a beneficial owner of greater than 10% of Bank of America's outstanding common stock. Dkt. 837. This notification appears to have been based on a filing by Berkshire Hathaway with the SEC in late July that disclosed its increased stake. I wish to notify counsel that, insofar as my family owns stock in Berkshire Hathaway, I am in the process of determining what action, if any, on my part is required under law and the Judicial Code of Conduct. (Signed by Judge Paul A. Engelmayer on 8/15/2019) Filed In Associated Cases: 1:16-md-02704-PAE et al.(jwh)
August 13, 2019 Opinion or Order Filing 205 MEMO ENDORSEMENT: on re: (840 in 1:16-md-02704-PAE) Letter, filed by Los Angeles County Employees Retirement Association, Public School Teachers' Pension and Retirement Fund of Chicago. ENDORSEMENT: Granted. Per the parties' joint request, the teleconference will be rescheduled to Friday, September 13, 2019 at 9:00 a.m. SO ORDERED., ( Telephone Conference set for 9/13/2019 at 09:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 8/13/2019) Filed In Associated Cases: 1:16-md-02704-PAE et al.(ama)
August 8, 2019 Opinion or Order Filing 204 ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL granting (838) Motion to Withdraw as Attorney in case 1:16-md-02704-PAE: IT IS HEREBY ORDERED that the motion for Adam H. Farra to withdraw as counsel for Plaintiffs Public School Teacher's Pension and Retirement Fund of Chicago and Los Angeles County Employees Retirement Association is granted, and Mr. Farra's appearance is withdrawn as of the date of this Order. The Clerk is directed to remove Mr. Farra from the CM/ECF service list for this action. (Attorney Adam Farra terminated.) (Signed by Judge Paul A. Engelmayer on 8/8/2019) Filed In Associated Cases: 1:16-md-02704-PAE et al. (jwh)
July 16, 2019 Opinion or Order Filing 203 ORDER granting (371) Motion to Withdraw as Attorney. Attorney Lucas Estlund Issacharoff terminated in case 1:15-cv-09319-PAE; granting (201) Motion to Withdraw as Attorney. Attorney Lucas Estlund Issacharoff terminated in case 1:16-cv-02858-PAE; granting (202) Motion to Withdraw as Attorney. Attorney Lucas Estlund Issacharoff terminated in case 1:16-cv-03542-PAE; granting (198) Motion to Withdraw as Attorney. Attorney Lucas Estlund Issacharoff terminated in case 1:16-cv-04005-PAE; granting (182) Motion to Withdraw as Attorney. Attorney Lucas Estlund Issacharoff terminated in case 1:16-cv-04089-PAE; granting (832) Motion to Withdraw as Attorney. Attorney Lucas Estlund Issacharoff terminated in case 1:16-md-02704-PAE; granting (180) Motion to Withdraw as Attorney. Attorney Lucas Estlund Issacharoff terminated in case 1:16-cv-04239-PAE; granting (192) Motion to Withdraw as Attorney. Attorney Lucas Estlund Issacharoff terminated in case 1:16-cv-04561-PAE; granting (189) Motion to Withdraw as Attorney. Attorney Lucas Estlund Issacharoff terminated in case 1:16-cv-04563-PAE; granting (179) Motion to Withdraw as Attorney. Attorney Lucas Estlund Issacharoff terminated in case 1:16-cv-04566-PAE; granting (180) Motion to Withdraw as Attorney. Attorney Lucas Estlund Issacharoff terminated in case 1:16-cv-05260-PAE; granting (124) Motion to Withdraw as Attorney. Attorney Lucas Estlund Issacharoff terminated in case 1:18-cv-05361-PAE. Plaintiffs motion for an order directing the withdrawal of Lucas Issacharoff as counsel for Mayor and City Council of Baltimore, and for Lucas Issacharoff to be removed from this action's CM/ECF service list for this matter, is GRANTED. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/15/2019) Filed In Associated Cases: 1:16-md-02704-PAE et al. (kv)
July 15, 2019 Opinion or Order Filing 202 ORDER NO. 75: The Court has determined to reserve decision on this issue until after the deposition of Dr. Reiss, as this deposition has the potential to clarify, narrow, or moot this dispute. The Court directs counsel to meet and confer following this deposition and to submit, within seven business days of the completion of the deposition, a joint letter setting out (1) whether the dispute is now moot, and, if not, (2) the parties' respective positions. This letter is to not to exceed 6 single-spaced pages. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/15/2019) **Pursuant to instructions from Chambers, Filed in All Member Cases: 1:16-md-02704-PAE et al.(anc)
July 12, 2019 Filing 201 MOTION for Lucas Issacharoff to Withdraw as Attorney . Document filed by Mayor and City Council of Baltimore. (Attachments: #1 Text of Proposed Order to Withdraw as Counsel for Lucas Issacharoff)Filed In Associated Cases: 1:16-md-02704-PAE et al.(Issacharoff, Lucas)
July 11, 2019 Opinion or Order Filing 200 ORDER: On the record of today's conference the Court set the following dates and deadlines: The deadline for plaintiffs' reply brief in support of their motion for class certification is extended to October 1, 2019; The deadline for plaintiffs' opposition to defendants' Daubert motion is extended to October 1, 2019. (Responses due by 10/1/2019. Replies due by 10/1/2019.) (Signed by Judge Paul A. Engelmayer on 7/11/2019) Filed In Associated Cases: 1:16-md-02704-PAE et al.(jwh)
July 11, 2019 Opinion or Order Filing 199 ORDER: At the initial conference in this multi-district litigation, held on July 26, 2016, the Court advised counsel of its intention, once discovery commenced, to have a monthly telephone conference with counsel. The Court schedules the next such conference for Thursday, August 15, 2019, at 9:00 a.m. The Court directs lead counsel for plaintiffs to provide the Court and the defense with a dial-in number for the call. Although other counsel on the case are of course welcome to audit the call, the Court expects that no more than three lawyers per side will participate on the call. The Court directs that, two days prior to the call, counsel submit a brief joint letter summarizing recent developments in the case and identifying the call participants for each side. (Telephone Conference set for 8/15/2019 at 09:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 7/11/2019) Filed In Associated Cases: 1:16-md-02704-PAE et al.(jwh)
June 6, 2019 Opinion or Order Filing 198 ORDER granting (802 in case 1:16-md-02704-PAE) Letter Motion for Extension of Time. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/6/2019)**Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al. (anc)
May 22, 2019 Opinion or Order Filing 197 MEMO ENDORSEMENT on NOTICE OF MOTION AND MOTION FOR WITHDRAWAL OF APPEARANCE granting #195 Motion to Withdraw as Attorney. ENDORSEMENT: IT IS SO ORDERED. (Attorney Nicholas Grant Olear Veliky terminated.) (Signed by Judge Paul A. Engelmayer on 5/22/2019) (anc)
May 22, 2019 Opinion or Order Filing 196 ORDER NO. 71: Due to a scheduling conflict, the Court adjourns the telephone conference currently scheduled for Wednesday, June 5, 2019 at 9:00 a.m. to 10:00 a.m. that same day. The Court directs lead counsel for plaintiffs to provide the Court and the defense with a dial-in number for the call. The Court apologizes to counsel for any inconvenience caused by the serial adjustments of the date and time of this call. ( Telephone Conference set for 6/5/2019 at 10:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 5/22/2019) Filed In Associated Cases: 1:16-md-02704-PAE et al., as per Chambers. (mro)
May 22, 2019 Filing 195 MOTION for Nicholas G.O. Veliky to Withdraw as Attorney . Document filed by Tera Advanced Technologies, LLC, Tera Group, Inc., TeraExchange, LLC.(Veliky, Nicholas)
May 13, 2019 Opinion or Order Filing 194 ORDER NO. 69: Due to a scheduling conflict, the Court reschedules the telephone conference currently scheduled for Friday, May 31, 2019, at 9:00 a.m. to Thursday, May 30, 2019 at 9:00 a.m. The Court directs lead counsel for plaintiffs to provide the Court and the defense with a dial-in number for the call. Although other counsel on the case are of course welcome to audit the call, the Court expects that no more than three lawyers per side will participate on the call. The Court directs that, two days prior to the call, counsel submit a brief joint letter summarizing recent developments in the case and identifying the call participants for each side. SO ORDERED. (Telephone Conference set for 5/30/2019 at 09:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 5/13/2019) **Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc)
April 25, 2019 Opinion or Order Filing 193 ORDER NO. 68: The Court advised counsel of its intention, once discovery commenced, to have a monthly telephone conference with counsel. The Court schedules the next such conference for Friday, May 31, 2019, at 9:00 a.m. The Court directs lead counsel for plaintiffs to provide the Court and the defense with a dial-in number for the call. Although other counsel on the case are of course welcome to audit the call, the Court expects that no more than three lawyers per side will participate on the call. The Court directs that, two days prior to the call, counsel submit a brief joint letter summarizing recent developments in the case and identifying the call participants for each side. SO ORDERED. (Telephone Conference set for 5/31/2019 at 09:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 4/25/2019) **Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc)
April 16, 2019 Opinion or Order Filing 192 ORDER NO. 67 terminating (775 in case 1:16-md-02704-PAE) Letter Motion for Discovery. The Court addresses the issues in the order presented in counsels' letter. The Court confirms that discovery sought prior to the discovery deadline but that is received after April 10 may still be utilized. The Court approves the agreement to adjourn the previously-noticed deposition of Richard Cohen. The Court extends the fact discovery deadline for the five third-party depositions listed on page 2 of counsels' letter. The Court approves the postponement of the deposition of a former employee of BNPP to accommodate a familial illness. The Court approves the Rule 30(b)(6) depositions of Fannie Mae and MetLife, on the representation that the document subpoenas on which these deposition notices are based were served in February but that responsive documents were not produced until recently, with some documents still to be produced. The Court expects that these depositions will be held by May 15, 2019, and that counsel will work collegially, including with counsel for the corporate deponent, to narrow the topics to be covered and to arrange mutually agreeable scheduling logistics. By order issued earlier today (Dkt. 776), the Court approved the April 17, 2019 deposition of Michael O'Brien, while reserving the possibility of an additional two hours of deposition questioning of Mr. O'Brien at a later date focused on as-yet unproduced document discovery. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/16/2019) **Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al. (anc) Modified on 4/18/2019 (anc).
April 16, 2019 Opinion or Order Filing 191 ORDER RESOLVING DISCOVERY DISPUTE: The Court is reviewing the parties' letter of April 15, 2019, raising various issues regarding deposition scheduling. This order addresses solely the deposition of Michael O'Brien of Eaton Vance, which has been noticed for tomorrow, April 17, 2019, as such is the most time-sensitive issue. The Court authorizes this deposition to go forward as scheduled. However, in the event that Eaton Vance later produces documents in response to a presently outstanding subpoena, the Court will then authorize an additional two hours of deposition questioning of Mr. O'Brien (one hour for each side), with questioning limited to the newly produced documents and reasonable follow-on questions. Counsel are at liberty to maintain the present deposition date for Mr. O'Brien, with the above caveat. However, if all parties to this litigation (and Mr. O'Brien) agree to an alternative date at which all questioning of Mr. O'Brien can be accomplished, the Court will authorize a deposition for this new date, provided that the new date is no later than May 15, 2019. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/16/2019) Filed In Associated Cases: 1:16-md-02704-PAE et al.(jca)
April 16, 2019 Set/Reset Deadlines: Deposition due by 5/15/2019. Associated Cases: 1:16-md-02704-PAE et al.(anc)
April 1, 2019 Opinion or Order Filing 190 ORDER NO. 65 terminating (756 in case 1:16-md-02704-PAE) Letter Motion to Compel. The Court declines to authorize production of the deposition transcript to the defense. On close review of the transcript, the Court regards it as relatively peripheral to the issues presented in this litigation. The Court is confident that, with the 14 hours of deposition testimony that have been authorized, defendants will be able to fully explore with Mr. Hirani, during his upcoming deposition, any relevant issues presented by the litigation that trueEX initiated against MarkitSERV. For avoidance of doubt, this Order is not intended, and should not be taken, to restrict the scope of questioning at the upcoming deposition. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/1/2019)**Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al. (anc)
March 28, 2019 Opinion or Order Filing 189 ORDER NO. 64: The Court schedules the next such conference for Thursday, April 25, 2019, at 9:00 a.m. The Court directs lead counsel for plaintiffs to provide the Court and the defense with a dial-in number for the call. Although other counsel on the case are of course welcome to audit the call, the Court expects that no more than three lawyers per side will participate on the call. The Court directs that, two days prior to the call, counsel submit a brief joint letter summarizing recent developments in the case and identifying the call participants for each side. SO ORDERED. (Telephone Conference set for 4/25/2019 at 09:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 3/28/2019)**Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc)
March 21, 2019 Opinion or Order Filing 188 ORDER NO. 63 granting (744 in case 1:16-md-02704-PAE) Letter Motion for Leave to File Document. The Court accepts plaintiffs' explanation, Dkt. 744, that the allegations as to the trading of IRSs on Bloomberg, Tradeweb, ICAP, and Tradition during the 2013-2016 period are included as relevant to purposes identified by the Court, see Opinion at 64. The Court further accepts plaintiffs' explanation that the inclusion of limited allegations regarding the pre-2013 period is intended solely as background and context for the 2013-2016 allegations and is not an attempt to replead pre-2013 claims. The Court also grants plaintiffs' request for leave to file publicly a redacted version of the FAC, insofar as the FAC references materials designated "confidential" and "highly confidential" under the parties' stipulated protective order. Dkt. 300. The Court therefore grants the letter motion pending at Dkt. 744. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/21/2019) **Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al. (anc) Modified on 3/22/2019 (anc).
March 21, 2019 Opinion or Order Filing 187 ORDER granting (743 in case 1:16-md-02704-PAE) Motion to Withdraw as Attorney. Attorney Elizabeth P. Papez terminated. Elizabeth P. Papez to be removed from this action's [ECF] service list, is GRANTED. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/21/2019) **Pursuant to instructions from chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al. (anc)
March 21, 2019 Opinion or Order Filing 186 ORDER NO. 62: The Court has received letters from a Swiss cantonal court responsive to the Hague letters rogatory filed under seal by the Citi defendants. See Dkts. 674, 675. Because these requests were originally filed under seal and the letters contain some identifying information, the Court has not filed them on the public docket. The Court has sent a copy of these Swiss letters to the Citi defendants, and expects that the parties will promptly meet and confer on the issue whether any other party has a right to view them. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/20/2019) **Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc)
March 19, 2019 Opinion or Order Filing 185 ORDER NO. 61 granting (733 in case 1:16-md-02704-PAE) Letter Motion to Compel. The Court accordingly grants defendants' application for 14 hours of on-the-clock testimony, with the deposition commencing on April 4 and continuing on April 5, and with the deposition to be counted towards two depositions of true EX personnel. For counsel's benefit, the Court considered an alternative arrangement, in which it would have authorized 12 hours of testimony and invited submissions the night of April 4 as to whether an additional 2 hours were warranted, while notifying counsel that the Court was highly likely to authorize the additional two hours. The Court's judgment, in the end, was that, given the number of parties that may need to question Mr. Hirani, it was better to have the authorized duration of the deposition known at the outset. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/19/2019)**Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al. (anc)
March 14, 2019 Opinion or Order Filing 184 AMENDED OPINION & ORDER: For the reasons stated above, the Court denies plaintiffs' motion for leave to amend to add allegations regarding 2008-2012 but grants the motion for leave to amend to add allegations regarding 2013-2016 as described above. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/13/2019) Filed In Associated Cases: 1:16-md-02704-PAE et al. (ks) pursuant to instructions from Chambers. Modified on 3/14/2019 (ks).
March 14, 2019 Opinion or Order Filing 183 ORDER NO. 60: This Order follows up on yesterday's Opinion and Order, Dkt. 731 in 16-MD-2704, in two non-substantive respects: 1. The Court today will an issue an Amended Opinion and Order to correct an inadvertent error that has been drawn to its attention on page 45 of the decision. On line 18 of that page, the clause "the PFAC's 2013-2016 claims" will be corrected to read "the PFAC's 2008-2012 claims.", 2. Yesterday's Opinion and Order neglected to set a deadline for the filing of a Fourth Amended Complaint ("FAC") consistent with the Court's rulings. See Dkt. 731 at 65. The Court sets Wednesday, March 20, 2019 as the deadline for filing such a PAC. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/14/2019) Filed In Associated Cases: 1:16-md-02704-PAE et al. (ks)
March 13, 2019 Opinion or Order Filing 182 MEMO ENDORSEMENT on re: (730 in 1:16-md-02704-PAE) Letter, filed by Los Angeles County Employees Retirement Association, Public School Teachers' Pension and Retirement Fund of Chicago. ENDORSEMENT: The Court appreciates this update. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/13/2019)**Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc)
March 13, 2019 Opinion or Order Filing 181 OPINION & ORDER re: (590 in 1:16-md-02704-PAE) MOTION to Amend/Correct Plaintiffs' Motion for Leave to File a Fourth Amended Complaint filed by Los Angeles County Employees Retirement Association, Public School Teachers' Pension and Retirement Fund of Chicago. For the reasons stated above, the Court denies plaintiffs' motion for leave to amend to add allegations regarding 2008-2012 but grants the motion for leave to amend to add allegations regarding 2013-2016 as described above. (Signed by Judge Paul A. Engelmayer on 3/13/2019) Filed In Associated Cases: 1:16-md-02704-PAE et al., pursuant to instructions from Chambers. (mro)
March 8, 2019 Opinion or Order Filing 180 ORDER NO. 59 granting (713 in 16-md-2704) Letter Motion for Extension of Time. The Court extends until April 24, 2019, the deadlines for these two depositions to be taken. No further extension of this deadline will be granted. The April 10, 2019 fact discovery deadline remains in place for all other purposes. The Court directs that counsel arrange forthwith for firm dates to be set for these two depositions and that plaintiffs' counsel file a letter on the docket of this case by Wednesday, March 13, 2019 setting out the dates agreed upon for these depositions. SO ORDERED. (Deposition due by 4/24/2019.) (Signed by Judge Paul A. Engelmayer on 3/8/2019) **Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al. (anc) Modified on 3/11/2019 (anc).
February 21, 2019 Opinion or Order Filing 179 ORDER NO. 58: The Court schedules the next such conference for Thursday, March 21, 2019, at 9:00 a.m. The Court directs lead counsel for plaintiffs to provide the Court and the defense with a dial-in number for the call. Although other counsel on the case are of course welcome to audit the call, the Court expects that no more than three lawyers per side will participate on the call. The Court directs that, two days prior to the call, counsel submit a brief joint letter summarizing recent developments in the case and identifying the call participants for each side. SO ORDERED.(Telephone Conference set for 3/21/2019 at 09:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 2/21/2019)**Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc) Modified on 2/22/2019 (anc).
February 20, 2019 Filing 178 NOTICE OF APPEARANCE by Lauren Michelle Rosenberg on behalf of Morgan Stanley, Morgan Stanley & Co. International PLC, Morgan Stanley & Co. LLC, Morgan Stanley Bank International Limited, Morgan Stanley Bank, N.A., Morgan Stanley Capital Services LLC, Morgan Stanley Derivative Products Inc.. Filed In Associated Cases: 1:16-md-02704-PAE et al.(Rosenberg, Lauren)
February 20, 2019 Filing 177 NOTICE of Withdrawal of William Leathem. Document filed by Public School Teachers' Pension and Retirement Fund of Chicago. (Attachments: #1 Certificate of Serivce)Filed In Associated Cases: 1:16-md-02704-PAE et al.(Leathem, William)
February 13, 2019 Opinion or Order Filing 176 ORDER granting (695 in 16-md-2704) Letter Motion for Leave to File Excess Pages. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/13/2019)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al. (anc)
February 1, 2019 Filing 175 LETTER addressed to Judge Paul A. Engelmayer from Jennifer J. Matystik dated February 1, 2019 re: Withdrawal of Jennifer J. Matystik. Document filed by Barclays Bank PLC, Barclays Capital Inc..Filed In Associated Cases: 1:16-md-02704-PAE et al.(Matystik, Jennifer)
January 31, 2019 Opinion or Order Filing 174 ORDER granting (688 in 16-md-2704) Motion to Seal Document. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/31/2019) ***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al. (anc)
January 31, 2019 Opinion or Order Filing 173 ORDER granting (687 in 16-md-2704) Letter Motion for Leave to File Document. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/31/2019)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al. (anc)
January 31, 2019 Opinion or Order Filing 172 ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL granting (689 in 16-md-2704) Motion to Withdraw as Attorney. IT IS on this 31st day of January, 2019, hereby ORDERED that Kathryn Kosinski shall be deemed to have withdrawn as counsel for Defendants. (Attorney Kathryn Kosinski terminated.) (Signed by Judge Paul A. Engelmayer on 1/31/2019)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al. (anc)
January 23, 2019 Opinion or Order Filing 171 ORDER NO. 58. ORDER RESOLVING DISCOVERY DISPUTE in case 1:15-cv-09319-PAE; granting in part and denying in part (670) Letter Motion for Discovery in case 1:16-md-02704-PAE. The Court is unpersuaded that reopening this discovery ruling is justified, for several reasons. First, plaintiffs' application is untimely. It comes nearly a year after the ruling, six months after the substantial completion deadline for document discovery, and three months before the close of fact discovery. And it comes four months after the Court resolved a different discovery dispute in which plaintiffs had sought supplemental search terms on other grounds; and as further set forth herein. The Court will, however, authorize more limited relief. Plaintiffs and defendants have offered or conjectured different interpretations of the five documents on which plaintiffs rely. The Court, lacking broad exposure to the discovery (including deposition discovery) taken to date, is ill-positioned to resolve conclusively the meanings of these documents. Respecting the possibility that these documents may be indicative of the 2013-2016 conspiracy plaintiffs have alleged and that this conspiracy was facilitated through the auspices of OTCDerivNet and/or LCH.Clearnet, the Court will direct defendants to take two more limited discovery measures aimed at assuring, with minimal incremental burdens, that responsive materials have been produced; and as further set forth herein. The Court directs the parties to agree forthwith on the derivatives of the two above terms to be used, and the defendants whose custodians are identified to make this new search an urgent priority. In the event that this exercise yields substantial new evidence probative of plaintiffs' 2013-2016 claims, the Court will consider expanding the number of custodians as to whom the new search terms reviewed above are to be run. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/23/2019) **Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al. (anc) Modified on 1/24/2019 (anc).
January 16, 2019 Opinion or Order Filing 170 ORDER NO. 57: The Court advised counsel of its intention, once discovery commenced, to have a monthly telephone conference with counsel. The Court schedules the next such conference for Thursday, February 21, 2019, at 9:00 a.m. The Court directs lead counsel for plaintiffs to provide the Court and the defense with a dial-in number for the call. Although other counsel on the case are of course welcome to audit the call, the Court expects that no more than three lawyers per side will participate on the call. The Court directs that, two days prior to the call, counsel submit a brief joint letter summarizing recent developments in the case and identifying the call participants for each side. SO ORDERED. (Telephone Conference set for 2/21/2019 at 09:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 1/16/2019) **Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc) Modified on 1/16/2019 (anc).
January 10, 2019 Opinion or Order Filing 169 ORDER granting (677 in 16-md-2704) Motion to Seal Document in case 1:16-md-02704-PAE. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/10/2019) **Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al. (anc)
January 2, 2019 Opinion or Order Filing 168 ORDER granting (671 in 16-md-2704) Letter Motion for Extension of Time to File Response/Reply. Granted. SO ORDERED. (Responses due by 1/9/2019,) (Signed by Judge Paul A. Engelmayer on 1/2/2019) **Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al. (anc)
December 28, 2018 Opinion or Order Filing 167 ORDER in case 1:15-cv-09319-PAE; granting (668) Motion to Seal Document in case 1:16-md-02704-PAE. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/28/2018) Filed In Associated Cases: 1:16-md-02704-PAE et al. (jca) Transmission to Sealed Records Clerk for processing.
December 27, 2018 Opinion or Order Filing 166 MEMO ENDORSEMENT on re: (663 in 1:16-md-02704-PAE) Letter, filed by Los Angeles County Employees Retirement Association, Public School Teachers' Pension and Retirement Fund of Chicago. ENDORSEMENT: The Court appreciates this notification and urges counsel to file this letter promptly. The Court will endeavor to resolve this dispute based on the parties' exchange of letters. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/27/2018)**Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc)
December 26, 2018 Opinion or Order Filing 165 ORDER granting (650) Letter Motion for Leave to File Document in case 1:16-md-02704-PAE. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/26/2018) Filed In Associated Cases: 1:16-md-02704-PAE et al. (jca) Transmission to Sealed Records Clerk for processing.
December 13, 2018 Filing 164 NOTICE OF APPEARANCE by Arielle Beth Nagel on behalf of Barclays Bank PLC, Barclays Capital Inc.. Filed In Associated Cases: 1:16-md-02704-PAE et al.(Nagel, Arielle)
December 13, 2018 Filing 163 NOTICE OF APPEARANCE by Jennifer J. Matystik on behalf of Barclays Bank PLC, Barclays Capital Inc.. Filed In Associated Cases: 1:16-md-02704-PAE et al.(Matystik, Jennifer)
November 30, 2018 Opinion or Order Filing 162 ORDER NO. 56: The Court schedules the next such conference for Thursday, January 10, 2019, at 9:00 a.m. The Court directs lead counsel for plaintiffs to provide the Court and the defense with a dial-in number for the call. Although other counsel on the case are of course welcome to audit the call, the Court expects that no more than three lawyers per side will participate on the call. The Court directs that, two days prior to the call, counsel submit a brief joint letter summarizing recent developments in the case and identifying the call participants for each side. SO ORDERED. (Telephone Conference set for 1/10/2019 at 09:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 11/30/2018) ***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc)
November 29, 2018 Opinion or Order Filing 161 ORDER granting (632) Letter Motion for Leave to File Excess Pages in case 1:16-md-02704-PAE. Granted. Defendants may file a 55-page response, and plaintiffs may file a 25-page reply. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/29/2018) **Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al. (anc) Modified on 11/29/2018 (anc).
November 13, 2018 Filing 160 NOTICE OF APPEARANCE by Charlotte Davenport Stewart on behalf of Tera Advanced Technologies, LLC, Tera Group, Inc., TeraExchange, LLC, Javelin Capital Markets LLC, trueEX LLC. Filed In Associated Cases: 1:16-md-02704-PAE, 1:16-cv-02858-PAE, 1:16-cv-03542-PAE, 1:18-cv-05361-PAE(Stewart, Charlotte)
November 9, 2018 Opinion or Order Filing 159 ORDER granting (612) Letter Motion for Leave to File Document in case 1:16-md-02704-PAE. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/9/2018)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al. (anc)
November 7, 2018 Opinion or Order Filing 158 ORDER NO. 54: The Court understands that the parties have reached agreement as to the content (e.g., custodians and search terms) of the forthcoming productions to be made by ICAP and Tullett. The Court orders that ICAP fully complete its document production and privilege log by November 21, 2018, and that Tullett do so by November 30, 2018. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/7/2018)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc)
November 7, 2018 Opinion or Order Filing 157 ORDER granting (607) Letter Motion for Leave to File Document in case 1:16-md-02704-PAE. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/7/2018) ***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al. (anc)
November 5, 2018 Opinion or Order Filing 156 MEMO ENDORSEMENT on re: (605 in 1:16-md-02704-PAE) Letter, filed by Los Angeles County Employees Retirement Association, Public School Teachers' Pension and Retirement Fund of Chicago. ENDORSEMENT: The Court appreciates this update. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/5/2018) ***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc)
November 1, 2018 Opinion or Order Filing 155 ORDER NO. 53: The Court advised counsel of its intention, once discovery commenced, to have a monthly telephone conference with counsel. The Court schedules the next such conference for Thursday, November 29, 2018, at 9 a.m. The Court directs lead counsel for plaintiffs to provide the Court and the defense with dial-in number for the call. Although other counsel on the case are of course welcome to audit the call, the Court expects that no more than three lawyers per side will participate on the call. The Court directs that, two days prior to the call, counsel submit a brief joint letter summarizing recent developments in the case and identifying the call participants for each side. SO ORDERED. (Telephone Conference set for 11/29/2018 at 09:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 11/1/2018) ***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc)
October 31, 2018 Opinion or Order Filing 154 ORDER granting (597) Letter Motion for Leave to File Document in case 1:16-md-02704-PAE. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/31/2018) ***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al. (anc)
October 29, 2018 Opinion or Order Filing 153 ORDER NO. 52: Defendants' opposition submission(s) are due November 28, 2018. Any reply is due December 12, 2018. Pending resolution of the motion for leave to file the FAC, all deadlines and discovery orders remain operative. SO ORDERED. (Responses due by 11/28/2018. Replies due by 12/12/2018.) (Signed by Judge Paul A. Engelmayer on 10/29/2018) **Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc)
October 29, 2018 Opinion or Order Filing 152 MEMO ENDORSEMENT on re: (593 in 1:16-md-02704-PAE) Letter, filed by Los Angeles County Employees Retirement Association, Public School Teachers' Pension and Retirement Fund of Chicago. ENDORSEMENT: The Court directs ICAP and Tullett to respond in writing to this letter by Thursday, November 1, 2018. Counsel for plaintiffs is directed to serve ICAP and Tullett with a copy of this order forthwith. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/29/2018) **Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc)
October 26, 2018 Opinion or Order Filing 151 ORDER granting (588) Letter Motion for Leave to File Document in case 1:16-md-02704-PAE. Granted. Plaintiffs may file the FAC and memorandum of law in redacted form, and the two redlines entirely under seal. Plaintiffs may use electronic signatures on the letter to be filed under seal. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/26/2018)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al. (anc)
October 19, 2018 Opinion or Order Filing 150 ORDER NO. 51. ORDER RESOLVING DISCOVERY DISPUTE granting (576) Letter Motion for Discovery in case 1:16-md-02704-PAE. The Court is persuaded that - in light of the temporal duration, scale, and complexity of the surviving claims in this case-the number of depositions sought by plaintiffs of defense-side witness is, in the main, warranted. The same considerations counsel in favor of symmetric deposition opportunities by the defense with respect to the platform plaintiffs. The Court accordingly rules as follows. Depositions of defense personnel: The Court authorizes plaintiffs to take up to a total of 110 depositions from among the defendants. The Court sets a cap of 12 depositions per defendant; and as further set forth herein. The Clerk of Court is respectfully requested to terminate the letter motion pending at Dkt. 576. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/19/2018) **Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al. (anc) Modified on 10/22/2018 (anc).
October 12, 2018 Opinion or Order Filing 149 MEMO ENDORSEMENT on NOTICE ON MOTION AND MOTION FOR WITHDRAWAL OF APPEARANCE granting (577 in 16-md-2704)(148 in case 16-cv-2858) Motion to Withdraw as Attorney. ENDORSEMENT: IT IS SO ORDERED. (Attorney James Joseph Brennan terminated in case 1:16-md-02704-PAE.) (Signed by Judge Paul A. Engelmayer on 10/12/2018)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al. (anc) Modified on 10/15/2018 (anc).
October 12, 2018 Filing 148 MOTION for James J. Brennan to Withdraw as Attorney . Document filed by Tera Advanced Technologies, LLC, Tera Group, Inc., TeraExchange, LLC.(Brennan, James) Modified on 10/15/2018 (anc).
October 4, 2018 Opinion or Order Filing 147 ORDER FOR ADMISSION PRO HAC VICE granting [564 in case 16-md-2704] Motion for Brant Duncan Kuehn to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 10/4/2018) (anc)
September 28, 2018 Opinion or Order Filing 146 MEMO ENDORSEMENT on re: (554 in 1:16-md-02704-PAE) Response to Motion, filed by Citigroup Global Markets Limited, Citibank N.A., Citigroup Global Markets Inc., Citigroup, Inc. ENDORSEMENT: The Court greatly appreciates the parties' efforts to resolve these matters amicably, and grants the seven-day extension for the remaining Defendants to respond. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/28/2018) ***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE, 16-mc-2704 et al.(anc)
September 24, 2018 Opinion or Order Filing 145 ORDER granting (542) Letter Motion for Leave to File Document in case 1:16-md-02704-PAE. The Court grants class plaintiffs' motion to file their letter motion under seal. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/24/2018)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al. and 16-mc-2704 (anc)
September 24, 2018 Opinion or Order Filing 144 ORDER NO. 50: ORDER RESOLVING DISCOVERY DISPUTE. With one limited exception, the Court denies Tradition's request. Given the Court's prior experience reviewing the four binders of materials withheld by Tradition, the Court lacks confidence in the soundness of Tradition's judgments as to the relevance and responsiveness of documents to this case, as to which Tradition is a third party. The Court accordingly believes that, with the exceptions noted above for privileged and work-product materials and materials of a nature that plaintiffs have agreed are non-responsive, materials responsive to the agreed-upon search terms are to be produced. The Court will make one limited exception because it is capable of a bright-line objective application: Where a document yielded by the search terms relates exclusively to markets other than the interest rate swaps market, i.e., where it is clear on the face of a document that it is unrelated to that market, that document need not be produced. Tradition separately raises a concern as to production of proprietary materials. As the Court has previously noted, Tradition is at liberty to designate particular documents for heightened protection consistent with the protective order in place in this litigation. See Dkt. 456, at 2. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/21/2018)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc)
September 20, 2018 Opinion or Order Filing 143 ORDER NO. 49: The Court accordingly clarifies that the fact discovery deadline is April 10, 2019. SO ORDERED. (Fact Discovery due by 4/10/2019.) (Signed by Judge Paul A. Engelmayer on 9/20/2018)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc)
September 20, 2018 Opinion or Order Filing 142 ORDER NO. 48: The Court schedules the next such conference for Thursday, November 1, 2018, at 9 a.m. The Court directs lead counsel for plaintiffs to provide the Court and the defense with a dial-in number for the call. Although other counsel on the case are of course welcome to audit the call, the Court expects that no more than three lawyers per side will participate on the call. The Court directs that, two days prior to the call, counsel submit a brief joint letter summarizing recent developments in the case and identifying the call participants for each side. SO ORDERED. (Telephone Conference set for 11/1/2018 at 09:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 9/20/2018) ***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc)
September 10, 2018 Opinion or Order Filing 141 ORDER NO. 47: ORDER MODIFYING DISCOVERY AND CLASS-CERTIFICATION MOTION DEADLINES granting (514) Letter Motion for Extension of Time; terminating (515) Letter Motion for Extension of Time to File Response/Reply in case 1:16-md-02704-PAE. The Court extends the fact discovery deadline by 60 days until April 24, 2019. The Court extends the briefing schedule for class-certification motions as follows: Motions for class certification and supporting expert reports shall be served on lead counsel for all parties no later than February 20, 2019. Defendants shall depose plaintiffs' class certification expert(s) no later than April 10, 2019. Oppositions to parties' motions for class certification and supporting expert reports shall be filed no later than May 31, 2019. Plaintiff shall depose Defendants' class certification expert(s) no later than June 28, 2019. Replies in support of motions for class certification along with rebuttal expert reports, as appropriate, shall be filed no later than August 16, 2019. As to discovery by defendants responsive to the discovery requests of trueEX LLC ("trueEX"), the Court extends the deadline for substantial completion of such discovery from the present September 14, 2018, deadline to October 5, 2018, and directs defendants to make rolling productions beginning by September 21, 2018. These deadlines apply to all defendants, including the minority who have not yet reached agreements with trueEX on each search term. The Court expects these remaining defendants, and trueEX, to negotiate forthwith towards an agreement on search terms so as to obviate any need for judicial resolution of disputes as to such terms or any application for a defendant-specific extension of these deadlines. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/10/2018)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al. (anc)
September 10, 2018 Set/Reset Deadlines: Deposition due by 6/28/2019. Discovery due by 10/5/2018. Fact Discovery due by 4/24/2019. Responses due by 5/31/2019. Replies due by 8/16/2019. Associated Cases: 1:16-md-02704-PAE et al.(anc)
September 5, 2018 Opinion or Order Filing 140 ORDER NO. 46. ORDER ADDRESSING DISCOVERY AND OTHER DEADLINES: The Court has received the parties' recent correspondence (Dkts. 513-516) containing requests (1) for an extension of time with respect to the deadline by which defendants are to produce document discovery relevant to the claims by plaintiff trueEX LLC and (2) for a modest extension of the deadlines governing fact discovery and class certification. The Court will reserve final judgment on these requests pending receipt of defendant's response to plaintiffs' August 30, 2018 letter (Dkt. 514), which response is due September 7, 2018. As guidance, the Court notifies counsel that it expects to be receptive both to the request to extend the deadline for discovery relevant to trueEX, as set forth in defendants' letter of August 30, 2018 (Dkt. 513) and to request for a modest adjustment of the broader schedule. The Court's strongest preference is that counsel for all parties attempt collegially to agree upon any modification to the schedule. The Court accordingly urges counsel to use this week to attempt to reach a global proposal as to these matters. Pending further order of the Court, the Court extends the substantial completion deadline as to discovery from defendants relating to trueEx from the present August 31, 2018 to September 14, 2018. SO ORDERED. (Discovery due by 9/14/2018. Responses due by 9/7/2018) (Signed by Judge Paul A. Engelmayer on 9/5/2018)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc)
August 28, 2018 Opinion or Order Filing 139 STIPULATION AND ORDER AMENDING THE STIPULATED PROTECTIVE ORDER, THE STIPULATION AND ORDER REGARDING DISCOVERY RELATED TO TESTIFYING EXPERTS, AND THE STIPULATION AND ORDER REGARDING THE PRODUCTION OF DISCOVERY MATERIAL: ACCORDINGLY, IT IS HEREBY STIPULATED AND AGREED by and among counsel for Plaintiffs and Defendants that the Stipulated Protective Order (Dkt. No. 300), the Stipulation and Order Regarding Discovery Related to Testifying Experts (Dkt. No. 304), and the Stipulation and Order Regarding the Production of Discovery Material (Dkt. No. 317) are hereby amended to include trueEX as signatory and Party thereto; and the trueEX Action as part of the consolidated Action covered thereby. For the avoidance of doubt, all other terms of the three previously-entered orders (Dkt. Nos. 300, 304, 317) remain unchanged. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/28/2018) Filed In Associated Cases: 1:16-md-02704-PAE et al.(ama)
August 23, 2018 Opinion or Order Filing 138 ORDER NO. 45: ORDER ADDRESSING DISCOVERY DISPUTE. The Court has reviewed plaintiffs' letter of August 9, 2018 (Dkt. 471) concerning the sufficiency of the descriptions in eight defendants' privilege logs, defendants' joint letter of August 14, 2018 in response (Dkt. 479), and the cover letters and individual submissions made in camera on or about August 17, 2018 (see Dkts. 486-491) by eight defendant groups containing the items withheld and/or redacted pursuant to claims of privilege. See Dkt. 481 (August 15 order requesting such submissions). This order addresses these issues; and as further set forth herein. The Court, finally, notes that defendants have claimed in response to plaintiffs' letter that plaintiffs' privilege logs are deficient. Dkt. 479 at 3. It goes without saying that any deficiencies in plaintiffs' logs would not excuse deficiencies in defendants'. In the event defendants wish to raise claims about plaintiffs' logs, they must do so in compliance with the Court's Individual Rules regarding discovery disputes, which require, inter alia, that the parties first meet and confer before raising a dispute with the Court. The Court hopes that the above guidance provides useful assistance so as to obviate future disputes with regard to the specificity of privilege-log entries. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/23/2018)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc) Modified on 8/24/2018 (anc).
August 22, 2018 Opinion or Order Filing 137 ORDER NO. 44: ORDER RESOLVING DISCOVERY DISPUTE: The Court has reviewed the parties' letter submissions (Dkts. 468, 484) relating to plaintiffs' request for a new round of document review and production based on the application of new search terms and strings. This Order resolves that discovery dispute. Accordingly, the Court directs that counsel forthwith reexamine the search terms used to capture communications among Dealer participants in these Tradeweb committees and groups, between July 21, 2010 and December 31, 2016, on the subjects that the Court has previously identified as relevant. Counsel are to meet and confer in good faith with the goal of identifying additional search terms sufficient to capture such communications. For avoidance of doubt, the Court views this as a tightly defined and limited exercise. It is not intended as license to revisit any other document review protocols in this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/22/2018)**Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc)
August 16, 2018 Opinion or Order Filing 136 ORDER NO. 43: The Court hereby schedules the eleventh such conference for Thursday, September 20, 2018, at 9 a.m. The Court directs lead counsel for plaintiffs to provide the Court and the defense with a dial-in number for the call. Although other counsel on the case are of course welcome to audit the call, the Court expects that no more than three lawyers per side will participate on the call. The Court directs that, two days prior to the call, counsel submit a brief joint letter summarizing recent developments in the case and identifying the call participants for each side. SO ORDERED. (Telephone Conference set for 9/20/2018 at 09:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 8/16/2018)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc)
August 15, 2018 Opinion or Order Filing 135 ORDER NO. 42: The Court has received the parties' competing letters on two pending discovery disputes: For the time being, the Court does not invite or welcome any additional submissions as to these disputes; in the event the Court requires additional information or guidance, the Court will notify counsel by order. The Court will shortly issue orders authorizing the filing under seal of the non-redacted versions of the parties' submissions. The Court accordingly directs those defendants whose privilege log excerpts are contained in plaintiffs' Exhibit A to hand-deliver to the Court's chambers, by the close of business on Friday, August 17, 2018, two courtesy copies of each document referenced in Exhibit A. These are to be produced in unredacted form and also, where produced to plaintiffs' in redacted form as opposed to withheld entirely, as redacted. Because the unredacted materials are subject to an as-yet undisturbed claim of privilege, the Court authorizes defendants to provide these the Court on an ex parte basis. Defense counsel may include a transmittal letter explaining to the Court which documents align with which privilege log entries but are not to include advocacy in this letter; this transmittal letter is to be produced to plaintiffs. These defendants are to file with the Clerk of Court, under seal, a complete set of the materials provided to the Court. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/15/2018)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc)
August 15, 2018 Opinion or Order Filing 134 ORDER in case 1:15-cv-09319-PAE; granting (474) Motion to Seal Document in case 1:16-md-02704-PAE. Granted. The Court hereby authorizes defendants to file their letter under seal and on the public docket with the proposed redactions. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/15/2018)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al. (anc)
August 15, 2018 Opinion or Order Filing 133 ORDER in case 1:15-cv-09319-PAE; granting (473) Motion to Seal Document in case 1:16-md-02704-PAE. Granted. The Court hereby authorizes defendants to file their letter under seal and on the public docket with the proposed redactions. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/15/2018)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al. (anc)
August 9, 2018 Opinion or Order Filing 132 ORDER in case 1:15-cv-09319-PAE; granting (463) Motion to Seal Document; granting (465) Motion to Seal Document in case 1:16-md-02704-PAE. Granted. The Court hereby authorizes plaintiffs to file their letter under seal and with the proposed redactions on the public docket. Defendants' letter response is due Tuesday, August 14, 2018. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/9/2018)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al. (anc)
August 9, 2018 Set/Reset Deadlines: Responses due by 8/14/2018. Associated Cases: 1:16-md-02704-PAE et al.(anc)
August 1, 2018 Opinion or Order Filing 131 ORDER granting (459 in 16-md-2704) Motion to Withdraw as Attorney. Attorney Kanika Shah terminated in case 1:16-md-02704-PAE. Plaintiffs' motion for an order directing the withdrawal of Kanika Shah as counsel for Plaintiffs is GRANTED. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/1/2018)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al. (anc)
July 27, 2018 Opinion or Order Filing 130 ORDER NO. 41: in case 1:15-cv-09319-PAE; terminating (419) Letter Motion for Discovery in case 1:16-md-02704-PAE. The ruling above presupposes that Tradition has already reviewed the referenced materials for privilege and work-product and has determined that these do not afford a basis to withhold documents. For avoidance of doubt, this order is without prejudice to Tradition's right to claim privilege or work production protection as to individual documents within this set. Tradition may also, as appropriate, designate individual documents for heightened protection consistent with the protective order in place in this case. Finally, the Court leaves intact-it does not modify-its existing order with respect to cost-sharing as to the Tradition subpoena. The Clerk of Court is respectfully directed to close the motion pending at Dkt. 419. And as set forth herein. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/27/2018) Filed In Associated Cases: 1:16-md-02704-PAE et al. (ama)
July 20, 2018 Opinion or Order Filing 129 ORDER NO. 39: The Court hereby schedules the tenth such conference for Thursday, August 16, 2018, at 9:00 a.m. The Court directs lead counsel for plaintiffs to provide the Court and the defense with a dial-in number for the call. Although other counsel on the case are of course welcome to audit the call, the Court expects that no more than three lawyers per side will participate on the call. The Court directs that, two days prior to the call, counsel submit a brief joint letter summarizing recent developments in the case and identifying the call participants for each side. SO ORDERED. (Telephone Conference set for 8/16/2018 at 09:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 7/19/2018)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc) Modified on 7/20/2018 (anc).
July 16, 2018 Opinion or Order Filing 128 ORDER NO. 38 with respect to (419) Letter Motion for Discovery in case 1:16- md-02704-PAE. The Court is unable on the present record to make a judgment as to which party is correct. The Court will therefore undertake its own review. To facilitate this review, the Court directs that Tradition, by noon on Thursday, July 19, 2018, submit to the Court two full sets, in tabbed binders, of the 348 documents that were reviewed by plaintiffs' counsel on June 16. (A separate set is to be filed under seal with the Clerk of the Court.) The Court expects that Tradition will sequence and/or identify the documents in the same manner that they were presented to plaintiffs' counsel. Although these documents-being the subject of a discovery dispute-are not to be produced at this juncture to plaintiffs' counsel, Tradition is to prepare and publicly file on the docket of this case, also by noon on July 19, 2018, an index of the documents. The index is to be sufficiently detailed (e.g., by Bates number, date, sender/recipient) to enable Mr. Dumas to determine which 267 of the 348 documents were those that he determined are relevant to plaintiffs' case. The Court directs plaintiffs' counsel to then promptly submit a letter to the Court, if possible on July 20, 2018, identifying the 267 documents that Mr. Dumas deemed relevant. For avoidance of doubt, the Court does not invite advocacy from either side, but merely the respective submissions described above. The Court will review these materials and thereafter make a judgment how to proceed. Each party's letter seeks modification of the cost-sharing arrangement that the Court put in place as to this subpoena. Pending review of the above submissions, the Court does not modify that arrangement, but does direct that Tradition's counsel separately track legal fees and costs associated with this discovery dispute. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/16/2018) ***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al. (anc) Modified on 7/19/2018 (anc).
July 12, 2018 Opinion or Order Filing 127 ORDER in case 1:15-cv-09319-PAE; granting (423) Motion to Seal Document in case 1:16-md-02704-PAE. Granted. Upon the Court's review of the proposed filing, the Court agrees that, consistent with the protective order in this case, Tradition's letter motion may be filed under seal and in redacted form on the public docket. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/12/2018) ***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al. (anc)
July 12, 2018 Opinion or Order Filing 126 ORDER NO. 37 in case 1:15-cv-09319-PAE; terminating (421) Letter Motion for Discovery in case 1:16-md-02704-PAE. The Court accordingly will modify its June 28 order to this limited degree. The Court authorizes TrueEx to designate, in addition to the 33 custodians already noticed, an additional three custodians-across the 11 defendant groups-from whom it will be entitled to receive, at the relevant defendant's exclusive cost, ESI discovery. This will bring to 36 the overall number of custodians as to whom TrueEx may receive such discovery at no cost to itself. For avoidance of doubt, this order does not lift the five-custodian cap per defendant; in allocating the three additional no-cost custodians among defendants, TrueEx therefore may not designate more than two additional custodians to any defendant. The Court directs that TrueEx make any designations of its three additional custodians by Friday, July 13, 2018, at 5 p.m. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/12/2018) ***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al. (anc) Modified on 7/12/2018 (anc).
July 5, 2018 Opinion or Order Filing 125 ORDER NO. 36: The Court hereby directs Tradition to file a response to that motion by Tuesday, July 10, 2018. SO ORDERED. (Responses due by 7/10/2018) (Signed by Judge Paul A. Engelmayer on 7/5/2018)**Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc)
July 5, 2018 Opinion or Order Filing 124 ORDER granting (416) Motion to Seal Document in case 1:16-md-02704-PAE. Granted. Class plaintiffs are hereby authorized to file their letter motion under seal and, on the public docket, with redactions as proposed in the copy provided to chambers. By separate order, the Court has directed third-party Tradition to respond to class plaintiffs' motion. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/5/2018)**Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al. (anc)
June 28, 2018 Opinion or Order Filing 123 ORDER NO. 35: The following order addresses what the Court understands to be the open issues. As to discovery, the Court expects that the following rulings and guidance will enable TrueEx and the defendants to reach resolution promptly on discovery parameters with no further need for Court intervention. The Court accordingly expects document production - both by TrueEx and defendants - to proceed expeditiously, such that all document discovery occasioned by TrueEx's entry into the case will have been completed by the end of July. The Court directs each defendant to produce existing organizational charts for the relevant product and trading areas for the period covering January 1, 2017 through the date of the filing of TrueEx's complaint. To facilitate the forward progress of discovery, these are to be produced by Tuesday, July 3, 2018; and as further set forth herein. Any motion to dismiss is to be filed within three weeks, i.e., by July 19, 2018. Under Rule 15(a)(1)(B), a plaintiff has 21 days after the service of a motion under Rule 12(b) to amend the complaint once as a matter of course. Accordingly, the Court notifies TrueEx that, in the event of a motion or motions to dismiss, it shall file any amended complaint by August 7, 2018. No further opportunities to amend will ordinarily be granted. If TrueEx does amend, by August 28, 2018, defendants shall: (1) file an answer; (2) file a new motion or motions to dismiss; or (3) submit a letter to the Court, copying plaintiffs, stating that they rely on the previously filed motion(s) to dismiss. If defendants file new motion(s) to dismiss or rely on their previous motion(s), TrueEx's opposition(s) will be due 21 days thereafter, and defendants' replies, if any, will be due 14 days after that. If TrueEx does not file an amended complaint, TrueEx's opposition to the motion(s) to dismiss shall be due on August 7, 2018, and defendants' replies will be due on August 21, 2018. At the time any reply is filed, the moving party shall supply the Court with two courtesy copies of all motion papers by mailing or delivering them to the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York 10007. SO ORDERED. (Amended Pleadings due by 8/7/2018. Motions due by 8/28/2018. Responses due by 8/7/2018. Replies due by 8/21/2018.) (Signed by Judge Paul A. Engelmayer on 6/28/2018)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc) Modified on 6/28/2018 (anc).
June 26, 2018 Filing 122 NOTICE OF APPEARANCE by Randall R. Rainer on behalf of Javelin Capital Markets LLC, Tera Advanced Technologies, LLC, Tera Group, Inc., TeraExchange, LLC, trueEX LLC. Filed In Associated Cases: 1:16-md-02704-PAE, 1:16-cv-02858-PAE, 1:16-cv-03542-PAE, 1:18-cv-05361-PAE(Rainer, Randall)
June 21, 2018 Opinion or Order Filing 121 ORDER NO. 33: The Court hereby schedules the ninth such conference for Thursday, July 19, 2018, at 9 a.m. The Court directs lead counsel for plaintiffs to provide the Court and the defense with a dial-in number for the call. Although other counsel on the case are of course welcome to audit the call, the Court expects that no more than three lawyers per side will participate on the call. The Court directs that, two days prior to the call, counsel submit a brief joint letter summarizing recent developments in the case and identifying the call participants for each side. SO ORDERED. (Telephone Conference set for 7/19/2018 at 09:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 6/21/2018)*** Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc)
June 21, 2018 Opinion or Order Filing 120 ORDER NO. 34: The Court has accepted as related to this case another case filed in this district, trueEX LLC v. Bank of America Corp., 18 Civ. 5361 (complaint filed June 14, 2018) ("TrueEx"), consistent with the Court's June 10, 2016 Order, see Dkt. 11. Pursuant to Federal Rule of Civil Procedure 42(a) and Local Civil Rule 13, the TrueEx case is consolidated with this multidistrict litigation. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/21/2018)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc) Modified on 6/21/2018 (anc).
June 20, 2018 Opinion or Order Filing 119 ORDER in case 1:15-cv-09319-PAE; granting (404) Motion to Seal Document in case 1:16-md-02704-PAE. Granted. Consistent with the protective order entered in this case, the Court hereby authorizes Class Plaintiffs to file on the public docket a redacted version of the letter provided to Chambers. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/20/2018)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al. (anc)
June 18, 2018 Opinion or Order Filing 118 ORDER NO. 32: The Court directs that the counsel for Javelin/Tera who is designated to participate in that call be specifically prepared to discuss issues relating to the integration, if needed, of TrueEx, into this litigation as a party: 1. Does any party intend to move to bring the new case within the MDL? If so, by what means and on what timetable? Does any party expect to oppose such consolidation? 2. Do the claims by TrueEx differ in any material way from those by Javelin and Tera? In what way or ways would the addition of TrueEx as a plaintiff (as opposed to a third party) affect discovery in this case? 3. Does any defendant presently expect to move for dismissal of any of True Ex's claims? To the extent that there may be arguments that the statutes of limitation applicable to particular claims apply differently to TrueEx than to Javelin and Tera given, inter alia, the later filing date of TrueEx's complaint, at what point in these proceedings are such arguments most productively resolved? 4. What steps can the Court and parties take to assure that the addition of TrueEx to this litigation, should it occur, does not disrupt the existing schedule? SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/18/2018)**Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc)
June 15, 2018 Filing 117 NOTICE OF APPEARANCE by Jeffrey Coviello on behalf of Javelin Capital Markets LLC, Tera Advanced Technologies, LLC, Tera Group, Inc., TeraExchange, LLC. Filed In Associated Cases: 1:16-md-02704-PAE, 1:16-cv-02858-PAE, 1:16-cv-03542-PAE(Coviello, Jeffrey)
June 15, 2018 Filing 116 NOTICE OF APPEARANCE by William Andrew Maher on behalf of Javelin Capital Markets LLC, Tera Advanced Technologies, LLC, Tera Group, Inc., TeraExchange, LLC. Filed In Associated Cases: 1:16-md-02704-PAE, 1:16-cv-02858-PAE, 1:16-cv-03542-PAE(Maher, William)
May 24, 2018 Opinion or Order Filing 115 AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. Plaintiffs have designated this case to be tried to a jury, and Defendants reserve all rights in such regard. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed within six (6) months from the date of Order No. 11 (ECF No. 246), dated August 21, 2017. Defendants' Answers to the Third Amended Complaint shall be filed no later than sixty (60) days from the date of this Order. Fact Discovery due by 2/8/2019. Depositions to be completed by the close of fact discovery. With respect to motions for class certification: Motions for class certification and supporting expert reports shall be filed no later than December 7, 2018. Defendants shall depose plaintiffs' class certification expert(s) no later than January 25, 2019. Oppositions to parties' motions for class certification and supporting expert reports shall be filed no later than March 11, 2019. Plaintiffs shall depose defendants' class certification expert(s) no later than April 10, 2019. Replies in support of motions for class certification along with rebuttal expert reports, as appropriate, shall be filed no later than May 29, 2019. (Motions due by 12/7/2018. Responses due by 3/11/2019. Replies due by 5/29/2019. Depositions due by 4/10/2019.) All expert discovery shall be completed no later than eight and one-half (8.5) months from a decision on class certification. Motions for summary judgment and motions to exclude experts shall be filed no later than ninety (90) days from the date of the pre-motion conference. Oppositions to parties' motions for summary judgment and motions to exclude experts shall be filed no later than sixty (60) days from the deadline for motions for summary judgment. Replies in support of motions for summary judgment and motions to exclude experts shall be filed no later than forty-five (45) days from the deadline for oppositions to motions for summary judgment. The Final Pretrial Order date is sixty (60) days following a decision on motions for summary judgment. Counsel for the parties have conferred and are unable to estimate the length of trial at this time. (Signed by Judge Paul A. Engelmayer on 5/24/2018) ***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc) Modified on 5/30/2018 (anc).
May 23, 2018 Opinion or Order Filing 114 OPINION & ORDER re: (336 in 1:16-md-02704-PAE) MOTION to Amend/Correct Motion for Leave to Amend Plaintiffs' Proposed Third Consolidated Amended Class Action Complaint filed by Public School Teachers' Pension and Retirement Fund of Chicago, (339 in 1:16-md-02704-PAE) LETTER MOTION for Oral Argument on Plaintiffs' Motion for Leave to File the Third Consolidated Amended Class Action Complaint addressed to Judge Paul A. Engelmayer from Daniel L. Brockett dated February 21, 2018 filed by Public School Teachers' Pension and Retirement Fund of Chicago. For the reasons reviewed above, the Court grants in part and denies in part plaintiffs' motion to file the Proposed Third Amended Complaint. The Court directs plaintiffs, within one week of this order, to file a Third Amended Complaint consistent with the rulings herein. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/23/2018) ***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc)
May 21, 2018 Opinion or Order Filing 113 ORDER NO. 31: The Court hereby schedules the eighth such conference for Thursday, June 21, 2018, at 9 a.m. The Court directs lead counsel for plaintiffs to provide the Court and the defense with a dial-in number for the call. Although other counsel on the case are of course welcome to audit the call, the Court expects that no more than three lawyers per side will participate on the call. The Court directs that, two days prior to the call, counsel submit a brief joint letter summarizing recent developments in the case and identifying the call participants for each side. SO ORDERED.(Telephone Conference set for 6/21/2018 at 09:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 5/21/2018)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc)
May 14, 2018 Opinion or Order Filing 112 ORDER NO. 30: The Court asks that plaintiffs' and defendants' counsel, in the joint letter due prior to that call, each identify a person or persons familiar with and prepared to address the pending discovery dispute regarding telephone records of defendants' employees. The Court is reflecting on possible ways of balancing the parties' interests with respect to that issue. On the call, the Court expects to put questions to counsel about potential practical resolutions of that issue. Separately, the Court asks that counsel's status letter briefly update the Court on the status of the earlier discovery dispute with Tradition, which was the subject of a hearing on May 4, 2018. For avoidance of doubt, the Court does not intend to use the ensuing monthly call to take up that issue (beyond possibly seeking a factual amplification on counsel's written update), and the Court does not expect counsel for non-party Tradition to be a party to that call. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/14/2018)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc)
May 10, 2018 Opinion or Order Filing 111 ORDER NO. 29: The Court will grant leave to amend insofar as the proposed Third Amended Complaint (1) adds the Los Angeles County Employees Retirement Association as a plaintiff and (2) adds allegations with respect to the period 2013-2016. The Court will deny leave to amend to the extent the proposed Third Amended Complaint adds factual allegations or seeks to revive dismissed claims as to the period 2008-2012. A decision to this effect will follow in due course.SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/10/2018) ***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc) Modified on 5/14/2018 (anc).
May 7, 2018 Opinion or Order Filing 110 ORDER NO. 28: Accordingly, the Court hereby authorizes the parties to publicly file the proposed letter in non-redacted form, but with the exhibits redacted as proposed. A non-redacted version of the exhibits is to be filed under seal. The Court also hereby authorizes the use of electronic signatures on the documents to be filed under seal, as defendants request. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/7/2018) ***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc)
May 4, 2018 Opinion or Order Filing 109 ORDER NO. 27 in case 1:15-cv-09319-PAE; terminating (362) Letter Motion for Discovery in case 1:16-md-02704-PAE. The Court resolved class plaintiffs' motion to compel discovery from nonparty Tradition America LLC. The Court set forth its resolution of that dispute, and the basis for that resolution, on the record. Interested parties are directed to the transcript of that hearing. The Clerk of Court is respectfully directed to close the motion pending at Dkt. 362. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/4/2018)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al. (anc) Modified on 5/4/2018 (anc).
May 2, 2018 Filing 108 NOTICE OF APPEARANCE by Fletcher William Strong on behalf of Tera Advanced Technologies, LLC, Tera Group, Inc., TeraExchange, LLC, Javelin Capital Markets LLC. Filed In Associated Cases: 1:16-md-02704-PAE, 1:16-cv-02858-PAE, 1:16-cv-03542-PAE(Strong, Fletcher)
April 20, 2018 Opinion or Order Filing 107 ORDER NO. 25: The Court hereby scheduled the seventh such conference for Friday, May 18, 2018, at 9 a.m. The Court directs lead counsel for plaintiffs to provide the Court and the defense with a dial-in number for the call. Although other counsel on the case are of course welcome to audit the call, the Court expects that no more than three lawyers per side will participate on the call. The Court directs that, two days prior to the call, counsel submit a brief joint letter summarizing recent developments in the case and identifying the call participants for each side. SO ORDERED.(Telephone Conference set for 5/18/2018 at 09:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 4/20/2018) ***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc) Modified on 4/23/2018 (anc).
April 13, 2018 Opinion or Order Filing 106 ORDER NO. 24: The Court directs Tradition to file a response by Friday, April 20, 2018. The Court further authorizes, but does not require, the other parties to this litigation (i.e., the Tera and Javelin plaintiffs, and defendants) to submit letters on this motion; any such letters are also due Friday, April 20, 2018. The Court does not welcome a reply. Upon receiving the response(s) due April 20, 2018, the Court will determine whether to rule based on the written record, to put additional questions to one or more participants, or to convene a conference. Pending the resolution of the instant motion, the Court directs Tradition to preserve all materials responsive to the subpoena. SO ORDERED.(Responses due by 4/20/2018.) (Signed by Judge Paul A. Engelmayer on 4/13/2018) ***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc) Modified on 4/19/2018 (anc).
April 13, 2018 Filing 105 LETTER MOTION for Discovery addressed to Judge Paul A. Engelmayer from Michael Eisenkraft, Esq. dated April 13, 2018. Document filed by Policemen's Annuity and Benefit Fund of Chicago, Public School Teachers' Pension and Retirement Fund of Chicago. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)Filed In Associated Cases: 1:16-md-02704-PAE et al.(Eisenkraft, Michael)
April 2, 2018 Opinion or Order Filing 104 ORDER: granting in part (356) Letter Motion for Leave to File Document in case 1:16-md-02704-PAE; Granted in part. The Court will accept Mr. Brockett's proposed declaration and a reply brief from plaintiffs limited exclusively to the issues raised by the Project Magellan Agreement. The reply brief may be filed under seal, with an appropriately redacted copy filed on the public docket, and must be submitted by the close of business today. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/02/2018) Filed In Associated Cases: 1:16-md-02704-PAE et al. (ama)
March 19, 2018 Opinion or Order Filing 103 ORDER NO. 23: The Court hereby schedules the sixth such conference for April 20, 2018, at 9 a.m. The Court directs lead counsel for plaintiffs to provide the Court and the defense with a dial-in number for the call. Although other counsel on the case are of course welcome to audit the call, the Court expects that no more than three lawyers per side will participate on the call. The Court directs that, two days prior to the call, counsel submit a brief joint letter summarizing recent developments in the case and identifying the call participants for each side. SO ORDERED. (Telephone Conference set for 4/20/2018 at 09:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 3/19/2018)*** Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc)
February 23, 2018 Opinion or Order Filing 102 ORDER NO. 22: The Court accordingly directs class plaintiff's counsel, forthwith, to publicly file a redacted version of the letter, redacting only the names of the confidential witnesses and any information tending to identify them. The Court denies class plaintiff's request to further supplement their submissions in support of a TAC, with one exception. The Court will permit class plaintiff's counsel to file publicly any written correspondence or communications with defense counsel, predating February 14, 2018, that disclosed class plaintiff's (1) intention to seek leave to file a Third Amended Complaint that would attempt to revive claims the Court had dismissed or (2) consideration of the possibility of such a finding. For avoidance of doubt, the Court does not authorize an advocacy submission. The Court envisions counsel's filing a transmittal affidavit identifying and attaching such written communications. Any such declaration is due Monday, February 26, 2018. (Signed by Judge Paul A. Engelmayer on 2/23/2018) As Per Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al. (ras) (Main Document replaced on 2/23/2018) (ras). Modified on 2/23/2018 (ras).
February 23, 2018 Opinion or Order Filing 101 ORDER NO. 21: The Court hereby schedules the fifth such conference for Monday March 19, 2018, at 9 a.m. The Court directs lead counsel for plaintiffs to provide the Court and the defense with a dial-in number for the call. Although other counsel on the case are of course welcome to audit the call, the Court expects that no more than three lawyers per side will participate on the call. The Court directs that, two days prior to the call, counsel submit a brief joint letter summarizing recent developments in the case and identifying the call participants for each side. As explained on the record at the conference held February 23, 2018, the Court directs that defendants file their brief in opposition to plaintiffs' motion to file a third amended complaint, Dkt. 336, by Friday, March 30, 2018. The Court does not invite or authorize a reply. Further, as explained on the February 23 conference call, the Court orders that the parties' outstanding disputes as to search terms must be resolved by March 7, 2018. To the extent any remaining dispute as to search terms requires the Court's intervention, the Court orders the parties to submit a joint letter by March 9, 2018 describing the outstanding issues in sufficient detail to allow for judicial resolution. SO ORDERED. (Responses due by 3/30/2018. Telephone Conference set for 3/19/2018 at 09:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 2/23/2018)**Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc)
February 22, 2018 Opinion or Order Filing 100 ORDER NO. 20: A telephone conference is currently scheduled for Friday, February 23, 2018, at 8:30 a.m. The Court hereby reschedules that phone conference for 9 a.m. SO ORDERED. (Telephone Conference set for 2/23/2018 at 09:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 2/22/2018)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc)
January 29, 2018 Opinion or Order Filing 99 ORDER NO. 19: The Court hereby schedules the fourth such conference for Friday, February 23, 2018, at 8:30 a.m. The Court directs lead counsel for plaintiffs to provide the Court and the defense with a dial-in number for the call. Although other counsel on the case are of course welcome to audit the call, the Court expects no more than three lawyers per side will participate on the call. The Court directs that, two days prior to the call, counsel submit a brief joint letter summarizing recent developments in the case and identifying the call participants for each side. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/29/2018) **Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al. Telephone conference set only in MD and MC cases.(anc)
January 8, 2018 Opinion or Order Filing 98 ORDER: ORDER RESOLVING DISCOVERY DISPUTES. For the reasons and in the manner set forth herein, the Court resolves the parties' pending discovery disputes, as reported in the parties' joint letter of December 19, 2017. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/8/2018)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc)
December 18, 2017 Opinion or Order Filing 97 STIPULATION AND ORDER REGARDING THE PRODUCTION OF DISCOVERY MATERIAL: Accordingly, the Parties hereby stipulate to and petition the Court to enter the following Stipulated Order Regarding the Production of Discovery Material ("Order"); and as further set forth herein. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/18/2017)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc) Modified on 12/20/2017 (anc).
November 17, 2017 Opinion or Order Filing 96 STIPULATION AND ORDER REGARDING DISCOVERY RELATED TO TESTIFYING EXPERTS: Plaintiffs and Defendants (collectively "Parties") to all cases consolidated in MDL 2704 (hereinafter "this Action"), through their undersigned counsel, hereby stipulate and agree to the following regarding expert discovery and testimony in this Action: This Stipulation and Order shall govern discovery related to testifying experts in this Action whose identities are required to be disclosed pursuant to Fed. R. Civ. P. 26(a)(2)(A) and this Stipulation and Order (hereinafter "expert witness[es]"). The Parties agree that there shall be no discovery or disclosures with respect to consulting experts. To the extent this Stipulation and Order limits discovery that would otherwise be available pursuant to the Federal Rules of Civil Procedure, the Parties agree to abide by the limits set forth in this Stipulation and Order. Nothing in this Stipulation and Order constitutes an admission or concession that any of the information exempted from discovery by this Stipulation and Order would otherwise be discoverable or admissible. Further, nothing in this Stipulation and Order requires discovery of any information that would otherwise be protected from discovery by the attorney client privilege, work product doctrine, or other applicable privileges or protections; as further set forth herein. (Signed by Judge Paul A. Engelmayer on 11/17/2017) ***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(mro)
November 14, 2017 Opinion or Order Filing 95 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Paul A. Engelmayer on 11/14/2017) ***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(mro)
November 10, 2017 Opinion or Order Filing 94 ORDER NO. 16: The phone conference currently scheduled for 9 a.m. that morning is hereby rescheduled to 8 a.m. See Order No. 14, Dkt. 268. SO ORDERED. (Telephone Conference set for 11/17/2017 at 08:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 11/10/2017)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc)
October 26, 2017 Filing 93 NOTICE OF APPEARANCE by Mahesh Venkatakrishnan on behalf of Deutsche Bank AG, Deutsche Bank Securities Inc.. Filed In Associated Cases: 1:16-md-02704-PAE et al.(Venkatakrishnan, Mahesh)
October 25, 2017 Opinion or Order Filing 92 ORDER NO. 15 denying (270) Letter Motion for Discovery in case 1:16-md-02704-PAE. For the time being, the Court denies defendants' motion, to the extent defendants seek to expedite formal discovery on this point. Plaintiffs' counsel has represented that CTPF entered into at least five interest rate swap transactions: on January 30, 2015; February 6, 2015; April 14, 2015; September 10, 2015; and September 23, 2015. In the event that CTPF participated in any such transaction, it would appear to have standing to pursue this lawsuit; and as further set forth herein. The Clerk of Court is respectfully directed to terminate the motion pending at Dkt. 270. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/24/2017) ***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al. (anc)
October 12, 2017 Opinion or Order Filing 91 ORDER NO. 14: The Court hereby schedules the first such conference for Friday, November 17, 2017, at 9 a.m. The Court directs lead counsel for plaintiffs to provide the Court and the defense with a dial-in number for the call. Although other counsel on the case are of course welcome to audit the call, the Court expects that no more than three lawyers per side will participate on the call. The Court directs that, two days prior to the call, counsel submit a brief joint letter summarizing recent developments in the case and identifying the call participants for each side. SO ORDERED. (Telephone Conference set for 11/17/2017 at 09:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 10/12/2017)*** Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al.(anc)
October 10, 2017 Opinion or Order Filing 90 ORDER - ORDER RESOLVING DISCOVERY DISPUTES denying (251) Letter Motion for Discovery in case 1:15-cv-09319-PAE; denying (87) Letter Motion for Discovery in case 1:16-cv-02858-PAE; denying (87) Letter Motion for Discovery in case 1:16-cv-03542-PAE; denying (89) Letter Motion for Discovery in case 1:16-cv-04005-PAE; denying (77) Letter Motion for Discovery in case 1:16-cv-04089-PAE; denying (254) Letter Motion for Discovery; denying (255) Letter Motion for Discovery in case 1:16-md-02704-PAE; denying (75) Letter Motion for Discovery in case 1:16-cv-04239-PAE; denying (87) Letter Motion for Discovery in case 1:16-cv-04561-PAE; denying (82) Letter Motion for Discovery in case 1:16-cv-04563-PAE; denying (74) Letter Motion for Discovery in case 1:16-cv-04566-PAE; denying (75) Letter Motion for Discovery in case 1:16-cv-05260-PAE. This order resolves two discovery disputes that have arisen in the above-captioned case with respect to defendants' document-production obligations. The parties notified the Court of these disputes after meeting and conferring but reaching an impasse; and as further set forth herein. The Clerk of Court is directed to terminate the motions pending at Dkt. 254 and 255. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/10/2017)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al. (anc)
October 3, 2017 Opinion or Order Filing 89 ORDER granting (252) Letter Motion for Extension of Time in case 1:15-cv-09319-PAE; granting (88) Letter Motion for Extension of Time in case 1:16-cv-02858-PAE; granting (88) Letter Motion for Extension of Time in case 1:16-cv-03542-PAE; granting (90) Letter Motion for Extension of Time in case 1:16-cv-04005-PAE; granting (78) Letter Motion for Extension of Time in case 1:16-cv-04089-PAE; granting (258) Letter Motion for Extension of Time in case 1:16-md-02704-PAE; granting (76) Letter Motion for Extension of Time in case 1:16-cv-04239-PAE; granting (88) Letter Motion for Extension of Time in case 1:16-cv-04561-PAE; granting (83) Letter Motion for Extension of Time in case 1:16-cv-04563-PAE; granting (75) Letter Motion for Extension of Time in case 1:16-cv-04566-PAE; granting (76) Letter Motion for Extension of Time in case 1:16-cv-05260-PAE. Granted. Counsel for all defendants are hereby instructed to submit a single response, of no more than five pages, by Friday, October 6, 2017. (Signed by Judge Paul A. Engelmayer on 10/3/2017) Filed In Associated Cases: 1:16-md-02704-PAE et al. (mro)
October 3, 2017 Filing 88 LETTER MOTION for Extension of Time on behalf of all Defendants regarding responses to two letters filed (dkt. 254) and (dkt. 255) addressed to Judge Paul A. Engelmayer from Adam S. Hakki dated October 3, 2017. Document filed by Bank of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Bank Of America Corporation, Bank of America, N.A., Bank of America Corporation, Bank of America N.A., Merrill Lynch, Pierce Fenner & Smith Incorporated, Bank of America Corporation,, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Bank of America Corporation.Filed In Associated Cases: 1:16-md-02704-PAE et al.(Hakki, Adam)
October 2, 2017 Filing 87 LETTER MOTION for Discovery addressed to Judge Paul A. Engelmayer from Daniel L. Brockett dated October 2, 2017. Document filed by Genesee County Employees' Retirement System, Mayor and City Council of Baltimore, Public School Teachers' Pension and Retirement Fund of Chicago. (Attachments: #1 Declaration of Daniel L. Brockett, #2 Exhibit A to Brockett Declaration, #3 Exhibit B to Brockett Declaration, #4 Declaration of Richard Cohen)Filed In Associated Cases: 1:16-md-02704-PAE et al.(Brockett, Daniel)
September 12, 2017 Filing 86 LETTER addressed to Judge Paul A. Engelmayer from Daniel L. Brockett dated September 12, 2017 re: Request to Judge Cote to Modify Destruction Provision of Protective Order Governing Materials Subject to Pending Discovery Requests. Document filed by Genesee County Employees' Retirement System, Mayor and City Council of Baltimore, Public School Teachers' Pension and Retirement Fund of Chicago.Filed In Associated Cases: 1:16-md-02704-PAE et al.(Brockett, Daniel)
August 29, 2017 Opinion or Order Filing 85 ORDER NO. 13 terminating (241) Motion in case 1:16-md-02704-PAE. Accordingly, the Court's discussion in its opinion and order, including on pages 94-96, should not be taken as implicitly excluding RFQ trading on these platforms from the surviving scope of this case. The Court notes, however, that as to all categories of trading on these platforms, the requirement that a plaintiff be an "efficient enforcer" disfavors speculative claims of injury. See, e.g., Gatt Commc'ns, Inc. v. PMC Assocs., LLC, 711 F.3d 68, 78-80 (2d Cir. 2013). The Court expects the parties to give due attention to this consideration in the course of discovery. The Clerk of Court is respectfully requested to terminate the motions pending at Dkt. 51 in No. 16-MC-2704 and at Dkt. 241 in 16-MD-2704. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/29/2017) ***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al. (anc)
August 28, 2017 Opinion or Order Filing 84 ORDER NO. 12: CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Plaintiffs have designated this case to be tried to a jury, and Defendants reserve all rights in such regard. All fact discovery shall be completed no later than sixteen (16) months from the date of this Order. All expert discovery shall be completed no later than eight and one-half (8.5) months from a decision on class certification. Counsel for the parties have conferred and are unable to estimate the length of trial at this time. The next Case Management Conference will be set following the filing of a class certification motion. (Signed by Judge Paul A. Engelmayer on 8/28/2017) Filed In Associated Cases: 1:16-md-02704-PAE et al, as per Chambers.(mro)
August 28, 2017 Opinion or Order Filing 83 MEMO ENDORSEMENT on re: (248 in 1:16-md-02704-PAE) Letter, filed by Mayor and City Council of Baltimore, Public School Teachers' Pension and Retirement Fund of Chicago, Genesee County Employees' Retirement System. ENDORSEMENT: The Court thanks counsel for this clarification and has approved the proposed case management plan and scheduling order. (Signed by Judge Paul A. Engelmayer on 8/28/2017) Filed In Associated Cases: 1:16-md-02704-PAE et al, pursuant to instructions from Chambers.(mro)
August 21, 2017 Opinion or Order Filing 82 ORDER NO 11: The Court has received the parties' proposed Civil Case Management Plan and Scheduling Order, Dkt. 245 in No. 16-MD-2704 (the "Plan"). The Court approves the schedule set forth in paragraphs 1-6 in that Plan, which, inter alia, set a schedule for fact discovery. The parties are therefore to treat this order as triggering the start of fact discovery and as the starting point from which to measure the deadlines set in paragraphs 3-6 of the Plan. As to the ensuing portions of the Plan, which set a deadline for litigating class certification motions and thereafter a deadline for expert discovery, the Court, before resolving whether to adopt the proposed schedule, would benefit from a joint letter from counsel explaining the reason(s) for not commencing expert discovery until after class certification motions have been resolved. The Court so inquires on the premise that expert discovery, and the nature of the anticipated expert evidence, would appear to have potential to bear on various Rule 23 issues, including predominance, and on the contours of any certified class. The Court seeks to ensure that, at the time class certification motions are litigated, it has sufficient visibility into these issues to reliably resolve such motions. The parties' joint letter on this issue is due Friday, August 25, 2017. In the event the Court's inquiry leads the parties to reassess these aspects of the proposed Plan, the Court, upon a timely request, will extend this deadline. (Signed by Judge Paul A. Engelmayer on 8/21/2017) Filed In Associated Cases: 1:16-md-02704-PAE et al and 16mc2704. (ap)
August 14, 2017 Opinion or Order Filing 81 ORDER NO. 10 with respect to (241) Motion in case 1:16-md-02704-PAE. The Court invites a response from defendants, due Wednesday, August 23, 2017. The Court does not invite a reply. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/14/2017)***As per Chambers, Filed In All Member Cases: 1:16-md-02704-PAE et al. (anc) Modified on 8/14/2017 (anc).
August 14, 2017 Set/Reset Deadlines: Responses due by 8/23/2017. Associated Cases: 1:16-md-02704-PAE et al.(anc)
August 11, 2017 Filing 80 DECLARATION of Professor Darrell Duffie in Support re: (66 in 1:16-cv-04239-PAE, 73 in 1:16-cv-04563-PAE, 78 in 1:16-cv-03542-PAE, 66 in 1:16-cv-05260-PAE, 241 in 1:15-cv-09319-PAE, 65 in 1:16-cv-04566-PAE, 80 in 1:16-cv-04005-PAE, 78 in 1:16-cv-04561-PAE, 241 in 1:16-md-02704-PAE, 78 in 1:16-cv-02858-PAE, 68 in 1:16-cv-04089-PAE) MOTION for Clarification of the Court's July 28, 2017 Opinion and Order .. Document filed by Genesee County Employees' Retirement System, Mayor and City Council of Baltimore, Public School Teachers' Pension and Retirement Fund of Chicago. (Attachments: #1 Appendix A - Professor Duffie CV)Filed In Associated Cases: 1:16-md-02704-PAE et al.(Brockett, Daniel)
August 11, 2017 Filing 79 MEMORANDUM OF LAW in Support re: (66 in 1:16-cv-04239-PAE, 80 in 1:16-cv-04005-PAE, 78 in 1:16-cv-04561-PAE, 73 in 1:16-cv-04563-PAE, 78 in 1:16-cv-03542-PAE, 66 in 1:16-cv-05260-PAE, 241 in 1:15-cv-09319-PAE, 241 in 1:16-md-02704-PAE, 65 in 1:16-cv-04566-PAE, 78 in 1:16-cv-02858-PAE, 68 in 1:16-cv-04089-PAE) MOTION for Clarification of the Court's July 28, 2017 Opinion and Order . . Document filed by Genesee County Employees' Retirement System, Mayor and City Council of Baltimore, Public School Teachers' Pension and Retirement Fund of Chicago. Filed In Associated Cases: 1:16-md-02704-PAE et al.(Brockett, Daniel)
August 11, 2017 Filing 78 MOTION for Clarification of the Court's July 28, 2017 Opinion and Order . Document filed by Genesee County Employees' Retirement System, Mayor and City Council of Baltimore, Public School Teachers' Pension and Retirement Fund of Chicago.Filed In Associated Cases: 1:16-md-02704-PAE et al.(Brockett, Daniel)
July 28, 2017 Opinion or Order Filing 77 ORDER NO. 9: The Court directs counsel promptly to meet and confer, with an eye towards reaching agreement on a case management plan. Counsel's submission as to such a plan is due Friday, August 18, 2017; and as further set forth herein. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/28/2017)***Pursuant to instructions from Chambers, Filed In All Member Associated Cases: 1:16-md-02704-PAE et al.(anc)
July 28, 2017 Opinion or Order Filing 76 OPINION AND ORDER. For the reasons set out above: (1) The Court grants defendants' motion to dismiss class plaintiffs' claims of a Sherman Act 1 conspiracy to the extent covering the period 2008-2012. The Court denies defendants' motion to dismiss plaintiffs' 1 claims to the extent covering the period 2013-2016. (2) The Court grants defendants' motion to dismiss the claims of plaintiffs Javelin and Tera of tortious interference with business relations. (3) The Court denies defendants' motion to dismiss the claims of plaintiffs Javelin and Tera under the Donnelly Act, but limits these claims to the period 2013-2016. (4) The Court grants defendants' motion to dismiss the claims of plaintiffs Javelin and Tera of unjust enrichment. The Court denies defendants' motion to dismiss the class plaintiffs' claims of unjust enrichment, but limits these claims to the period 20132016. (5) The Court grants the motions to dismiss all claims against defendants HSBC, ICAP, and Tradeweb. (6) All other motions to dismiss are denied. An order will follow shortly as to next steps in this case. The Clerk of Court is respectfully directed to terminate all pending motions. SO ORDERED. re: (165 in 1:16-md-02704-PAE) MOTION to Dismiss all claims filed by ICAP Capital Markets LLC., ICAP SEF (US) LLC, (123 in 1:16-md-02704-PAE) JOINT MOTION to Dismiss All Claims filed by J.P. Morgan Securities LLC, J.P. Morgan Chase Bank, N.A., J.P. Morgan Chase & Co., J.P. Morgan Securities PLC, (159 in 1:16-md-02704-PAE) JOINT MOTION to Dismiss the Second Consolidated Amended Class Action Complaint and the Javelin and TeraExchange Plaintiffs' Second Consolidated Amended Complaint Filed on Behalf of The Dealer Defendants filed by J.P. Morgan Securities LLC, J.P. Morgan Chase Bank, N.A., J.P. Morgan Chase & Co., J.P. Morgan Securities PLC, (132 in 1:16-md-02704-PAE) MOTION to Dismiss all claims filed by ICAP Capital Markets LLC., (189 in 1:16-md-02704-PAE) MOTION to Dismiss all claims and adoption of prior submissions of ICAP Capital Markets LLC and ICAP SEF (US) LLC in support of same filed by ICAP Global Derivatives Limited, (169 in 1:16-md-02704-PAE) MOTION to Dismiss the Second Consolidated Amended Complaints filed by Tradeweb Markets LLC, (127 in 1:16-md-02704-PAE) MOTION to Dismiss the Consolidated Amended Complaints filed by Tradeweb Markets LLC. (Signed by Judge Paul A. Engelmayer on 7/28/2017) Filed In Associated Cases: 1:16-md-02704-PAE et al., as per Chambers. Party Tradeweb Markets LLC, HSBC Bank PLC and ICAP Capital Markets LLC terminated. (rjm).
July 20, 2017 Opinion or Order Filing 75 MEMO ENDORSEMENT on re: (235 in 1:16-md-02704-PAE) Letter filed by J.P. Morgan Securities LLC, J.P. Morgan Chase Bank, N.A., J.P. Morgan Chase & Co., J.P. Morgan Securities PLC. ENDORSEMENT: The Clerk of Court is respectfully directed to terminate Mr. Mohney as counsel in this litigation. SO ORDERED. (Attorney Seth Mohney terminated.) (Signed by Judge Paul A. Engelmayer on 7/20/2017) ***Pursuant to instructions from Chambers, Filed In Associated Cases: 1:16-md-02704-PAE et al.(anc)
June 19, 2017 Opinion or Order Filing 74 MEMO ENDORSEMENT on re: (223 in 1:16-md-02704-PAE) Letter, filed by J.P. Morgan Securities LLC, J.P. Morgan Chase Bank, N.A., J.P. Morgan Chase & Co., J.P. Morgan Securities PLC. ENDORSEMENT: The Court received the Dealer Defendants' letter, Dkt. 223, identifying and attaching materials that the Dealer Defendants contend are relevant public records cognizable on the pending motions to dismiss, and the letter responses by the Tera and Javelin, Dkt. 224, and class plaintiffs, Dkt. 225, disputing this claim. The Court does not require further submissions on this point and will resolve this dispute, to the extent necessary, in the course of the resolving the pending motions to dismiss. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/19/2017) **Pursuant to instructions from Chambers, Filed In Associated Cases: 1:16-md-02704-PAE et al.(anc)
June 15, 2017 Opinion or Order Filing 73 ORDER NO. 8: The Court instructed counsel to file the letter in Tera II and to send the letter electronically to the Court's chambers, and that the Court would file that letter on the In re IRS docket for the benefit of the parties. The Court does so here as an attachment to this order. The Court does not invite a letter in response. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/15/2017)**As per Chambers, Filed In Associated Cases: 1:16-md-02704-PAE et al.(anc) Modified on 6/16/2017 (anc).
June 12, 2017 Filing 72 JOINT LETTER addressed to Judge Paul A. Engelmayer from Adam S. Hakki dated June 12, 2017 re: Related Case Statement Filed on Behalf of the Dealer Defendants. Document filed by Bank of America Corporation, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Bank Of America Corporation, Bank of America, N.A., Bank of America Corporation, Bank of America N.A., Merrill Lynch, Pierce Fenner & Smith Incorporated, Bank of America Corporation,, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Bank of America Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)Filed In Associated Cases: 1:16-md-02704-PAE et al.(Hakki, Adam)
May 22, 2017 Filing 71 NOTICE of Corporate Name Change to Goldman Sachs & Co. LLC. Document filed by Goldman, Sachs & Co.. Filed In Associated Cases: 1:16-md-02704-PAE et al.(Sperling, Robert)
May 15, 2017 Opinion or Order Filing 70 ORDER NO. 7: Argument on the pending motions to dismiss is scheduled for Tuesday, May 23, 2017, from 9 a.m. to 12 noon, in courtroom 318 of the Thurgood Marshall United States Courthouse. (Note: This courtroom is not Judge Engelmayer's regular courtroom.) The Court requests that counsel arrive at the courthouse sufficiently in advance to proceed through security such that counsel can check in at the courtroom at least 15 minutes in advance of 9 a.m. Further, the Court directs counsel to submit a joint letter by Wednesday, May 17, 2017, identifying the lawyer or lawyers whom each side expects to argue and the sequence in which they will speak. Each side is allocated a total of one hour for argument. The Court expects to use the remaining time as circumstances merit. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/15/2017) Filed In Associated Cases: 1:16-md-02704-PAE et al.(anc)
April 19, 2017 Opinion or Order Filing 69 ORDER NO. 6: The Court hereby schedules argument on the motions to dismiss the SAC for Tuesday, May 23, 2017, from 9 a.m. to 12 noon. The Court expects that date to remain available for this argument. However, the Court asks counsel also to hold available Wednesday, June 7, 2017, from 9 a.m. to 12 noon as an alternate date for argument, to cover the unlikely event that a criminal trial that begins on Monday, May 8, 2017, is still ongoing on May 23. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/19/2017)*** As per chambers Filed In Associated Cases: 1:16-md-02704-PAE and all member cases. (anc)
April 11, 2017 Opinion or Order Filing 68 ORDER NO. 5 terminating (130) Letter Motion for Oral Argument; terminating (138) Letter Motion for Oral Argument; terminating (164) Letter Motion for Oral Argument; terminating (172) Letter Motion for Oral Argument in case 1:16-md-02704-PAE. Accordingly, the Court hereby schedules argument on the motions to dismiss the SAC for Tuesday, May 2, 2017, from 9 a.m. to 12 noon. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/11/2017) *** As per chambers Filed In Associated Cases: 1:16-md-02704-PAE and all member cases. (anc)
March 24, 2017 Filing 67 LETTER addressed to Judge Paul A. Engelmayer from Andrew Marovitz dated 03/24/2017 re: Courtesy Copies from the HSBC Defendants. Document filed by HSBC Bank PLC, HSBC Bank USA, N.A., HSBC Securities (USA) Inc..Filed In Associated Cases: 1:16-md-02704-PAE et al.(Marovitz, Andrew)
March 24, 2017 Filing 66 REPLY MEMORANDUM OF LAW in Support re: (159 in 1:16-md-02704-PAE) JOINT MOTION to Dismiss the Second Consolidated Amended Class Action Complaint and the Javelin and TeraExchange Plaintiffs' Second Consolidated Amended Complaint Filed on Behalf of The Dealer Defendants. . Document filed by HSBC Bank PLC, HSBC Bank USA, N.A., HSBC Securities (USA) Inc.. Filed In Associated Cases: 1:16-md-02704-PAE et al.(Marovitz, Andrew)
March 24, 2017 Filing 65 DECLARATION of Stacey Anne Mahoney in Support re: (165 in 1:16-md-02704-PAE) MOTION to Dismiss all claims., (189 in 1:16-md-02704-PAE) MOTION to Dismiss all claims and adoption of prior submissions of ICAP Capital Markets LLC and ICAP SEF (US) LLC in support of same.. Document filed by ICAP Capital Markets LLC, ICAP SEF (US) LLC, ICAP Capital Markets LLC., ICAP Capital Markets L.L.C., ICAP Capital Markets LLC, ICAP Global Derivatives Limited. (Attachments: #1 Press Release, ICAP plc, ICAP to Take Euro Interest Rate Swaps Electronic)Filed In Associated Cases: 1:16-md-02704-PAE et al.(Mahoney, Stacey)
March 24, 2017 Filing 64 REPLY MEMORANDUM OF LAW in Support re: (165 in 1:16-md-02704-PAE) MOTION to Dismiss all claims., (189 in 1:16-md-02704-PAE) MOTION to Dismiss all claims and adoption of prior submissions of ICAP Capital Markets LLC and ICAP SEF (US) LLC in support of same. . Document filed by ICAP Capital Markets LLC, ICAP SEF (US) LLC, ICAP Capital Markets LLC., ICAP Capital Markets L.L.C., ICAP Capital Markets LLC, ICAP Global Derivatives Limited. Filed In Associated Cases: 1:16-md-02704-PAE et al.(Roellke, Jon)
February 17, 2017 Filing 63 MEMORANDUM OF LAW in Opposition re: (165 in 1:16-md-02704-PAE) MOTION to Dismiss all claims., (159 in 1:16-md-02704-PAE) JOINT MOTION to Dismiss the Second Consolidated Amended Class Action Complaint and the Javelin and TeraExchange Plaintiffs' Second Consolidated Amended Complaint Filed on Behalf of The Dealer Defendants., (189 in 1:16-md-02704-PAE) MOTION to Dismiss all claims and adoption of prior submissions of ICAP Capital Markets LLC and ICAP SEF (US) LLC in support of same., (169 in 1:16-md-02704-PAE) MOTION to Dismiss the Second Consolidated Amended Complaints. Class Plaintiffs' Consolidated Opposition to Defendants' Motions to Dismiss. Document filed by Genesee County Employees' Retirement System, Mayor and City Council of Baltimore, Public School Teachers' Pension and Retirement Fund of Chicago. (Attachments: #1 Appendix A, #2 Appendix B)Filed In Associated Cases: 1:16-md-02704-PAE et al.(Brockett, Daniel)
February 14, 2017 Filing 62 SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent ICAP Broking Holding North America LLC, Corporate Parent TP ICAP plc for ICAP SEF (US) LLC, ICAP SEF (US) LLC, ICAP SEF (US) LLC, ICAP SEF (US) LLC, ICAP SEF (US) LLC, ICAP SEF (US) LLC, ICAP SEF (US) LLC, ICAP SEF (US) LLC, ICAP SEF (US) LLC, ICAP SEF (US) LLC, ICAP SEF (US) LLC. Document filed by ICAP SEF (US) LLC.Filed In Associated Cases: 1:16-md-02704-PAE et al.(Mahoney, Stacey)
February 14, 2017 Filing 61 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent TP ICAP plc, Corporate Parent ICAP Holdings (UK) Ltd. for ICAP Global Derivatives Limited. Document filed by ICAP Global Derivatives Limited.Filed In Associated Cases: 1:16-md-02704-PAE et al.(Mahoney, Stacey)
February 14, 2017 Opinion or Order Filing 60 ORDER granting (184 in case 1:16-md-02704-PAE) Letter Motion for Leave to File Excess Pages. Granted. (Signed by Judge Paul A. Engelmayer on 2/14/2017) Filed In Associated Cases: 1:16-md-02704-PAE et al. (cla)
February 14, 2017 Opinion or Order Filing 59 STIPULATION AND ORDER REGARDING MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties, that: 1. IGDL will submit its motion to dismiss joining in JCM's and ICAP SEF's Rule 12(b)(6) Motion and asse1ting as grounds for dismissal the same grounds as set forth in that Motion promptly upon the Court's entry of this proposed Order. 2. Javelin and Tera Plaintiffs and Class Plaintiffs will submit their briefs in opposition to IGDL' s Rule 12(b)( 6) motion on February 17, 2017, pursuant to the briefing schedule previously established by the Court for the already pending motions (see Dkt. No. 92). 3. IGDL's time to file its Rule 12(b)(2) Motion is adjourned sine die. 4. Javelin and Tera Plaintiffs, Class Plaintiffs, and IGDL agree that, by adjourning sine die the briefing on IGDL's Rule 12(b)(2) Jurisdictional Motion, none of them arc waiving, and all expressly reserve, any rights or defenses, including with respect to any defense based on lack of personal jurisdiction. 5. If IGDL decides to file its Rule l 2(b)(2) Jurisdictional Motion after the Court rules on ICM's and ICAP SEF's Rule 12(b)(6) Motion, then the parties shall submit a stipulation with a proposed briefing schedule for IGDL's Rule 12(b)(2) Jurisdictional Motion within 14 days after the Court issues its ruling on ICM's and ICAP SEF's Rule 12(b)(6) Motion. (Responses due by 2/17/2017) (Signed by Judge Paul A. Engelmayer on 2/14/2017) Filed In Associated Cases: 1:16-md-02704-PAE et al.(cla)
February 13, 2017 Filing 58 LETTER MOTION for Leave to File Excess Pages addressed to Judge Paul A. Engelmayer from Daniel L. Brockett dated February 13, 2017. Document filed by Genesee County Employees' Retirement System, Mayor and City Council of Baltimore, Public School Teachers' Pension and Retirement Fund of Chicago.Filed In Associated Cases: 1:16-md-02704-PAE et al.(Brockett, Daniel)
February 10, 2017 Filing 57 LETTER addressed to Judge Paul A. Engelmayer from Jon R. Roellke dated February 10, 2017 re: enclosing a joint stipulation and proposed order regarding motion to dismiss for lack of personal jurisdiction. Document filed by ICAP Global Derivatives Limited. (Attachments: #1 Stipulation and [Proposed] Order Regarding Motion To Dismiss For Lack of Personal Jurisdiction)Filed In Associated Cases: 1:16-md-02704-PAE et al.(Roellke, Jon)
February 10, 2017 Filing 56 NOTICE OF APPEARANCE by Anthony R. Van Vuren on behalf of ICAP Global Derivatives Limited. Filed In Associated Cases: 1:16-md-02704-PAE et al.(Van Vuren, Anthony)
February 10, 2017 Filing 55 NOTICE OF APPEARANCE by Stacey Anne Mahoney on behalf of ICAP Global Derivatives Limited. Filed In Associated Cases: 1:16-md-02704-PAE et al.(Mahoney, Stacey)
February 10, 2017 Filing 54 NOTICE OF APPEARANCE by Harry T. Robins on behalf of ICAP Global Derivatives Limited. Filed In Associated Cases: 1:16-md-02704-PAE et al.(Robins, Harry)
February 10, 2017 Filing 53 NOTICE OF APPEARANCE by Jon Randall Roellke on behalf of ICAP Global Derivatives Limited. Filed In Associated Cases: 1:16-md-02704-PAE et al.(Roellke, Jon)
January 19, 2017 Filing 52 NOTICE OF APPEARANCE by Jon Randall Roellke on behalf of ICAP SEF (US) LLC. Filed In Associated Cases: 1:16-md-02704-PAE et al.(Roellke, Jon)
January 19, 2017 Filing 51 NOTICE OF APPEARANCE by Anthony R. Van Vuren on behalf of ICAP Capital Markets LLC, ICAP SEF (US) LLC, ICAP Capital Markets LLC., ICAP Capital Markets L.L.C., ICAP Capital Markets LLC. Filed In Associated Cases: 1:16-md-02704-PAE et al.(Van Vuren, Anthony)
January 19, 2017 Filing 50 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent ICAP Broking Holding North America LLC, Corporate Parent TP ICAP plc for ICAP SEF (US) LLC, ICAP SEF (US) LLC, ICAP SEF (US) LLC, ICAP SEF (US) LLC, ICAP SEF (US) LLC, ICAP SEF (US) LLC, ICAP SEF (US) LLC, ICAP SEF (US) LLC, ICAP SEF (US) LLC, ICAP SEF (US) LLC, ICAP SEF (US) LLC, ICAP SEF (US) LLC. Document filed by ICAP SEF (US) LLC.Filed In Associated Cases: 1:16-md-02704-PAE et al.(Mahoney, Stacey)
January 19, 2017 Filing 49 SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent ICAP Group Investments Inc. for ICAP Capital Markets L.L.C., ICAP Capital Markets L.L.C., ICAP Capital Markets L.L.C., ICAP Capital Markets LLC, ICAP Capital Markets LLC, ICAP Capital Markets LLC, ICAP Capital Markets LLC, ICAP Capital Markets LLC, ICAP Capital Markets LLC, ICAP Capital Markets LLC., ICAP Capital Markets LLC.. Document filed by ICAP Capital Markets LLC, ICAP Capital Markets LLC., ICAP Capital Markets L.L.C., ICAP Capital Markets LLC.Filed In Associated Cases: 1:16-md-02704-PAE et al.(Mahoney, Stacey)
January 19, 2017 Filing 48 NOTICE OF APPEARANCE by Harry T. Robins on behalf of ICAP SEF (US) LLC. Filed In Associated Cases: 1:16-md-02704-PAE et al.(Robins, Harry)
January 18, 2017 Filing 47 NOTICE OF APPEARANCE by Stacey Anne Mahoney on behalf of ICAP SEF (US) LLC. Filed In Associated Cases: 1:16-md-02704-PAE et al.(Mahoney, Stacey)
December 19, 2016 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. #46 Request for Issuance of Summons, #43 Request for Issuance of Summons, #44 Request for Issuance of Summons, #45 Request for Issuance of Summons,. The filing is deficient for the following reason(s): The summons had the MDL number listed on the request and the second amended complaint was only filed on the MDL case;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (laq)
December 14, 2016 Filing 46 FILING ERROR - PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to ICAP Global Derivatives Limited, re: (145 in 1:16-md-02704-PAE) Amended Complaint,,,,,,. Document filed by Javelin Capital Markets LLC, Tera Advanced Technologies, LLC, Tera Group, Inc., TeraExchange, LLC. Filed In Associated Cases: 1:16-md-02704-PAE, 1:16-cv-02858-PAE, 1:16-cv-03542-PAE(Ogden, Thomas) Modified on 12/19/2016 (laq). Modified on 12/19/2016 (laq).
December 14, 2016 Filing 45 FILING ERROR - PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to ICAP SEF (US) LLC, re: (145 in 1:16-md-02704-PAE) Amended Complaint,,,,,,. Document filed by Javelin Capital Markets LLC, Tera Advanced Technologies, LLC, Tera Group, Inc., TeraExchange, LLC. Filed In Associated Cases: 1:16-md-02704-PAE, 1:16-cv-02858-PAE, 1:16-cv-03542-PAE(Ogden, Thomas) Modified on 12/19/2016 (laq).
December 9, 2016 Filing 44 FILING ERROR - PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to ICAP Global Derivatives Limited, re: (142 in 1:16-md-02704-PAE) Amended Complaint,,,,,,,. Document filed by Genesee County Employees' Retirement System, Mayor and City Council of Baltimore, Public School Teachers' Pension and Retirement Fund of Chicago. Filed In Associated Cases: 1:16-md-02704-PAE et al.(Brockett, Daniel) Modified on 12/19/2016 (laq). Modified on 12/19/2016 (laq). Modified on 12/19/2016 (laq).
December 9, 2016 Filing 43 FILING ERROR - PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to ICAP SEF (US) LLC, re: (142 in 1:16-md-02704-PAE) Amended Complaint,,,,,,,. Document filed by Genesee County Employees' Retirement System, Mayor and City Council of Baltimore, Public School Teachers' Pension and Retirement Fund of Chicago. Filed In Associated Cases: 1:16-md-02704-PAE et al.(Brockett, Daniel) Modified on 12/19/2016 (laq).
November 4, 2016 Filing 42 NOTICE OF APPEARANCE by Jon Randall Roellke on behalf of ICAP Capital Markets LLC, ICAP Capital Markets LLC., ICAP Capital Markets L.L.C., ICAP Capital Markets LLC. Filed In Associated Cases: 1:16-md-02704-PAE et al.(Roellke, Jon)
November 4, 2016 Filing 41 NOTICE OF APPEARANCE by Jon Randall Roellke on behalf of ICAP Capital Markets LLC. Filed In Associated Cases: 1:16-md-02704-PAE et al.(Roellke, Jon)
August 11, 2016 Filing 40 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Caitlyn N. Chacon to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Tradeweb Markets LLC, Tradeweb Markets LLC. (Attachments: #1 Exhibit A - Certificate of Good Standing from Supreme Court of California, #2 Text of Proposed Order)Filed In Associated Cases: 1:16-md-02704-PAE et al.(Chacon, Caitlyn) Modified on 8/11/2016 (wb).
August 11, 2016 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice re: Document No. #40 MOTION for Caitlyn N. Chacon to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): the filing fee was not paid;.. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents.For Each additional Civil case in and MD case you must pay the fee of $200.00 if you have question please call 212-805-0136. (wb)
August 3, 2016 Opinion or Order Filing 39 OPINION & ORDER NO.4 re: (74 in 1:16-md-02704-PAE, 176 in 1:15-cv-09319-PAE, 16 in 1:16-cv-04566-PAE, 24 in 1:16-cv-04563-PAE, 19 in 1:16-cv-04239-PAE, 28 in 1:16-cv-03542-PAE, 32 in 1:16-cv-04005-PAE, 30 in 1:16-cv-04561-PAE, 28 in 1:16-cv-02858-PAE, 21 in 1:16-cv-04089-PAE, 16 in 1:16-cv-05260-PAE) MOTION to Appoint Counsel Application to Appoint Quinn Emanuel Urquhart & Sullivan, LLP and Cohen Milstein Sellers & Toll PLLC Interim Co-Lead Class Counsel, filed by Public School Teachers' Pension and Retirement Fund of Chicago, (19 in 1:16-cv-04566-PAE, 31 in 1:16-cv-03542-PAE, 35 in 1:16-cv-04005-PAE, 81 in 1:16-md-02704-PAE, 24 in 1:16-cv-04089-PAE, 22 in 1:16-cv-04239-PAE, 31 in 1:16-cv-02858-PAE, 179 in 1:15-cv-09319-PAE, 33 in 1:16-cv-04561-PAE, 20 in 1:16-cv-05260-PAE, 27 in 1:16-cv-04563-PAE) MOTION to Appoint Counsel Re: Interim Lead Counsel for Plaintiffs, filed by Mayor and City Council of Baltimore, (85 in 1:16-md-02704-PAE) JOINT MOTION to Appoint Counsel BY HAUSFELD LLP AND BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP. filed by Kansas City, Missouri Employees' Retirement System, (29 in 1:16-cv-04563-PAE, 181 in 1:15-cv-09319-PAE, 24 in 1:16-cv-05260-PAE, 38 in 1:16-cv-04005-PAE, 24 in 1:16-cv-04239-PAE, 26 in 1:16-cv-04089-PAE, 90 in 1:16-md-02704-PAE, 33 in 1:16-cv-02858-PAE, 21 in 1:16-cv-04566-PAE, 36 in 1:16-cv-04561-PAE, 33 in 1:16-cv-03542-PAE) MOTION to Appoint Counsel Motion to Appoint Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC, as Interim Co-Lead Class Counsel, filed by THE CITY OF PHILADELPHIA, Policemen's Annuity & Benefit Fund Of Chicago, Cullman Regional Medical Center, Inc., Policemen's Annuity and Benefit Fund of Chicago, Harrison County, Mississippi, Magnolia Regional Health Center, (77 in 1:16-md-02704-PAE) MOTION to Appoint Counsel - Application of Hagens Berman Sobol Shapiro LLP for Appointment to the Plaintiffs' Committee. filed by LDLJ Associates, L.P., Lawrence W. Gardner, LD Construction LLC, David Gardner, (82 in 1:16-md-02704-PAE) MOTION to Appoint Counsel Application of Labaton Sucharow LLP to be appointed as Interim Co-Lead Counsel, or, in the alternative, a member of the Executive Committee, filed by Genesee County Employees' Retirement System, (19 in 1:16-cv-05260-PAE, 79 in 1:16-md-02704-PAE) MOTION to Designate Berger & Montague, P.C. as an Executive Committee Member to Assist Court Appointed Lead Counsel , filed by Triangle T Partners, LLC. For the foregoing reasons, it is hereby: ORDERED that the motion to appoint Quinn Emanuel and Cohen Milstein as Interim Co-Lead Counsel for the putative class, Dkt. 74, is granted. Quinn Emanuel and Cohen Milstein shall be responsible for the overall conduct of the litigation on behalf of the putative class of investor plaintiffs, including providing supervision of all class-plaintiffs' counsel in this litigation. It is further ORDERED that the motions by other counsel for appointment as interim co-lead counsel, or for appointment to a formal plaintiffs' committee, Dkts. 77, 79, 81, 82, 85, 90, are denied. It is further ORDERED that Interim Co-Lead Counsel may not delegate its responsibilities or assign legal work to other law firms without the prior approval of the Court, except that the Court hereby pre-approves such delegation of responsibilities to Hagens Berman, Kellogg Huber, and Susman Godfrey. The decision of when to draw on the resources and expertise of other law firms is left to the sole discretion of the Interim Co-Lead Counsel. Court approval of assignments to these three firms is not required. No firm to which Interim Co-Lead Counsel delegates responsibility may further sub-delegate the work without the prior approval of Interim Co-Lead Counsel and the Court. It is further ORDERED that the Court designates Adam S. Hakki and Richard F. Schwed of Shearman & Sterling and Kenneth A. Gallo and Julia Tarver-Mason Wood of Paul Weiss as liaison counsel for defendants. The purpose of this designation is solely for the purposes of facilitating communication with the Court. (As further set forth in this Opinion) (Signed by Judge Paul A. Engelmayer on 8/3/2016) Filed In Associated Cases: 1:16-md-02704-PAE et al.(kl)
July 28, 2016 Filing 38 LETTER addressed to Judge Paul A. Engelmayer from Michael J. Guzman dated July 28, 2016 re: Kellogg's Inclusion as Member of Executive Committee. Document filed by Cullman Regional Medical Center, Inc., Cullman Regional Medical Center, Inc.(on behalf of themselves and all others similarly situated), Harrison County, Mississippi, Magnolia Regional Health Center, Policemen's Annuity & Benefit Fund Of Chicago, Policemen's Annuity and Benefit Fund of Chicago, THE CITY OF PHILADELPHIA(On Behalf of Itself and All Others Similarly Situated ), THE CITY OF PHILADELPHIA.Filed In Associated Cases: 1:16-md-02704-PAE et al.(Guzman, Michael)
July 27, 2016 Filing 37 NOTICE OF APPEARANCE by Nicholas Grant Olear Veliky on behalf of Tera Advanced Technologies, LLC, Tera Group, Inc., TeraExchange, LLC, Javelin Capital Markets LLC, Javelin SEF, LLC. Filed In Associated Cases: 1:16-md-02704-PAE, 1:16-cv-02858-PAE, 1:16-cv-03542-PAE(Veliky, Nicholas)
July 26, 2016 Opinion or Order Filing 35 ORDER NO. 3: The Court accepts defendants' stipulation. It is hereby SO ORDERED. For the reasons stated on the record at today's conference, the Court hereby sets the following schedule, which is intended to cover the period through the resolution of defendants' anticipated motions to dismiss. Defendants shall file a letter designating one or two defense counsel as liaison counsel, solely for the purpose of facilitating communication with the Court, by July 29, 2016. The putative class plaintiffs shall file a Consolidated Class Complaint, and plaintiffs Tera Group, Inc., and its affiliates, and Javelin Capital Markets LLC, and its affiliate, shall file a Consolidated Tera/Javelin Complaint (collectively, the "Consolidated Complaints") by September 9, 2016. Defendants shall file any motions to dismiss the Consolidated Complaints by November 4, 2016. In response to the motions to dismiss, plaintiffs shall either amend the Consolidated Complaints, or file oppositions to the motions to dismiss, by December 9, 2016. If the plaintiffs oppose the motions to dismiss, defendants shall file reply briefs by January 20, 2017. If plaintiffs amend the Consolidated Complaints, defendants shall file any new motions to dismiss by January 20, 2017, plaintiffs shall file any oppositions to the motions to dismiss by February 17, 2017, and defendants shall file any reply briefs by March 17, 2017. Discovery is hereby stayed pending the Court's resolution of defendants' anticipated motions to dismiss. However, counsel for plaintiffs and defendants are directed to meet and confer promptly upon the completion of briefing on the motions to dismiss, and to prepare for and negotiate the logistical parameters of document discovery. All of the filings specified in the above schedule shall be filed simultaneously on the dockets of 16-MD-2704 and 16-MC-2704. (As further set forth in this Order) (Amended Pleadings due by 12/9/2016., Motions due by 1/20/2017., Responses due by 2/17/2017, Replies due by 3/17/2017.) (Signed by Judge Paul A. Engelmayer on 7/26/2016) Filed In Associated Cases: 1:16-md-02704-PAE et al.(kl) Modified on 7/27/2016 (kl).
July 26, 2016 Filing 34 MEMORANDUM OF LAW in Support re: (20 in 1:16-cv-04566-PAE, 25 in 1:16-cv-04089-PAE, 23 in 1:16-cv-04239-PAE, 22 in 1:16-cv-05260-PAE, 32 in 1:16-cv-02858-PAE, 36 in 1:16-cv-04005-PAE, 32 in 1:16-cv-03542-PAE, 28 in 1:16-cv-04563-PAE, 34 in 1:16-cv-04561-PAE, 180 in 1:15-cv-09319-PAE) MOTION to Appoint Counsel To Appoint Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C. as Interim Co-Lead Class Counsel., (29 in 1:16-cv-04563-PAE, 181 in 1:15-cv-09319-PAE, 24 in 1:16-cv-05260-PAE, 38 in 1:16-cv-04005-PAE, 24 in 1:16-cv-04239-PAE, 26 in 1:16-cv-04089-PAE, 90 in 1:16-md-02704-PAE, 21 in 1:16-cv-04566-PAE, 33 in 1:16-cv-02858-PAE, 36 in 1:16-cv-04561-PAE, 33 in 1:16-cv-03542-PAE) MOTION to Appoint Counsel Motion to Appoint Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC, as Interim Co-Lead Class Counsel. . Document filed by THE CITY OF PHILADELPHIA(On Behalf of Itself and All Others Similarly Situated ), Cullman Regional Medical Center, Inc., Cullman Regional Medical Center, Inc.(on behalf of themselves and all others similarly situated), Harrison County, Mississippi, Magnolia Regional Health Center, Policemen's Annuity & Benefit Fund Of Chicago, Policemen's Annuity and Benefit Fund of Chicago, THE CITY OF PHILADELPHIA. (Attachments: #1 Exhibit 1, #2 Exhibit 2)Filed In Associated Cases: 1:16-md-02704-PAE et al.(Guzman, Michael)
July 26, 2016 Filing 33 MOTION to Appoint Counsel Motion to Appoint Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC, as Interim Co-Lead Class Counsel. Document filed by THE CITY OF PHILADELPHIA(On Behalf of Itself and All Others Similarly Situated ), Policemen's Annuity and Benefit Fund of Chicago, Cullman Regional Medical Center, Inc., Cullman Regional Medical Center, Inc.(on behalf of themselves and all others similarly situated), Harrison County, Mississippi, Magnolia Regional Health Center, Policemen's Annuity & Benefit Fund Of Chicago, THE CITY OF PHILADELPHIA.Filed In Associated Cases: 1:16-md-02704-PAE et al.(Guzman, Michael)
July 26, 2016 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Michael John Guzman to RE-FILE Document (32 in 1:16-cv-03542-PAE, 20 in 1:16-cv-04566-PAE, 28 in 1:16-cv-04563-PAE, 34 in 1:16-cv-04561-PAE, 25 in 1:16-cv-04089-PAE, 23 in 1:16-cv-04239-PAE, 86 in 1:16-md-02704-PAE, 180 in 1:15-cv-09319-PAE, 22 in 1:16-cv-05260-PAE, 32 in 1:16-cv-02858-PAE, 36 in 1:16-cv-04005-PAE) MOTION to Appoint Counsel To Appoint Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C. as Interim Co-Lead Class Counsel. Use the event type Memorandum of Law in Support of Motion found under the event list Replies, Opposition and Supporting Documents. **NOTE** You must file a Motion document first, then re-file the Memorandum of Law and link to the Motion. Filed In Associated Cases: 1:16-md-02704-PAE et al.(ldi)
July 22, 2016 Filing 32 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Appoint Counsel To Appoint Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C. as Interim Co-Lead Class Counsel. Document filed by THE CITY OF PHILADELPHIA(On Behalf of Itself and All Others Similarly Situated ), Cullman Regional Medical Center, Inc.(on behalf of themselves and all others similarly situated), Harrison County, Mississippi, Magnolia Regional Health Center, Policemen's Annuity and Benefit Fund of Chicago, Cullman Regional Medical Center, Inc., Policemen's Annuity & Benefit Fund Of Chicago, THE CITY OF PHILADELPHIA. (Attachments: #1 Exhibit 1, #2 Exhibit 2)Filed In Associated Cases: 1:16-md-02704-PAE et al.(Guzman, Michael) Modified on 7/26/2016 (ldi).
July 22, 2016 Filing 31 MOTION to Appoint Counsel Re: Interim Lead Counsel for Plaintiffs. Document filed by Mayor and City Council of Baltimore. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:16-md-02704-PAE et al.(Subramanian, Arun)
July 22, 2016 Filing 30 DECLARATION of Michael B. Eisenkraft in Support re: (74 in 1:16-md-02704-PAE, 176 in 1:15-cv-09319-PAE, 16 in 1:16-cv-04566-PAE, 24 in 1:16-cv-04563-PAE, 19 in 1:16-cv-04239-PAE, 28 in 1:16-cv-03542-PAE, 32 in 1:16-cv-04005-PAE, 30 in 1:16-cv-04561-PAE, 28 in 1:16-cv-02858-PAE, 21 in 1:16-cv-04089-PAE, 16 in 1:16-cv-05260-PAE) MOTION to Appoint Counsel Application to Appoint Quinn Emanuel Urquhart & Sullivan, LLP and Cohen Milstein Sellers & Toll PLLC Interim Co-Lead Class Counsel.. Document filed by Public School Teachers' Pension and Retirement Fund of Chicago. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)Filed In Associated Cases: 1:16-md-02704-PAE et al.(Brockett, Daniel)
July 22, 2016 Filing 29 DECLARATION of Daniel L. Brockett in Support re: (74 in 1:16-md-02704-PAE, 176 in 1:15-cv-09319-PAE, 16 in 1:16-cv-04566-PAE, 24 in 1:16-cv-04563-PAE, 19 in 1:16-cv-04239-PAE, 28 in 1:16-cv-03542-PAE, 32 in 1:16-cv-04005-PAE, 30 in 1:16-cv-04561-PAE, 28 in 1:16-cv-02858-PAE, 21 in 1:16-cv-04089-PAE, 16 in 1:16-cv-05260-PAE) MOTION to Appoint Counsel Application to Appoint Quinn Emanuel Urquhart & Sullivan, LLP and Cohen Milstein Sellers & Toll PLLC Interim Co-Lead Class Counsel.. Document filed by Public School Teachers' Pension and Retirement Fund of Chicago. (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)Filed In Associated Cases: 1:16-md-02704-PAE et al.(Brockett, Daniel)
July 22, 2016 Filing 28 MOTION to Appoint Counsel Application to Appoint Quinn Emanuel Urquhart & Sullivan, LLP and Cohen Milstein Sellers & Toll PLLC Interim Co-Lead Class Counsel. Document filed by Public School Teachers' Pension and Retirement Fund of Chicago. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:16-md-02704-PAE et al.(Brockett, Daniel)
July 19, 2016 Filing 27 LETTER addressed to Judge Paul A. Engelmayer from Daniel L. Brockett dated July 19, 2016 re: Plaintiffs' Status Letter. Document filed by Public School Teachers' Pension and Retirement Fund of Chicago.Filed In Associated Cases: 1:16-md-02704-PAE et al.(Brockett, Daniel)
July 19, 2016 Filing 26 JOINT LETTER addressed to Judge Paul A. Engelmayer from Daniel L. Brockett and Adam S. Hakki dated July 19, 2016 re: Initial Conference Agenda and Schedule. Document filed by Public School Teachers' Pension and Retirement Fund of Chicago.Filed In Associated Cases: 1:16-md-02704-PAE et al.(Brockett, Daniel)
July 19, 2016 Filing 25 NOTICE OF APPEARANCE by John D Buretta on behalf of Morgan Stanley, Morgan Stanley & Co. International PLC, Morgan Stanley & Co. LLC, Morgan Stanley Bank International Limited, Morgan Stanley Bank, N.A., Morgan Stanley Capital Services LLC, Morgan Stanley Derivative Products Inc.. Filed In Associated Cases: 1:16-md-02704-PAE et al.(Buretta, John)
July 19, 2016 Opinion or Order Filing 24 STIPULATION AS TO ACCEPTANCE OF SERVICE AND RESERVATION OF RIGHTS: IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned counsel on behalf of their respective clients listed after each signature block below, as follows: 1. Subject to the reservation of rights set forth in paragraph 2 below, the undersigned counsel accept service of process on behalf of their respective clients listed after each signature block below, in the following actions (collectively, the "Actions"): a. Tera Group, Inc., et al. v. Bank of America Corporation, et al., No. 16-cv-2858 (PAE); and b. Javelin Capital Markets LLC, et al. v. Bank of America Corporation, et al., No. 16-cv-3542 (PAE). 2. Except as to the sufficiency and service of process, each defendant expressly reserves, and does not waive, any of its rights, defenses or objections, including those defenses related to personal jurisdiction and venue and the right to contest whether any party in the Actions is properly named. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/19/2016) Filed In Associated Cases: 1:16-md-02704-PAE, 1:16-cv-02858-PAE, 1:16-cv-03542-PAE(kl)
July 18, 2016 Opinion or Order Filing 36 ORDER NO. 2: The Court has reviewed the letter submitted by Temporary Plaintiffs' Counsel, filed July 8, 2016. 16-MC-2704, Dkt. 5. In order to facilitate the discussion at the initial conference, scheduled for July 26, 2016, the Court hereby directs that any leadership applications by plaintiffs' counsel shall be filed by 5 p.m. on Friday, July 22, 2016. Such submissions shall be no more than 15 pages. No response briefs are invited at this time. (Signed by Judge Paul A. Engelmayer on 7/18/2016) Filed In Associated Cases: 1:16-md-02704-PAE et al.(kko)
July 8, 2016 Filing 23 LETTER addressed to Judge Paul A. Engelmayer from Daniel L. Brockett dated July 8, 2016 re: Leadership Structure and Appointment Process. Document filed by Public School Teachers' Pension and Retirement Fund of Chicago.Filed In Associated Cases: 1:16-md-02704-PAE et al.(Brockett, Daniel)
June 30, 2016 Filing 22 CERTIFICATE OF SERVICE. Service was made by Mail. Document filed by TeraExchange, LLC, Tera Advanced Technologies, LLC, Tera Group, Inc.. Filed In Associated Cases: 1:16-md-02704-PAE, 1:16-cv-02858-PAE(Ogden, Thomas)
June 28, 2016 Filing 21 WAIVER OF SERVICE RETURNED EXECUTED. Document filed by TeraExchange, LLC, Tera Advanced Technologies, LLC, Javelin SEF, LLC, Tera Group, Inc., Javelin Capital Markets LLC. Filed In Associated Cases: 1:16-md-02704-PAE, 1:16-cv-02858-PAE, 1:16-cv-03542-PAE(Brennan, James)
June 15, 2016 Filing 20 NOTICE OF APPEARANCE by Michael Brenton Byars on behalf of Morgan Stanley, Morgan Stanley & Co. International PLC, Morgan Stanley & Co. LLC, Morgan Stanley Bank International Limited, Morgan Stanley Bank, N.A., Morgan Stanley Capital Services LLC, Morgan Stanley Derivative Products Inc.. Filed In Associated Cases: 1:16-md-02704-PAE et al.(Byars, Michael)
June 15, 2016 Filing 19 NOTICE OF APPEARANCE by Michael A Paskin on behalf of Morgan Stanley, Morgan Stanley & Co. International PLC, Morgan Stanley & Co. LLC, Morgan Stanley Bank International Limited, Morgan Stanley Bank, N.A., Morgan Stanley Capital Services LLC, Morgan Stanley Derivative Products Inc.. Filed In Associated Cases: 1:16-md-02704-PAE et al.(Paskin, Michael)
June 15, 2016 Filing 18 NOTICE OF APPEARANCE by Daniel Slifkin on behalf of Morgan Stanley, Morgan Stanley & Co. International PLC, Morgan Stanley & Co. LLC, Morgan Stanley Bank International Limited, Morgan Stanley Bank, N.A., Morgan Stanley Capital Services LLC, Morgan Stanley Derivative Products Inc.. Filed In Associated Cases: 1:16-md-02704-PAE et al.(Slifkin, Daniel)
June 10, 2016 Opinion or Order Filing 17 ORDER NO.1: It is hereby ORDERED that: The provisions of this Order shall govern the practice and procedure in those actions: (1) transferred to this Court by the JPML pursuant to its June 2, 2016 Order; (2) all related actions that are filed in the Southern District of New York and have been or will be transferred to MDL-2704 involving allegations of anticompetitive conduct in the market for interest rate swaps ("IRS"); and (3) any "tag-along" actions later filed in, removed to, or transferred to this Court. The Clerk will docket a copy of this Order on the docket of any case newly filed or transferred to this Court. The civil actions listed on Schedule A are consolidated for pretrial purposes. Any "tag-along" actions later removed to or transferred to this Court, or directly filed in the Southern District of New York, will automatically be consolidated with this action without the necessity of future motions or orders. This consolidation, however, does not constitute a determination that the actions should be consolidated for trial, nor does it have the effect of making any entity a party to any action in which he, she, or it has not been named, served, or added in accordance with the Federal Rules of Civil Procedure. In the Court's view, a master case file limited to filings of significance to the MDL as a whole or a substantial number of member cases would be advantageous. Accordingly, the Clerk of Court is directed to open a master case file bearing docket number 16-MC-2704. Any filing fees associated with opening the master case file docket are waived. The caption shall read "In re: Interest Rate Swaps Antitrust Litigation." For administrative purposes only, in 16-MC-2704, Plaintiffs shall be listed as "IRS Antitrust MDL Plaintiffs," and Defendants shall be listed as "IRS Antitrust MDL Defendants." There will be no appearances entered unless and until the Court orders otherwise. The Court will transfer any and all relevant documents filed in 16-MD-2704 to 16-MC-2704. The Clerk of Court is directed to transfer Docket No. 1 (Transfer Order) from 16-MD-2704 to 16-MC-2704, to be followed by this Order (Order No. 1). This Order shall also be docketed in 16-MD-2704, and all matters consolidated therewith. This Order and all subsequent entries docketed in 16-MC-2704 are to be docketed simultaneously in 16-MD-2704. The Court will conduct an Initial Conference on July 26, 2016, at 10 a.m., in Courtroom 318 at the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. (Please note that this is not Judge Engelmayer's regular courtroom.) Counsel shall check in with the Courtroom Deputy at least 15 minutes in advance. This Order vacates any case management or scheduling order issued by a court prior to the transfer of a case to 16-MD-2704. Pending the Initial Conference and further orders of this Court, all deadlines in this action (except those set forth herein), including defendants' time to respond to any of the complaints and all discovery deadlines, are stayed. This Order does not, however, preclude the provision of voluntary discovery by any party. Any and all pending motions in the transferor courts are denied without prejudice, and will be adjudicated under procedures set forth in this Order and subsequent orders issued by this Court. As noted above, all of those submissions shall be filed in both 16-MD-2704 and 16-MC-2704. As of today's date, all actions listed on Schedule A have been transferred to this Court. As noted, to the extent that additional actions are filed or transferred to this Court, the Clerk is directed to docket a copy of this Order on the docket of the underlying case. (As further set forth in this Order) Initial Conference set for 7/26/2016 at 10:00 AM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 6/10/2016) Filed In Associated Cases: 1:16-md-02704-PAE et al.(kl)
June 9, 2016 CONSOLIDATED MDL CASE: Create association to 1:16-md-02704-PAE. (sjo)
June 9, 2016 CASE ACCEPTED AS RELATED. Create association to 1:16-md-02704-PAE. (sjo)
June 8, 2016 Opinion or Order Filing 16 ORDER: This Order addresses the four cases brought in this District that have been assigned to this Court as "related cases" to the CTPF Action under Local Rule 13. These four cases, which appear below the CTPF Action in the caption above, appear to be within the scope of the Multidistrict Litigation. It is, therefore, hereby ORDERED that they are transferred to 16-MD-2704 for coordinated or consolidated pretrial proceedings. As to the Multidistrict Litigation, the Court will issue an order shortly (1) addressing various housekeeping matters, (2) scheduling an initial conference in July, and (3) soliciting counsel's input regarding various case management issues. Pending the initial conference and further orders of this Court, all deadlines in these actions, including defendants' time to respond to any of the complaints and all discovery deadlines, are stayed. The Clerk of Court is directed to docket this Order in all the above-captioned cases. (Signed by Judge Paul A. Engelmayer on 6/8/2016) (mro)
May 23, 2016 Opinion or Order Filing 15 MEMO ENDORSEMENT on re: (11 in 1:16-cv-03542-PAE) Letter, filed by Javelin SEF, LLC, Javelin Capital Markets LLC. ENDORSEMENT: The Court appreciates the notification. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/23/2016) (kl)
May 17, 2016 CASE ACCEPTED AS RELATED. Create association to 1:16-cv-03542-PAE. Notice of Assignment to follow. (kl)
May 17, 2016 Opinion or Order Filing 14 ORDER: Today, the Court accepted case 16 Civ. 3542 (the "Javelin Action") as related to cases 15 Civ. 9319 (the "CTPF Action") and 16 Civ. 2858 (the "Tera Action"). In both the CTPF and Tera Actions, defendants' time to answer, move, or otherwise respond to the operative complaint in those cases has been suspended, and all discovery stayed, until the court to which the cases are assigned enters an order coordinating or consolidating those cases with one filed in the Northern District of Illinois, which is said to contain substantially similar allegations. 15 Civ. 9319, Dkt. 135; 16 Civ. 2858, Dkt. 10. In order to coordinate the three actions presently before this Court, and achieve the efficiencies of having accepted the Javelin Action as related, the Court hereby, sua sponte, suspends the Javelin Action defendants' time to answer, move, or otherwise respond to the Complaint, and stays all discovery in that case, on the same terms as apply to the CTPF and Tera Actions. See 15 Civ. 9319, Dkts. 135 & 142; 16 Civ. 2858, Dkt. 10. By May 20, 2016, the Court further directs plaintiffs' counsel in the Javelin Action, after consultation with counsel for the CTPF and Tera parties, to inform the MDL Panel that the Javelin Action has been accepted as related to the CTPF and Tera Actions, and any other facts which counsel deems appropriate, which may bear on the Panel's consideration of the application pending in MDL No. 2704 (J.P.M.L. filed Feb. 26, 2016). See, e.g., 16 Civ. 2858, Dkt. 12-1. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/17/2016) (kl)
May 4, 2016 Filing 13 MEMO ENDORSEMENT on re: (12 in 1:16-cv-02858-PAE) Letter, filed by Tera Group, Inc., Tera Advanced Technologies, LLC, TERA GROUP, INC., TeraExchange, LLC. ENDORSEMENT: The Court appreciates the notification. (Signed by Judge Paul A. Engelmayer on 5/4/2016) (lmb)
April 29, 2016 Filing 12 FIRST LETTER addressed to Judge Paul A. Engelmayer from Thomas P. Ogden dated April 29, 2016 re: Tera Group, Inc. et al. v. Bank Of America Corporation, et al., 16 Civ. 2858 [rel. 15 Civ. 9319]. Document filed by Tera Advanced Technologies, LLC, Tera Group, Inc., TeraExchange, LLC. (Attachments: #1 MDL Interested Party Response)(Ogden, Thomas)
April 29, 2016 Filing 11 NOTICE OF APPEARANCE by James Joseph Brennan on behalf of Tera Advanced Technologies, LLC, Tera Group, Inc., TeraExchange, LLC. (Brennan, James)
April 22, 2016 Opinion or Order Filing 10 ORDER: Today, the Court accepted case 16 Civ. 2858 (the "Tera Action") as related to case 15 Civ. 9319 (the "CTPF Action"). By stipulation of the parties in the earlier-filed CTPF Action, defendants' time to answer, move, or otherwise respond to the Amended Complaint in that case has been suspended, and all discovery stayed, until the court to which that case is assigned enters an order coordinating or consolidating this case with one filed in the Northern District of Illinois, which is said to contain substantially similar allegations. Dkt. 135. In order to coordinate the two actions presently before this Court, and achieve the efficiencies of having accepted the Tera Action as related, the Court hereby, sua sponte, suspends the Tera Action defendants' time to answer, move, or otherwise respond to the Complaint, and stays all discovery in that case, on the same terms as apply to the CTPF Action. See id.; Dkt. 15 Civ. 9319, Dkt. 142. By April 29, 2016, the Court further directs plaintiff's counsel in the Tera Action, after consultation with counsel for the CTPF parties, to inform the MDL Panel that the Tera Action has been accepted as related to the CTPF Action, and any other facts which counsel deems appropriate, which may bear on the Panel's consideration of the application pending in MDL No. 2704 (J.P.M.L. filed Feb. 26, 2016). (Signed by Judge Paul A. Engelmayer on 4/22/2016) (tn)
April 22, 2016 CASE ACCEPTED AS RELATED. Create association to 1:15-cv-09319-PAE. Notice of Assignment to follow. (sdi)
April 22, 2016 NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Unassigned is no longer assigned to the case. (sdi)
April 22, 2016 Magistrate Judge Henry B. Pitman is so designated. (sdi)
April 20, 2016 Filing 9 NOTICE OF APPEARANCE by David H Wollmuth on behalf of Tera Advanced Technologies, LLC, Tera Group, Inc., TeraExchange, LLC. (Wollmuth, David)
April 20, 2016 Filing 8 NOTICE OF APPEARANCE by Ryan Anthony Kane on behalf of Tera Advanced Technologies, LLC, Tera Group, Inc., TeraExchange, LLC. (Kane, Ryan)
April 19, 2016 Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate TERA GROUP, INC. for Tera Advanced Technologies, LLC, Tera Group, Inc., TeraExchange, LLC. Document filed by Tera Advanced Technologies, LLC, Tera Group, Inc., TeraExchange, LLC.(Ogden, Thomas)
April 19, 2016 Filing 6 ELECTRONIC SUMMONS ISSUED as to BNP Paribas Securities Corp., BNP Paribas, S.A., Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Barclays PLC, Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse International, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Deutsche Bank Securities Inc., Goldman Sachs Bank USA, Goldman Sachs Financial Markets, L.P., Goldman Sachs International, Goldman, Sachs & Co., HSBC Bank PLC, HSBC Bank USA, N.A., HSBC Securities (USA) Inc., ICAP Capital Markets LLC, J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A., J.P. Morgan Securities LLC, J.P. Morgan Securities PLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley, Morgan Stanley & Co. International PLC, Morgan Stanley & Co. LLC, Morgan Stanley Bank International Limited, Morgan Stanley Bank, N.A., Morgan Stanley Capital Services LLC, Morgan Stanley Derivative Products Inc., RBS Securities Inc., Royal Bank of Scotland PLC. (dgo)
April 19, 2016 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (dgo)
April 19, 2016 Case Designated ECF. (dgo)
April 19, 2016 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Thomas P Ogden to RE-FILE Document #5 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb)
April 19, 2016 CASE REFERRED TO Judge Paul A. Engelmayer as possibly related to 15cv9319. (dgo) Modified on 4/19/2016 (dgo).
April 18, 2016 Filing 5 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Tera Advanced Technologies, LLC, Tera Group, Inc., TeraExchange, LLC.(Ogden, Thomas) Modified on 4/19/2016 (lb).
April 18, 2016 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Bank of America Corporation; Bank of America, N.A.; Merrill Lynch, Pierce, Fenner & Smith Incorporated; Barclays PLC; Barclays Bank PLC; Barclays Capital Inc.; BNP Paribas, S.A.; BNP Paribas Securities Corp.; Citigroup, Inc.; Citibank N.A.; Citigroup Global Markets Inc.; Citigroup Global Markets Limited; Credit Suisse AG; Credit Suisse Group AG; Credit Suisse Securities (USA) LLC; Credit Suisse International; Deutsche Bank AG; Deutsche Bank Securities Inc.; The Goldman Sachs Group, Inc.; Goldman, Sachs & Co.; Goldman Sachs Bank USA; Goldman Sachs Financial Markets, L.P.; Goldman Sachs International; HSBC Bank PLC; HSBC Bank USA, N.A.; HSBC Securities (USA) Inc.; ICAP Capital Markets LLC; J.P. Morgan Chase & Co.; J.P. Morgan Chase Bank, N.A.; J.P. Morgan Securities LLC; J.P. Morgan Securities PLC; Morgan Stanley; Morgan Stanley Bank, N.A.; Morgan Stanley & Co. LLC; Morgan Stanley Capital Services LLC; Morgan Stanley Derivative Products Inc.; Morgan Stanley & Co. International PLC; Morgan Stanley Bank International Limited; The Royal Bank of Scotland Group PLC; Royal Bank of Scotland PLC; RBS Securities Inc.; Tradeweb Markets LLC; UBS AG; UBS Securities LLC, re: #1 Complaint,,,,,. Document filed by Tera Advanced Technologies, LLC, Tera Group, Inc., TeraExchange, LLC. (Ogden, Thomas)
April 18, 2016 Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 15-cv-9319. Document filed by Tera Advanced Technologies, LLC, Tera Group, Inc., TeraExchange, LLC.(Ogden, Thomas)
April 18, 2016 Filing 2 CIVIL COVER SHEET filed. (Ogden, Thomas)
April 18, 2016 Filing 1 COMPLAINT against BNP Paribas Securities Corp., BNP Paribas, S.A., Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Barclays PLC, Citibank N.A., Citigroup Global Markets Inc., Citigroup Global Markets Limited, Citigroup, Inc., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse International, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Deutsche Bank Securities Inc., Goldman Sachs Bank USA, Goldman Sachs Financial Markets, L.P., Goldman Sachs International, Goldman, Sachs & Co., HSBC Bank PLC, HSBC Bank USA, N.A., HSBC Securities (USA) Inc., ICAP Capital Markets LLC, J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A., J.P. Morgan Securities LLC, J.P. Morgan Securities PLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley, Morgan Stanley & Co. International PLC, Morgan Stanley & Co. LLC, Morgan Stanley Bank International Limited, Morgan Stanley Bank, N.A., Morgan Stanley Capital Services LLC, Morgan Stanley Derivative Products Inc., RBS Securities Inc., Royal Bank of Scotland PLC, The Goldman Sachs Group, Inc., The Royal Bank of Scotland Group PLC, Tradeweb Markets LLC, UBS AG, UBS Securities LLC. (Filing Fee $ 400.00, Receipt Number 0208-12197020)Document filed by Tera Advanced Technologies, LLC, Tera Group, Inc., TeraExchange, LLC.(Ogden, Thomas)

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Search for this case: Tera Group, Inc. et al v. Bank of America Corporation et al
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Defendant: Bank of America Corporation
Represented By: Adam Selim Hakki
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Defendant: Citigroup Global Markets Inc.
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Defendant: J.P. Morgan Securities LLC
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Defendant: Royal Bank of Scotland PLC
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Defendant: ICAP Capital Markets LLC
Represented By: Jon Randall Roellke
Represented By: Anthony R. Van Vuren
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Defendant: Deutsche Bank Securities Inc.
Represented By: Mahesh Venkatakrishnan
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Defendant: Credit Suisse Securities (USA) LLC
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Defendant: Goldman, Sachs & Co.
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Defendant: Barclays PLC
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Defendant: Barclays Capital Inc.
Represented By: Jennifer J. Matystik
Represented By: Arielle Beth Nagel
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Defendant: J.P. Morgan Chase Bank, N.A.
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Defendant: J.P. Morgan Chase & Co.
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Defendant: Tradeweb Markets LLC
Represented By: Caitlyn N. Chacon
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Defendant: UBS AG
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Defendant: Goldman Sachs Financial Markets, L.P.
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Defendant: HSBC Securities (USA) Inc.
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Defendant: Morgan Stanley Capital Services LLC
Represented By: Michael A Paskin
Represented By: John D Buretta
Represented By: Michael Brenton Byars
Represented By: Daniel Slifkin
Represented By: Lauren Michelle Rosenberg
Represented By: M. Brent Byars
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Defendant: Deutsche Bank AG
Represented By: Mahesh Venkatakrishnan
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Defendant: Merrill Lynch, Pierce, Fenner & Smith Incorporated
Represented By: Adam Selim Hakki
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Defendant: Morgan Stanley & Co. International PLC
Represented By: Michael A Paskin
Represented By: John D Buretta
Represented By: Michael Brenton Byars
Represented By: Daniel Slifkin
Represented By: Lauren Michelle Rosenberg
Represented By: M. Brent Byars
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Defendant: ICAP SEF (US) LLC
Represented By: Jon Randall Roellke
Represented By: Harry T. Robins
Represented By: Anthony R. Van Vuren
Represented By: Stacey Anne Mahoney
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Defendant: The Goldman Sachs Group, Inc.
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Defendant: Morgan Stanley Bank International Limited
Represented By: Michael A Paskin
Represented By: John D Buretta
Represented By: Michael Brenton Byars
Represented By: Daniel Slifkin
Represented By: Lauren Michelle Rosenberg
Represented By: M. Brent Byars
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Defendant: Citibank N.A.
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Defendant: Morgan Stanley Derivative Products Inc.
Represented By: Michael A Paskin
Represented By: John D Buretta
Represented By: Michael Brenton Byars
Represented By: Daniel Slifkin
Represented By: Lauren Michelle Rosenberg
Represented By: M. Brent Byars
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Defendant: HSBC Bank USA, N.A.
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Defendant: UBS Securities LLC
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Defendant: Morgan Stanley & Co. LLC
Represented By: Michael A Paskin
Represented By: John D Buretta
Represented By: Michael Brenton Byars
Represented By: Daniel Slifkin
Represented By: Lauren Michelle Rosenberg
Represented By: M. Brent Byars
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Defendant: BNP Paribas Securities Corp.
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Defendant: Goldman Sachs International
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Defendant: Credit Suisse International
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Defendant: Credit Suisse AG
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Defendant: The Royal Bank of Scotland Group PLC
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Defendant: HSBC Bank PLC
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Defendant: J.P. Morgan Securities PLC
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Defendant: Goldman Sachs Bank USA
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Defendant: Citigroup, Inc.
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Defendant: Barclays Bank PLC
Represented By: Jennifer J. Matystik
Represented By: Arielle Beth Nagel
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Defendant: Credit Suisse Group AG
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Defendant: Bank of America, N.A.
Represented By: Adam Selim Hakki
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Defendant: Morgan Stanley
Represented By: Michael A Paskin
Represented By: John D Buretta
Represented By: Michael Brenton Byars
Represented By: Daniel Slifkin
Represented By: Lauren Michelle Rosenberg
Represented By: M. Brent Byars
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Defendant: RBS Securities Inc.
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Defendant: Morgan Stanley Bank, N.A.
Represented By: Michael A Paskin
Represented By: John D Buretta
Represented By: Michael Brenton Byars
Represented By: Daniel Slifkin
Represented By: Lauren Michelle Rosenberg
Represented By: M. Brent Byars
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Defendant: BNP Paribas, S.A.
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Defendant: Citigroup Global Markets Limited
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Plaintiff: Tera Group, Inc
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Plaintiff: Tera Advanced Technologies, LLC
Represented By: Nicholas Grant Olear Veliky
Represented By: David H Wollmuth
Represented By: Fletcher William Strong
Represented By: James Joseph Brennan
Represented By: Ryan Anthony Kane
Represented By: Thomas P Ogden
Represented By: Charlotte Davenport Stewart
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Plaintiff: TeraExchange, LLC
Represented By: Nicholas Grant Olear Veliky
Represented By: David H Wollmuth
Represented By: Fletcher William Strong
Represented By: James Joseph Brennan
Represented By: Ryan Anthony Kane
Represented By: Thomas P Ogden
Represented By: Charlotte Davenport Stewart
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Plaintiff: Tera Group, Inc.
Represented By: Nicholas Grant Olear Veliky
Represented By: David H Wollmuth
Represented By: Fletcher William Strong
Represented By: James Joseph Brennan
Represented By: Ryan Anthony Kane
Represented By: Thomas P Ogden
Represented By: Charlotte Davenport Stewart
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Interested party: The New York Times Company
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