In re: SunEdison, Inc., Securities Litigation
| Carlos Domenech Zornoza, Omega Capital Partners, L.P., Glenview Capital Master Fund, Ltd., The Zecher Family Group, Pyramid Holdings, Inc., Canyon Capital Advisors LLC, Juan M. Rodriguez Beltran, Cobalt Partners, LP., Anton S. Badri, Kingdon Associates, Kingdon Family Partnership, L.P., Julie Dull, Kearny Investors S.A.R.L., Glenview Institutional Partners, L.P., Glenview Capital Opportunity Fund, L.P., Kenneth J. Moodie, Powell Investors L.P., Francisco Gundin Perez, Omega Equity Investors, L.P., Richard Wheeler, Kingdon Credit Master Fund, L.P., Cobalt KC Partners, LP, Kyle Tervort, Robert Linton, The Canyon Value Realization Master Fund, L.P., Darcy Church, Oklahoma Firefighters Pension and Retirement System, Omega Capital Investors, L.P., Charles Bloom, ERISA Plaintiffs, Dina Horowitz, Canyon Balanced Master Fund, Ltd, Alexander Y Usenko, Robert Kunz, Fraser Simon, Eric O'Day, Glenview Offshore Opportunity Master Fund, Ltd., Permal Canyon IO Ltd., EP Canyon Ltd., Cobalt Partners II, LP, Manuel Acosta, Paul J. Gaynor, Glenview Capital Partners, L.P., Cobalt Offshore Master Fund, LP, Powell Investors II Limited Partnership, Canyon Value Realization Fund LP, M. Kingdon Offshore Master Fund, L.P., Canyon Capital Arbitrage Master Fund, Ltd., Omega Overseas Partners, Ltd., Municipal Employees' Retirement System of Michigan, VMT II, LLC, Gaurab Samanta, John Chamblee, Sharon Burnstein, Canyon - GRF Master Fund II, L.P., Lee Medina and SESL Recovery, LLC |
| SunEdison, Inc., Securities Litigation, Emmanuel Hernandez, James Welsh, Steven Tesoriere, Credit Suisse, Georganne Proctor, Societe Generale, Francisco Perez Gundin, ERISA Defendants, Brian Wuebbels, Peter Blackmore, Martin Truong, James B. Williams, Randy H. Zwirn, Jeremy Avenier, Citigroup Global Markets Inc., SunEdison, Inc. Investment Committee, Phelps Morris, Kotak Mahindra, Inc., SUNEDISON, INC., Macquarie Capital (USA) Inc., Matthew Herzberg, SG Americas Securities, LLC, Goldman, Sachs & Co., Terraform Global, Inc., Board of Directors of SunEdison, Inc., Does 1 - 30, Morgan Stanley & Co. LLC, MCS Capital Markets, LLC, Antonio R. Alvarez, Clayton Daley, Jr., Ahmad Chatila, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Alejandro Hernandez, State Street Bank & Trust Co., Matthew Martin, J.P. Morgan Securities LLC, Deutsche Bank Securities Inc., BTG Pactual US Capital LLC, Barclays Capital Inc., TerraForm Power, Inc., SMBC Nikko Securities America, Inc., Credit Agricole CIB, ITAU BBA USA Securities, Inc., KPMG LLP, Santander and TerraForm Global, LLC |
| Cameron Braithwaite, Scott Kroeker, KBC Asset Management NV, Clemens Schlettwein, Andrew C. Newman, The Furia Investment Fund, Jerome Thissen, Ankur Dadoo, Erste-Sparinvest Kapitalanlagegesellschaft m b H, Victoriano V. Fernandez, Steve Wiegele, Kim Kyung Boum, Furia Investment Fund Ltd. and Jerome Spindler |
| Don Harris |
| Mitesh Patel, Simon Fraser, Abishek Agrawal, Iron Workers Mid-South Pension Fund and Paul Hastings LLP |
| 1:2016md02742 |
| October 6, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| P Kevin Castel |
| Securities/Commodities |
| 15 U.S.C. § 77 Securities Fraud |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 27, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 763
ORDER: The Court respectfully recommends that the JPML docket be updated to reflect that the following cases are closed: Bloom v. SunEdison, Inc., 16 Civ. 7427 (PKC), Bloom v. Goldman, Sachs & Co., 16 Civ. 7528 (PKC), Beltran v. TerraForm Global, Inc., 16 Civ. 7967 (PKC), Badri v. TerraForm Global, Inc., 16 Civ. 7996 (PKC), Iron Workers Mid-South Pension Fund v. TerraForm Global, Inc., 16 Civ. 7997 (PKC), Fraser v. TerraForm Global, Inc., 16 Civ. 8003 (PKC), Moodie v. SunEdison, Inc., 16 Civ. 8113 (PKC) and Kunz v. SunEdison, Inc., 16 Civ. 8118 (PKC). The Court respectfully recommends that the Panel terminate this proceeding. Should the JPML accept this Court's recommendation, and a party subsequently files in or removes to a United States District Court a new action related to this proceeding, the Court recognizes that any request to transfer such action would likely be directed to the JPML. If such a request is made, this Court would welcome the action's transfer for further proceedings given its experience with the case. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/27/2023) Filed In Associated Cases: 1:16-md-02742-PKC et al. (ama)
|
| Filing 762 NOTICE of STIPULATION REGARDING CONTENTS OF RECORD ON REMAND. Document filed by Carlos Domenech Zornoza..(Fenlon, Christopher) |
|
Filing 761
SUGGESTION OF REMAND: Accordingly, the Court respectfully suggests that the Panel remand this action to the transferor court. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/02/2023) Filed In Associated Cases: 1:16-md-02742-PKC, 1:18-cv-11617-PKC (ama) Transmission to Docket Assistant Clerk for processing.
|
|
Filing 760
ORDER ON SEALING: in case 1:16-md-02742-PKC; granting (162) Letter Motion to Seal in case 1:18-cv-11617-PKC. Accordingly, the motion to partially maintain under seal the filings at ECF 151 and 164 is GRANTED, and the Clerk is respectfully directed to terminate the letter-motion. (ECF 162.). SO ORDERED. (Signed by Judge P. Kevin Castel on 4/07/2023) Filed In Associated Cases: 1:16-md-02742-PKC, 1:18-cv-11617-PKC (ama)
|
|
Filing 759
OPINION AND ORDER re: (119 in 1:18-cv-11617-PKC) MOTION for Summary Judgment . filed by Brian Wuebbels, (115 in 1:18-cv-11617-PKC) MOTION for Summary Judgment . filed by Terraform Global, Inc., TerraForm Power, Inc., Ahmad Chatila, Brian Wuebbels, (124 in 1:18-cv-11617-PKC) LETTER MOTION for Oral Argument addressed to Judge P. Kevin Castel from Timothy J. Perla dated March 4, 2022. filed by Terraform Global, Inc., TerraForm Power, Inc., Ahmad Chatila, Brian Wuebbels, (118 in 1:18-cv-11617 PKC) MOTION for Summary Judgment . filed by Carlos Domenech Zornoza, (131 in 1:18-cv-11617-PKC) LETTER MOTION for Oral Argument addressed to Judge P. Kevin Castel from Christopher Fenlon dated March 4, 2022. filed by Carlos Domenech Zornoza. Defendants' joint summary judgment motion is GRANTED as to plaintiff's claims against defendant Ahmad Chatila but is otherwise DENIED. The summary judgment motion of defendant Wuebbels is GRANTED. Plaintiff's summary judgment motion is DENIED. The Clerk is respectfully directed to terminate the motions and the related letter-motions. (ECF 115, 118, 119, 124, 131.) SO ORDERED. (Signed by Judge P. Kevin Castel on 4/7/2023) Filed In Associated Cases: 1:16-md-02742-PKC, 1:18-cv-11617-PKC (kv)
|
| Filing 758 LETTER addressed to Judge P. Kevin Castel from Lawrence D. Levit dated 11/29/2022 re: Status of the Distribution of the Net Settlement Fund. Document filed by Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff).Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC.(Levit, Lawrence) |
|
Filing 757
ORDER: All proceedings in this Court having been completed, the Clerk is directed to administratively close 19-cv-3286(PKC). SO ORDERED. (Signed by Judge P. Kevin Castel on 9/30/2022) Filed In Associated Cases: 1:16-md-02742-PKC, 1:19-cv-03286-PKC (ama)
|
|
Filing 756
ORDER terminating #674 Letter Motion for Conference as moot. (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence)
|
|
Filing 755
MEMO ENDORSEMENT: on re: (754 in 1:16-md-02742-PKC, 265 in 1:16-cv-07967-PKC) Letter filed by Pyramid Holdings, Inc. ENDORSEMENT: Based upon the representation made in the letter of May 5, 2022 (Doc. 754) and the Broker Declaration, the Claim Administrator shall proceed in accordance with the POA and the claimant list (Ex.A). Update the Court as to the status of distribution by November 30, 2022. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/24/2022) (ama)
|
| Filing 754 LETTER addressed to Judge P. Kevin Castel from Lawrence D. Levit dated May 5, 2022 re: Status of the Distribution of the Net Settlement Fund created by the Settlement of the Class Action. Document filed by Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff). (Attachments: #1 Exhibit 1 - Updated Declaration of Jordan Broker Regarding Calculations of Recognized Losses)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC.(Levit, Lawrence) |
| Filing 753 ENDORSED LETTER addressed to Judge P. Kevin Castel from James L. Tuxbury dated 3/10/2022 re: requested extension of briefing schedule. ENDORSEMENT: The Court grants the requested extension of the briefing schedule. (Signed by Judge P. Kevin Castel on 3/10/2022) (ate) |
|
Filing 752
ORDER GRANTING MOTION FOR WITHDRAWAL: granting (750) Motion to Withdraw as Attorney. Attorney Emily V. Griffen terminated in case 1:16-md-02742-PKC; granting (62) Motion to Withdraw as Attorney. Attorney Emily V. Griffen terminated in case 1:19-cv-03286-PKC; granting (20) Motion to Withdraw as Attorney. The Court, upon consideration of the Motion for Withdrawal, hereby ORDERS that the request of Emily V. Griffen to withdraw as counsel is GRANTED. Attorney Emily V. Griffen terminated in case 1:19-cv-04126-PKC. (Signed by Judge P. Kevin Castel on 1/24/2022) Filed In Associated Cases: 1:16-md-02742-PKC, 1:19-cv-03286-PKC, 1:19-cv-04126-PKC (ama)
|
|
Filing 751
MEMO ENDORSEMENT on ORDER AUTHORIZING DISTRIBUTION OF THE NET SETTLEMENT FUND; granting (261) Motion for Disbursement of Funds in case 1:16-cv-07967-PKC. ENDORSEMENT: Class counsel shall file a report on the disposition of remaining Net Settlement Funds, including payment of any further notice and administrative expenses and taxes and donation by May 6, 2022. it is SO ORDERED. (Signed by Judge P. Kevin Castel on 9/27/2021) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC (ama)
|
| Filing 750 MOTION for Emily V. Griffen to Withdraw as Attorney . Document filed by Deutsche Bank Securities Inc.. (Attachments: #1 Declaration of Emily V. Griffen, #2 Text of Proposed Order)Filed In Associated Cases: 1:16-md-02742-PKC, 1:19-cv-03286-PKC, 1:19-cv-04126-PKC.(Griffen, Emily) |
| Filing 749 DECLARATION of Lawrence D. Levit in Support re: (261 in 1:16-cv-07967-PKC) MOTION for Disbursement of Funds to Distribute the Net Settlement Fund.. Document filed by Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff). (Attachments: #1 Exhibit 1)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC.(Levit, Lawrence) |
| Filing 748 MEMORANDUM OF LAW in Support re: (261 in 1:16-cv-07967-PKC) MOTION for Disbursement of Funds to Distribute the Net Settlement Fund. . Document filed by Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff). Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC.(Levit, Lawrence) |
| Filing 747 MOTION for Disbursement of Funds to Distribute the Net Settlement Fund. Document filed by Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff). (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC.(Levit, Lawrence) |
| Filing 746 LETTER addressed to Judge P. Kevin Castel from Lawrence D. Levit dated 8/13/2021 re: Distribution Motion. Document filed by Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff).Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC.(Levit, Lawrence) |
|
Filing 745
ORDER: granting (89) Motion for Protective Order in 1:18-cv-11617-PKC. The Court has reviewed the letter motion of defendants (Doc 89, 90) and the plaintiff's response (Doc 90, 91). On the unique facts of this case, defendants have demonstrated a satisfactory reason to defer the Yieldcos Rule 30(b)(6) depositions until the scheduled depositions of defendants so-called prescient witnesses. Letter motion (Doc 89) is GRANTED. SO ORDERED. (Signed by Judge P. Kevin Castel on 7/09/2021) Filed In Associated Cases: 1:16-md-02742-PKC, 1:18-cv-11617-PKC (ama)
|
|
Filing 744
STIPULATION AND ORDER CONCERNING PROTOCOL FOR CONDUCTING REMOTE DEPOSITIONS: Plaintiff Carlos Domenech Zomoza and Defendants TerraForm Global, Inc., TerraFormPower NY Holdings, Inc. (formerly TerraForm Power, Inc.), Ahmad Chatila, and Brian Wuebbels ( collectively, the "Parties") jointly stipulate to the following protocol for conducting depositions via remote means in the above-captioned matter: This order governs depositions taken remotely using videoconference technology. This Order shall not apply to any depositions taken in person. The Parties agree that Veritext or a comparable court reporting agency shall help administer and shall attend each remote deposition to transcribe and video record the deposition, assist with exhibits, troubleshoot any technological issues that may arise, and, if applicable, administer the virtual breakout rooms. subject to all the same objections that are available to the Parties for in-person depositions, except that the Parties agree not to object to the use of these video recordings on the basis that the deposition was taken remotely. For the avoidance of doubt, the Parties reserve all otherobjections to the use of any deposition testimony in pre-trial filings and at hearings, as well as at trial, except for objections as to the form of the question. And as set forth herein. This Stipulation and Order is expressly subject to the terms of the MDL Protective Order (MDL ECF No. 386). Nothing in this Stipulation and Order waives any right under the MDL Protective Order. The MDL Protective Order shall govern this Stipulation and Order. SO ORDERED. (Signed by Judge P. Kevin Castel on 4/21/2021) (ama)
|
|
Filing 743
STIPULATION AND ORDER. It is hereby ORDERED that: If SunEdison produces information subject to a claim of attorney-client privilege or work-product protection, such production shall be deemed inadvertent and shall not constitute a waiver of any claim of privilege or work product in this Action or in any other matter. No Party or person may assert a waiver of privilege or other protection from disclosure applicable to any information produced by SunEdison as a result of disclosure pursuant to this Stipulation and Order, and nothing in this Stipulation and Order shall prevent or estop SunEdison from claiming that any SunEdison information is privileged or protected from disclosure at a later day in this or any other matter. This Order shall be interpreted to provide the maximum protection allowed by Federal Rule of Evidence 502, and as further set forth in this Stipulation and Order. No submission may be made to the Court under seal or in camera without first obtaining an order from the Court granting permission to do so. IT IS SO STIPULATED. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/11/2021) Filed In Associated Cases: 1:16-md-02742-PKC, 1:18-cv-11617-PKC (rjm)
|
| Filing 742 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Antonio R. Alvarez, Peter Blackmore, Ahmad Chatila, Clayton Daley, Jr., Deutsche Bank Securities Inc., Goldman, Sachs & Co., Emmanuel Hernandez, J.P. Morgan Securities LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC, Georganne Proctor, Steven Tesoriere, Martin Truong, James B. Williams, Brian Wuebbels, Randy H. Zwirn and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Canyon Balanced Master Fund, Ltd, Kearny Investors S.A.R.L., Powell Investors L.P., Canyon - GRF Master Fund II, L.P., Canyon Capital Advisors LLC, The Canyon Value Realization Master Fund, L.P., Canyon Value Realization Fund LP, Powell Investors II Limited Partnership, Canyon Capital Arbitrage Master Fund, Ltd., EP Canyon Ltd.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Rossman, Andrew) |
| Filing 741 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Antonio R. Alvarez, Peter Blackmore, Ahmad Chatila, Clayton Daley, Jr., Deutsche Bank Securities Inc., Goldman, Sachs & Co., Emmanuel Hernandez, J.P. Morgan Securities LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC, Georganne Proctor, Steven Tesoriere, Martin Truong, James B. Williams, Brian Wuebbels, Randy H. Zwirn and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Canyon Balanced Master Fund, Ltd, Kearny Investors S.A.R.L., Powell Investors L.P., Canyon - GRF Master Fund II, L.P., Canyon Capital Advisors LLC, The Canyon Value Realization Master Fund, L.P., Canyon Value Realization Fund LP, Powell Investors II Limited Partnership, Canyon Capital Arbitrage Master Fund, Ltd., EP Canyon Ltd.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Rossman, Andrew) Modified on 2/11/2021 (km). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Jonathan Pickhardt. RE-FILE Document No. #741 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed by all parties who have appeared (handwritten signatures). Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned signature image) PDF. (km) |
| Filing 740 LETTER addressed to Judge P. Kevin Castel from Adam S. Hakki dated December 31, 2020 re: Notice of Settlement and Request for Stay. Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC, 1:16-cv-09566-PKC.(Hakki, Adam) |
| Filing 739 MEMO ENDORSEMENT granting #78 (18cv11617) Letter Motion to Adjourn Conference. (Initial Conference set for 9/21/2020 at 12:00 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 9/9/2020) (nb) |
|
Filing 738
ORDER INITIAL PRETRIAL CONFERENCE: in case 1:16-md-02742-PKC; granting (76) Letter Motion for Conference in case 1:18-cv-11617-PKC. Counsel for all parties shall appear for an Initial Pretrial Conference, held pursuant to Rule 16 of the Federal Rules of Civil Procedure, on September 9, 2020 at 12:00 p.m. in Courtroom 11D at the United States Courthouse, 500 Pearl Street, New York, New York. Principal trial counsel shall appear at this and all subsequent conferences. So Ordered. (Signed by Judge P. Kevin Castel on 8/26/2020) Filed In Associated Cases: 1:16-md-02742-PKC, 1:18-cv-11617-PKC (js)
|
| Set/Reset Hearings: Initial Conference set for 9/9/2020 at 12:00 PM before Judge P. Kevin Castel. Associated Cases: 1:16-md-02742-PKC, 1:18-cv-11617-PKC(js) |
| Filing 737 RESPONSE to Motion re: (105 in 1:16-cv-09566-PKC) JOINT MOTION to Dismiss Plaintiffs' Claims Under Sections 11, 12(a)(2), and 15 of the Securities Act of 1933 and California Corporate Securities Law., (736 in 1:16-md-02742-PKC) JOINT MOTION to Dismiss Plaintiffs' Claims Under Sections 11, 12(a)(2), and 15 of the Securities Act of 1933 and California Corporate Securities Law. PLAINTIFFS' OPPOSITION TO DEFENDANTS' JOINT MOTION TO DISMISS PLAINTIFFS' CLAIMS UNDER SECTIONS 11, 12(A)(2), AND 15 OF THE SECURITIES ACT OF 1933 AND CALIFORNIA CORPORATE SECURITIES LAW. Document filed by Kearny Investors S.A.R.L., Powell Investors II Limited Partnership, Powell Investors L.P., Canyon - GRF Master Fund II, L.P., Canyon Balanced Master Fund, Ltd, Canyon Capital Advisors LLC, Canyon Capital Arbitrage Master Fund, Ltd., Canyon Value Realization Fund LP, EP Canyon Ltd., The Canyon Value Realization Master Fund, L.P.. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09566-PKC.(Rossman, Andrew) |
| Filing 736 JOINT MOTION to Dismiss Plaintiffs' Claims Under Sections 11, 12(a)(2), and 15 of the Securities Act of 1933 and California Corporate Securities Law. Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC..(Hakki, Adam) |
|
Filing 735
ORDER APPROVING DISTRIBUTION PLAN granting (730) Motion for Disbursement of Funds in case 1:16-md-02742-PKC; granting (344) Motion for Disbursement of Funds in case 1:16-cv-07917-PKC: NOW, THEREFORE, IT IS HEREBY ORDERED that: 1. This Order incorporates by reference the definitions in the Stipulation and Agreement of Settlement dated July 11, 2019 (ECF No. 631-1) (the "Stipulation"), and the Simmons Declaration, and all terms used in this Order shall have the same meanings as defined in the Stipulation or the Simmons Declaration. 2. This Court has jurisdiction over the subject matter of the Action and over all parties to the Action including all Class Members. 3. Plaintiffs' plan for distribution of the Net Settlement Fund to Authorized Claimants is APPROVED. Accordingly: (a) The administrative recommendations of the Court-approved Claims Administrator, Analytics Consulting, LLC ("Analytics"), to accept the Timely Eligible Claims stated in Exhibit D to the Simmons Declaration and the Late But Otherwise Eligible Claims stated in Exhibit E to the Simmons Declaration, are adopted, and as further set forth in this order. This Court retains jurisdiction to consider any further applications concerning the administration of the Settlement and any other and further relief that this Court deems appropriate. (Signed by Judge P. Kevin Castel on 8/26/2020) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC (jwh)
|
| Filing 734 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated August 20, 2020 re: Plaintiffs' Unopposed Motion for Approval of Distribution Plan. Document filed by Municipal Employees' Retirement System of Michigan, Municipal Employees Retirement System of Michigan.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC.(Graziano, Salvatore) |
| Filing 733 DECLARATION of Richard W. Simmons in Support re: #730 MOTION for Disbursement of Funds [Plaintiffs' Notice of Unopposed Motion for Approval of Distribution Plan].. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit A - Notice of Rejection of Claim, #2 Exhibit B - Sample of Deficient Claims Email, #3 Exhibit C - Notice of Partial Rejection of Claim, #4 Exhibit D - List of Timely Claims, #5 Exhibit E - List of Late Claims, #6 Exhibit F - List of Rejected Claims, #7 Exhibit G - Analytics Invoices).(Graziano, Salvatore) |
| Filing 732 PROPOSED ORDER. Document filed by Municipal Employees Retirement System of Michigan. Related Document Number: [Dkt #730] & [Dkt #344]..(Graziano, Salvatore) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 731 MEMORANDUM OF LAW in Support re: (344 in 1:16-cv-07917-PKC) MOTION for Disbursement of Funds [Plaintiffs' Notice of Unopposed Motion for Approval of Distribution Plan]. . Document filed by Municipal Employees' Retirement System of Michigan. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC.(Graziano, Salvatore) |
| Filing 730 MOTION for Disbursement of Funds [Plaintiffs' Notice of Unopposed Motion for Approval of Distribution Plan]. Document filed by Municipal Employees' Retirement System of Michigan.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC.(Graziano, Salvatore) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #732 Proposed Order was reviewed and approved as to form. (km) |
|
Filing 729
ORDER: Leave to file Third Amended Complaint ("TAC") within 7 days in the form tendered to the Court is granted. Defendants are free to serve a new Notice of Motion directed to the TAC, relying on the briefing heretofore filed. Plaintiff may rely on their existing briefing as their response. (Signed by Judge P. Kevin Castel on 8/13/2020) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC, 1:16-cv-09566-PKC (jwh)
|
| Filing 728 PROPOSED STIPULATION AND ORDER. Document filed by Kearny Investors S.A.R.L., Powell Investors II Limited Partnership, Powell Investors L.P., Canyon - GRF Master Fund II, L.P., Canyon Balanced Master Fund, Ltd, Canyon Capital Advisors LLC, Canyon Capital Arbitrage Master Fund, Ltd., Canyon Value Realization Fund LP, EP Canyon Ltd., The Canyon Value Realization Master Fund, L.P.. (Attachments: #1 Exhibit A - KKR Proposed Third Amended Complaint, #2 Exhibit B - Canyon Proposed Third Amended Complaint, #3 Exhibit C - KKR Third Amended Complaint Blackline, #4 Exhibit D - Canyon Third Amended Complaint Blackline).(Rossman, Andrew) |
|
Filing 727
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by the undersigned counsel on behalf of the parties, as follows: 1. Pursuant to the Court's November 7, 2019 Order, Deutsche Bank hereby designates the following testimony from the depositions of Riaz Ladhabhoy and Massimo Frassinetti, which shall have the same effect as if the testimony were given by such deponent in the capacity of a corporate designee of Deutsche Bank in response to the Original Notice pursuant to Federal Rule of Civil Procedure 30(b)(6), and as further set forth in this stipulation. (Signed by Judge P. Kevin Castel on 8/7/2020) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC, 1:16-cv-09566-PKC (jwh)
|
| Filing 726 PROPOSED STIPULATION AND ORDER. Document filed by Kearny Investors S.A.R.L., Powell Investors II Limited Partnership, Powell Investors L.P., Canyon - GRF Master Fund II, L.P., Canyon Balanced Master Fund, Ltd, Canyon Capital Advisors LLC, Canyon Capital Arbitrage Master Fund, Ltd., Canyon Value Realization Fund LP, EP Canyon Ltd., The Canyon Value Realization Master Fund, L.P...(Rossman, Andrew) |
| Filing 725 MEMO ENDORSEMENT on re: (724 in 1:16-md-02742-PKC) Letter filed by Municipal Employees' Retirement System of Michigan. ENDORSEMENT: Proceed with the filing of the motion. (Signed by Judge P. Kevin Castel on 7/15/2020) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC (jwh) |
| Filing 724 LETTER addressed to Judge P. Kevin Castel from Katherine M. Sinderson dated July 14, 2020 re: Pre-Motion letter for Approval of Distribution Plan. Document filed by Municipal Employees' Retirement System of Michigan..(Sinderson, Katherine) |
|
Filing 723
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by the undersigned counsel on behalf of the parties, as follows: 1. Pursuant to the Court's November 7, 2019 Order, Goldman Sachs hereby designates the following testimony from the depositions of Matthew Gibson, Jean-Pierre Boudrias, and Daniel Josephs, which shall have the same effect as if the testimony were given by such deponent in the capacity of a corporate designee of Goldman Sachs in response to the Original Notice pursuant to Federal Rule of Civil Procedure 30(b)(6), and as further set forth in this stipulation. (Signed by Judge P. Kevin Castel on 7/13/2020) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC, 1:16-cv-09566-PKC (jwh)
|
| Filing 722 PROPOSED STIPULATION AND ORDER. Document filed by Kearny Investors S.A.R.L., Powell Investors II Limited Partnership, Powell Investors L.P., Canyon - GRF Master Fund II, L.P., Canyon Balanced Master Fund, Ltd, Canyon Capital Advisors LLC, Canyon Capital Arbitrage Master Fund, Ltd., Canyon Value Realization Fund LP, EP Canyon Ltd., The Canyon Value Realization Master Fund, L.P...(Rossman, Andrew) |
|
Filing 721
ORDER GRANTING AUTHORIZATION TO DISTRIBUTE THE FUNDS REMAINING IN THE NET SETTLEMENT FUND TO JND LEGAL ADMINISTRATION granting (716) Motion for Disbursement of Funds in case 1:16-md-02742-PKC: IT IS HEREBY ORDERED THAT: 1. Lead Plaintiffs' Motion to Distribute the Funds Remaining in the Net Settlement Fund is GRANTED. 2. The Court approves payment of $15,255.58, the total amount of funds remaining in the Net Settlement Fund, to JND Legal Administration, the Court-approved Claim Administrator, in full satisfaction of all of its fees and expenses incurred in connection with administering the Settlement. 3. This Court retains jurisdiction over any further application or matter which may arise in connection with this action. 4. The Clerk shall terminate motion (DE 716). (Signed by Judge P. Kevin Castel on 7/1/2020) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-08039-PKC (jwh) Transmission to Finance Unit (Cashiers) for processing.
|
| Filing 720 MEMORANDUM OF LAW in Support re: #716 MOTION for Disbursement of Funds NOTICE OF LEAD PLAINTIFFS MOTION TO DISTRIBUTE THE FUNDS REMAINING IN THE NET SETTLEMENT FUND. . Document filed by Clemens Schlettwein, Jerome Spindler..(Szydlo, Brenda) |
| Filing 719 PROPOSED ORDER. Document filed by Clemens Schlettwein, Jerome Spindler. Related Document Number: #716 ..(Szydlo, Brenda) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 718 PROPOSED ORDER. Document filed by Clemens Schlettwein, Jerome Spindler. Related Document Number: #716 ..(Szydlo, Brenda) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 717 DECLARATION of Luiggy Segura in Support re: #716 MOTION for Disbursement of Funds NOTICE OF LEAD PLAINTIFFS MOTION TO DISTRIBUTE THE FUNDS REMAINING IN THE NET SETTLEMENT FUND.. Document filed by Clemens Schlettwein, Jerome Spindler..(Szydlo, Brenda) |
| Filing 716 MOTION for Disbursement of Funds NOTICE OF LEAD PLAINTIFFS MOTION TO DISTRIBUTE THE FUNDS REMAINING IN THE NET SETTLEMENT FUND. Document filed by Clemens Schlettwein, Jerome Spindler..(Szydlo, Brenda) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #718 Proposed Order, #719 Proposed Order was reviewed and approved as to form. (ad) |
|
Filing 715
ORDER: In accordance with the letters of May 4, 2020 (Docket # 713) and May 6, 2020 (Docket # 714), the following cases are dismissed with prejudice: 16 Civ. 7428, Omega Capital Partners, L.P. v. SunEdison, Inc. 16 Civ. 7950, Usenko v. SunEdison Inc. 16 Civ. 7981, Pyramid Holdings, Inc. v. Terraform Global, Inc. 16 Civ. 8163, Dull v. SunEdison, Inc. Investment Committee 16 Civ. 8165, Linton v. SunEdison, Inc. 16 Civ. 8166, Wheeler v. SunEdison, Inc. Any pending motions in the six above-listed actions are terminated, and the Clerk is directed to close the cases. (Signed by Judge P. Kevin Castel on 5/7/2020) Filed In Associated Cases: 1:16-md-02742-PKC et al. (jwh)
|
| Filing 714 LETTER addressed to Judge P. Kevin Castel from Lawrence D. Levit dated May 6, 2020 re: Administrative Closing. Document filed by Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff).Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC.(Levit, Lawrence) |
| Filing 713 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated May 4, 2020 re: Order to Show Cause. Document filed by Antonio R. Alvarez, Ahmad R Chatila, Clayton C. Daley, Jr, Emmanuel T Hernandez, Matthew Herzberg, Georganne C. Proctor, Steven V Tesoriere, James B. Williams, Randy H. Zwirn, Jeremy Avenier, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, Martin Truong, Brian Wuebbels, Matthew Martin, Phelps Morris, James Welsh.Filed In Associated Cases: 1:16-md-02742-PKC et al..(Brody, Sara) |
|
Filing 712
ORDER: Let the parties show cause in writing by May 6, 2020 why the following cases should not be dismissed and administratively closed: 16 Civ. 7428, Omega Capital Partners, L.P. v. SunEdison, Inc. 16 Civ. 7950, Usenko v. SunEdison Inc. 16 Civ. 7981, Pyramid Holdings, Inc. v. Terraform Global, Inc. 16 Civ. 8163, Dull v. SunEdison, Inc. Investment Committee 16 Civ. 8165, Linton v. SunEdison, Inc. 16 Civ. 8166, Wheeler v. SunEdison, Inc. (Signed by Judge P. Kevin Castel on 4/29/2020) Filed In Associated Cases: 1:16-md-02742-PKC et al. (jwh)
|
|
Filing 711
NOTICE AND ORDER FOR WITHDRAWAL OF COUNSEL: PLEASE TAKE NOTICE that, upon the annexed declaration of William Freeland, and subject to the approval of the Court, William Freeland hereby withdraws as counsel for Steven V. Tesoriere and shall be removed from the Case Management/Electronic Case Files (CM/ECF) notification list in the above-captioned matter. Richard A. Rosen of Paul, Weiss, Rifkind, Wharton & Garrison LLP will continue to represent Steven V. Tesoriere in this proceeding. Application GRANTED. (Attorney William Eugene Freeland terminated.) (Signed by Judge P. Kevin Castel on 3/30/2020) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC (jwh)
|
| Filing 710 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Steven Tesoriere..(Freeland, William) |
|
Filing 709
ORDER A WARDING PLAINTIFFS' COUNSEL'S ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES: NOW, THEREFORE, it is hereby ordered: 1. Plaintiffs' Counsel are awarded 25% of the Settlement Fund, or $12,187,500 as attorneys' fees in this action. 2. Plaintiffs' Counsel shall be reimbursed out of the Settlement Fund in the amount of $453,189.69 for their expenses and costs that were incurred, as further set forth in this order. (Signed by Judge P. Kevin Castel on 2/25/2020) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC (jwh)
|
|
Filing 708
ORDER AND FINAL JUDGMENT: NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: 1. This Order and Final Judgment incorporates by reference the definitions in the Stipulation, as modified by the Settlement Modification Agreement, and in the Settlement Modification Agreement, and all capitalized terms used herein shall have the same meanings as set forth therein. References to the Settlement and Stipulation mean the Settlement and Stipulation as modified by the Settlement Modification Agreement. 2. The Court has jurisdiction over the subject matter of the Action, Plaintiffs, all Settlement Class Members, and Defendants. 3. The Court finds that, for settlement purposes only, the prerequisites for a class action under Rule 23(a) and (b)(3) of the Federal Rules of Civil Procedure have been satisfied in that: (a) the number of Settlement Class Members is so numerous that joinder of all members thereof is impracticable, and as further set forth in this judgment. The Court hereby finally certifies this action as a class action for purposes of the Settlement, pursuant to Rule 23(a) and (b)(3) of the Federal Rules of Civil Procedure, on behalf of all Persons who purchased or acquired the Common Stock of Terraform Global, Inc. The Action and all claims contained therein, as well as all of the Released Claims, are dismissed with prejudice as against Defendants and the Released Parties. The Settling Parties are to bear their own costs, except as otherwise provided in the Stipulation. To the fullest extent permitted by law, all Persons shall be permanently enjoined, barred and restrained from bringing, commencing, prosecuting or asserting any claims, actions, or causes of action for contribution, indemnity or otherwise against any of the Released Parties seeking as damages or otherwise the recovery of all or any part of any liability, judgment or settlement which they pay or are obligated to pay or agree to pay to the Settlement Class or any Settlement Class Member arising out of, relating to or concerning such Persons' participation in any acts, facts, statements or omissions that were or could have been alleged in the Action, whether arising under state, federal or foreign law as claims, cross-claims, counterclaims, third-party claims or otherwise, in the Court or any other federal, state, or foreign court, or in any arbitration proceeding, administrative agency proceeding, tribunal, or any other proceeding or forum; provided, however, that nothing herein shall release, bar or alter the contractual rights, if any, under the terms of any written agreement (i) between or among the Underwriter Defendants, or (ii) between the Underwriter Defendants on the one hand, and Global or any of its Related Parties, on the other hand, ad as further set forth in this judgment. There is no just reason for delay in the entry of this Order and Final Judgment and immediate entry by the Clerk of the Court is expressly directed pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge P. Kevin Castel on 2/25/2020) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC (jwh)
|
| Minute Entry for proceedings held before Judge P. Kevin Castel: Fairness Hearing held on 2/25/2020. Appearing for plaintiff: Jack Fruchter and Lawrence Levit. Appearing for defendants: Michael Bongiorno, Robin Wechkin and Daniel Lewis. In re SunEdison, Inc. Securities Litigation, 16 md 274 (PKC), Motions DE 314, 351 and 695 are terminated. In re Terraform Global, Inc. - Motion for final approval granted. Order and Final Judgment entered; and Order Awarding Plaintiffs Counsels Attorneys Fees and Reimbursement of Expenses granted. (Motions DE 250 and 220 are terminated. (Court Reporter Michael McDaniel). (Nacanther, Florence) |
| Filing 707 DECLARATION of Stephanie Amin-Giwner in Support re: (695 in 1:16-md-02742-PKC, 695 in 1:16-md-02742-PKC, 250 in 1:16-cv-07967-PKC, 250 in 1:16-cv-07967-PKC) MOTION for Settlement Approval. MOTION to Approve settlement .. Document filed by Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff). Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC.(Abraham, Jeffrey) |
| Filing 706 REPLY MEMORANDUM OF LAW in Support re: (695 in 1:16-md-02742-PKC, 695 in 1:16-md-02742-PKC, 250 in 1:16-cv-07967-PKC, 250 in 1:16-cv-07967-PKC) MOTION for Settlement Approval. MOTION to Approve settlement . . Document filed by Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff). Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC.(Abraham, Jeffrey) |
| Filing 705 DECLARATION of Daniel C. Lewis in Support re: (689 in 1:16-md-02742-PKC) JOINT MOTION to Dismiss Plaintiffs' Claims Under Sections 11, 12(a)(2), and 15 of the Securities Act of 1933 and California Corporate Securities Law.. Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. (Attachments: #1 Exhibit Q)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC, 1:16-cv-09566-PKC.(Lewis, Daniel) |
| Filing 704 REPLY MEMORANDUM OF LAW in Support re: (689 in 1:16-md-02742-PKC) JOINT MOTION to Dismiss Plaintiffs' Claims Under Sections 11, 12(a)(2), and 15 of the Securities Act of 1933 and California Corporate Securities Law. . Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC, 1:16-cv-09566-PKC.(Hakki, Adam) |
| Filing 703 CLERK'S JUDGMENT re: (12 in 1:19-cv-05630-PKC, 702 in 1:16-md-02742-PKC) Memorandum & Opinion, SESL Recovery, LLC against Deutsche Bank Securities Inc. It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated February 12, 2020, Federal Jurisdiction over this case was terminated when the Clerk of the Bankruptcy Court mailed a certified copy of the Remand Order on June 11, 2019; Deutsche Bank's appeal is therefore dismissed and, Deutsche Bank Securities Inc. v. SESL Recovery, LLC, 19-cv-5630 (PKC) is closed. (Signed by Clerk of Court Ruby Krajick on 02/13/2020) (Attachments: #1 Notice of Right to Appeal)Filed In Associated Cases: 1:16-md-02742-PKC, 1:19-cv-05630-PKC (dt) |
|
Filing 702
OPINION AND ORDER: Considerations of federalism and the harmonious interaction of state and federal courts counsel in favor of this Court's interpretation of section 1447. Deutsche Bank could have sought a stay of remand which, if successful prior to the moment of remand, would have permitted appellate review by this Court. There is no cause for sympathy, particularly when Deutsche Bank had Judge Bernstein's bench ruling on May 16, 26 days before the case was remanded. Federal jurisdiction over this case was terminated when the Clerk of the Bankruptcy Court mailed a certified copy of the Remand Order on June 11, 2019. Deutsche Bank's appeal is therefore dismissed. The Clerk is directed to close Deutsche Bank Securities, Inc. v. SESL Recovery, LLC, 19-cv-5630 (PKC). (Signed by Judge P. Kevin Castel on 2/12/2020) Filed In Associated Cases: 1:16-md-02742-PKC, 1:19-cv-05630-PKC (mro) Transmission to Orders and Judgments Clerk for processing.
|
| Filing 701 DECLARATION of Jesse Bernstein in Opposition re: (689 in 1:16-md-02742-PKC) JOINT MOTION to Dismiss Plaintiffs' Claims Under Sections 11, 12(a)(2), and 15 of the Securities Act of 1933 and California Corporate Securities Law.. Document filed by Kearny Investors S.A.R.L., Powell Investors II Limited Partnership, Powell Investors L.P., Canyon - GRF Master Fund II, L.P., Canyon Balanced Master Fund, Ltd, Canyon Capital Advisors LLC, Canyon Capital Arbitrage Master Fund, Ltd., Canyon Value Realization Fund LP, EP Canyon Ltd., The Canyon Value Realization Master Fund, L.P.. (Attachments: #1 Exhibit 1 Underwriting Agreement, #2 Exhibit 2 Canyon Complaint, #3 Exhibit 3 Kearny Complaint, #4 Exhibit 4 Stipulation)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09566-PKC(Rossman, Andrew) |
| Filing 700 MEMORANDUM OF LAW in Opposition re: (689 in 1:16-md-02742-PKC) JOINT MOTION to Dismiss Plaintiffs' Claims Under Sections 11, 12(a)(2), and 15 of the Securities Act of 1933 and California Corporate Securities Law. . Document filed by Kearny Investors S.A.R.L., Powell Investors II Limited Partnership, Powell Investors L.P., Canyon - GRF Master Fund II, L.P., Canyon Balanced Master Fund, Ltd, Canyon Capital Advisors LLC, Canyon Capital Arbitrage Master Fund, Ltd., Canyon Value Realization Fund LP, EP Canyon Ltd., The Canyon Value Realization Master Fund, L.P.. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09566-PKC(Rossman, Andrew) |
| Filing 699 DECLARATION of Jack G. Fruchter in Support re: (695 in 1:16-md-02742-PKC, 695 in 1:16-md-02742-PKC, 250 in 1:16-cv-07967-PKC, 250 in 1:16-cv-07967-PKC) MOTION for Settlement Approval. MOTION to Approve settlement .. Document filed by Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC(Fruchter, Jack) |
| Filing 698 MEMORANDUM OF LAW in Support re: (250 in 1:16-cv-07967-PKC, 250 in 1:16-cv-07967-PKC) MOTION for Settlement Approval. MOTION to Approve settlement . for Award of Attorneys' Fees. Document filed by Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff). Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC(Fruchter, Jack) |
| Filing 697 MEMORANDUM OF LAW in Support re: (250 in 1:16-cv-07967-PKC, 250 in 1:16-cv-07967-PKC) MOTION for Settlement Approval. MOTION to Approve settlement . . Document filed by Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff). Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC(Fruchter, Jack) |
| Filing 696 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #699 Declaration) - DECLARATION of Jack G. Fruchter in Support re: (250 in 1:16-cv-07967-PKC, 250 in 1:16-cv-07967-PKC) MOTION for Settlement Approval. MOTION to Approve settlement .. Document filed by Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC(Fruchter, Jack) Modified on 2/7/2020 (db). |
| Filing 695 MOTION for Settlement Approval., MOTION to Approve settlement .( Return Date set for 2/25/2020 at 11:00 AM.) Document filed by Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff). (Attachments: #1 Exhibit Judgment, #2 Exhibit Fee Order)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC(Fruchter, Jack) |
| Filing 694 NOTICE OF CHANGE OF ADDRESS by George C. Aguilar on behalf of Iron Workers Mid-South Pension Fund, Iron Workers Mid-South Pension Fund. New Address: ROBBINS LLP, 5040 Shoreham Place, San Diego, CA, USA 92122, (619) 525-3990. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC(Aguilar, George) |
| Filing 693 NOTICE OF APPEARANCE by Jeffrey Simon Abraham on behalf of Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff). Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC(Abraham, Jeffrey) |
| Filing 692 PROPOSED STIPULATION AND ORDER. Document filed by Kearny Investors S.A.R.L., Powell Investors II Limited Partnership, Powell Investors L.P., Canyon - GRF Master Fund II, L.P., Canyon Balanced Master Fund, Ltd, Canyon Capital Advisors LLC, Canyon Capital Arbitrage Master Fund, Ltd., Canyon Value Realization Fund LP, EP Canyon Ltd., The Canyon Value Realization Master Fund, L.P.. (Rossman, Andrew) |
| Filing 691 DECLARATION of Daniel C. Lewis in Support re: (152 in 1:16-cv-09171-PKC) JOINT MOTION to Dismiss Plaintiffs' Claims Under Sections 11, 12(a)(2), and 15 of the Securities Act of 1933 and California Corporate Securities Law., (689 in 1:16-md-02742-PKC) JOINT MOTION to Dismiss Plaintiffs' Claims Under Sections 11, 12(a)(2), and 15 of the Securities Act of 1933 and California Corporate Securities Law., (90 in 1:16-cv-09566-PKC) JOINT MOTION to Dismiss Plaintiffs' Claims Under Sections 11, 12(a)(2), and 15 of the Securities Act of 1933 and California Corporate Securities Law., (141 in 1:16-cv-09172-PKC) JOINT MOTION to Dismiss Plaintiffs' Claims Under Sections 11, 12(a)(2), and 15 of the Securities Act of 1933 and California Corporate Securities Law.. Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC, 1:16-cv-09566-PKC(Lewis, Daniel) |
| Filing 690 JOINT MEMORANDUM OF LAW in Support re: (152 in 1:16-cv-09171-PKC) JOINT MOTION to Dismiss Plaintiffs' Claims Under Sections 11, 12(a)(2), and 15 of the Securities Act of 1933 and California Corporate Securities Law., (689 in 1:16-md-02742-PKC) JOINT MOTION to Dismiss Plaintiffs' Claims Under Sections 11, 12(a)(2), and 15 of the Securities Act of 1933 and California Corporate Securities Law., (90 in 1:16-cv-09566-PKC) JOINT MOTION to Dismiss Plaintiffs' Claims Under Sections 11, 12(a)(2), and 15 of the Securities Act of 1933 and California Corporate Securities Law., (141 in 1:16-cv-09172-PKC) JOINT MOTION to Dismiss Plaintiffs' Claims Under Sections 11, 12(a)(2), and 15 of the Securities Act of 1933 and California Corporate Securities Law. . Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC, 1:16-cv-09566-PKC(Hakki, Adam) |
| Filing 689 JOINT MOTION to Dismiss Plaintiffs' Claims Under Sections 11, 12(a)(2), and 15 of the Securities Act of 1933 and California Corporate Securities Law. Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. Responses due by 1/30/2020(Hakki, Adam) |
|
Filing 688
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by the undersigned counsel on behalf of the Patties, as follows: Defendants shall file a single joint memorandum of law of no more than 40 pages in support of their motion to dismiss; ii. Plaintiffs shall file an opposition brief of no more than 40 pages; and iii. Defendants shall file a joint reply brief in support of their motion to dismiss of no more than 20 pages. The Parties hereby consent to the proposed order. SO ORDERED. (Signed by Judge P. Kevin Castel on 12/18/2019) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC, 1:16-cv-09566-PKC(rro)
|
|
Filing 687
ORDER granting #686 Letter Motion for Extension of Time to Answer: OK Application GRANTED. (Ahmad Chatila answer due 1/22/2020; TerraForm Power, Inc. answer due 1/22/2020; Terraform Global, Inc. answer due 1/22/2020; Brian Wuebbels answer due 1/22/2020.) (Signed by Judge P. Kevin Castel on 12/17/2019) (jwh) Modified on 12/17/2019 (jwh).
|
| Filing 686 CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge P. Kevin Castel from Timothy Perla dated December 17, 2019. Document filed by Ahmad Chatila, TerraForm Power, Inc., Terraform Global, Inc., Brian Wuebbels.Filed In Associated Cases: 1:16-md-02742-PKC, 1:18-cv-11617-PKC(Perla, Timothy) |
| Filing 685 PROPOSED STIPULATION AND ORDER. Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. (Hakki, Adam) |
| Filing 684 NOTICE of of Withdrawal of Appearance. Document filed by Alejandro Hernandez. (Betcher, Katherine) |
|
Filing 683
OPINION AND ORDER re: (52 in 1:18-cv-11617-PKC) MOTION to Dismiss; (53 in 1:18-cv-11617-PKC) LETTER MOTION for Oral Argument; (50 in 1:18-cv-11617-PKC) JOINT MOTION to Dismiss; (56 in 1:18-cv-11617-PKC) LETTER MOTION for Oral Argument; (59 in 1:18-cv-11617-PKC) LETTER MOTION for Oral Argument; (60 in 1:18-cv-11617-PKC) LETTER MOTION for Oral Argument: The Rule 12(b)(2) motion of Chatila and Wuebbels is DENIED. The Rule 12(b)(6) motion is GRANTED as to Blackmore and Hernandez; DENIED as to Wuebbels; and GRANTED as to TERP and Global on Counts Two and Three. Therefore, the surviving claims are brought against Chatila, Wuebbels, TERP and Global on Count One. The Clerk is directed to terminate the motions and the related letter-motions. (18 Civ. 11617, Docket # 50, 52, 53, 56, 59, 60.) (Signed by Judge P. Kevin Castel on 12/9/2019) Filed In Associated Cases: 1:16-md-02742-PKC, 1:18-cv-11617-PKC(jwh)
|
|
Filing 682
STIPULATION AND ORDER REGARDING REVISIONS TO THE SUPPLEMENTAL NOTICE: IT IS HEREBY STIPULATED AND AGREED, by and among the parties hereto, through their undersigned counsel, as follow: 1. The revised Supplemental Notice, a copy of which is attached hereto as Exhibit A (with a redline version, showing the proposed changes attached hereto as Exhibit B), is approved. The Supplemental Notice is to be distributed in accordance with the Settlement Modification Order except the date for mailing the Supplemental Notice and for posting the Supplemental Notice on the website the Claims Administrator created and maintains for the Settlement shall be revised from November 24, 2019 to December 6, 2019. (Signed by Judge P. Kevin Castel on 11/21/2019) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC(jwh)
|
| Filing 681 PROPOSED STIPULATION AND ORDER. Document filed by Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff). (Attachments: #1 Exhibit A, #2 Exhibit B) (Levit, Lawrence) |
| Filing 680 ENDORSED LETTER addressed to Judge P. Kevin Castel dated 11/6/2019 re: Enclosed please find two courtesy copies of Plaintiffs' Letter dated November 5, 2019, in Response to the Letter of Goldman Sachs and Deutsche Bank. ENDORSEMENT: Goldman Sachs and DBSI state that they are prepared to stipulate that the testimony of their respective individual deponents will be deemed binding on the respective. corporation to the same extent as if the testimony were given by a corporate designee pursuant to Rule 30(b)(6), Fed. R. Civ. P. Provided that they so stipulate in writing, this should suffice, except on Topics on which individual witnesses claimed a lack of knowledge or failure of recollection. The Court will allow a Rule 30(b)(6) deposition of a DBSI designee on Topics 1-4, 6 and 8 but only to the extent that individual DBSI witnesses claimed lack of knowledge or recollection on the Topic. Also the Court will allow a Rule 30(b)(6) deposition of a Goldman Sachs designee on Topics 1-5 but only to the extent that an individual Goldman Sachs witnesses claimed lack of knowledge or recollection on the Topic. All other requested relief is denied. (Signed by Judge P. Kevin Castel on 11/7/2019) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC, 1:16-cv-09566-PKC(jwh) |
|
Filing 679
ORDER granting (677) Letter Motion to Adjourn Conference in case 1:16-md-02742-PKC; granting (244) Letter Motion to Adjourn Conference in case 1:16-cv-07967-PKC. November 8, 2019 conference is VACATED. (Signed by Judge P. Kevin Castel on 11/6/2019) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC (mro)
|
| Filing 678 RESPONSE re: (85 in 1:16-cv-09566-PKC, 674 in 1:16-md-02742-PKC) LETTER MOTION for Conference addressed to Judge P. Kevin Castel from Adam S. Hakki dated November 1, 2019. . Document filed by Kearny Investors S.A.R.L., Powell Investors II Limited Partnership, Powell Investors L.P., Canyon - GRF Master Fund II, L.P., Canyon Balanced Master Fund, Ltd, Canyon Capital Advisors LLC, Canyon Capital Arbitrage Master Fund, Ltd., Canyon Value Realization Fund LP, EP Canyon Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09566-PKC(Rossman, Andrew) |
| Filing 677 JOINT LETTER MOTION to Adjourn Conference addressed to Judge P. Kevin Castel from Timothy J. Perla dated November 5, 2019. Document filed by Terraform Global, Inc..(Perla, Timothy) |
| Filing 676 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 10/25/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 675 TRANSCRIPT of Proceedings re: conference held on 10/25/2019 before Judge P. Kevin Castel. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/26/2019. Redacted Transcript Deadline set for 12/6/2019. Release of Transcript Restriction set for 2/3/2020.(McGuirk, Kelly) |
| Filing 674 LETTER MOTION for Conference addressed to Judge P. Kevin Castel from Adam S. Hakki dated November 1, 2019. Document filed by Deutsche Bank Securities Inc., Goldman Sachs & Co.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC, 1:16-cv-09566-PKC(Hakki, Adam) |
| NOTICE: Conference originally scheduled for February 21, 2020 is adjourned to February 25, 2020 at 11:00 a.m. (Nacanther, Florence) |
|
Filing 673
ORDER APPROVING PLAN OF ALLOCATION OF NET SETTLEMENT FUND granting (646) Motion to Approve in case 1:16-md-02742-PKC; granting (322) Motion to Approve in case 1:16-cv-07917-PKC: NOW, THEREFORE, IT IS HEREBY ORDERED THAT: 1. This Order incorporates by reference the definitions in the Stipulation and Agreement of Settlement dated July 11, 2019 (the "Stipulation") and all terms not otherwise defined herein shall have the same meanings as set forth in the Stipulation. 2. The Court has jurisdiction to enter this Order and over the subject matter of the Action and all parties to the Action, including all Class Members. 3. Notice of Plaintiffs' motion for approval of the proposed Plan of Allocation was given to all Class Members who could be identified with reasonable effort. The form and method of notifying the Class of the motion for approval of the proposed Plan of Allocation satisfied the requirements of Rule 23 of the Federal Rules of Civil Procedure, the United States Constitution (including the Due Process Clause), the Private Securities Litigation Reform Act of 1995, 15 U.S.C. 77z-l, 78u-4, as amended, and all other applicable law and rules, constituted the best notice practicable under the circumstances, and constituted due, adequate, and sufficient notice to all persons and entities entitled thereto. 4. Copies of the Settlement Notice, which included the Plan of Allocation, were mailed to over 287,000 potential Class Members and nominees and no objections to the Plan of Allocation were received. 5. The Court hereby finds and concludes that the formula for the calculation of the claims of Claimants as set forth in the Plan of Allocation mailed to Class Members provides a fair and reasonable basis upon which to allocate the proceeds of the Net Settlement Fund among Class Members with due consideration having been given to administrative convenience and necessity. 6. The Court hereby finds and concludes that the Plan of Allocation is, in all respects, fair and reasonable to the Class. Accordingly, the Court hereby approves the Plan of Allocation proposed by Plaintiffs. 7. There is no just reason for delay in the entry of this Order, and immediate entry by the Clerk of the Court is expressly directed. (Signed by Judge P. Kevin Castel on 10/25/2019) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC (jwh)
|
|
Filing 672
ORDER AWARD ING ATTORNEYS' FEES AND LITIGATION EXPENSES granting (648) Motion for Attorney Fees in case 1:16-md-02742-PKC; granting (324) Motion for Attorney Fees in case 1:16-cv-07917-PKC: NOW, THEREFORE, IT IS HEREBY ORDERED THAT: Plaintiffs' Counsel are hereby awarded attorneys' fees in the amount of 21% of the Settlement Fund and $1,525,355.53 in payment of Plaintiffs' Counsel's litigation expenses (which fees and expenses shall be paid from the Settlement Fund), which sums the Court finds to be fair and reasonable. Lead Counsel shall allocate the attorneys' fees awarded amongst Plaintiffs' Counsel in a manner which it, in good faith, believes reflects the contributions of such counsel to the institution, prosecution, and settlement of the Action. Lead Plaintiff Municipal Employees' Retirement System of Michigan is hereby awarded $13,598.65 from the Settlement Fund as reimbursement for its reasonable costs and expenses directly related to its representation of the Class. Named Plaintiff Arkansas Teacher Retirement System is hereby awarded $1,819.50 from the Settlement Fund as reimbursement for its reasonable costs and expenses directly related to its representation of the Class, and as further set forth in this order. There is no just reason for delay in the entry of this Order, and immediate entry by the Clerk of the Court is expressly directed. (Signed by Judge P. Kevin Castel on 10/25/2019) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC (jwh)
|
|
Filing 671
JUDGMENT APPROVING CLASS ACTION SETTLEMENT: IT IS HEREBY ORDERED, ADJUDGED AND DECREED: Pursuant to, and in accordance with, Rule 23(e)(2) of the Federal Rules of Civil Procedure, this Court hereby fully and finally approves the Settlement set forth in the Stipulation in all respects (including, without limitation: the amount of the Settlement; the Releases provided for therein; and the dismissal with prejudice of the claims asse1ied in the Action against Defendants), and finds that the Settlement is, in all respects, fair, reasonable, and adequate to the Class. Specifically, the Court finds that (a) Plaintiffs and Lead Counsel have adequately represented the Class; (b) the Settlement was negotiated by the Parties at arm's length; (c) the relief provided for the Class under the Settlement is adequate taking into account the costs, risks, and delay of trial and appeal, the proposed means of distributing the Settlement proceeds to the Class; and the proposed attorneys' fee award; and (d) the Settlement treats Class Members equitably relative to each other. There was one objection to the Settlement, filed by Greg George. The Court has considered the objection filed by Mr. George and it is overruled. The Parties are directed to implement, perform, and consummate the Settlement in accordance with the terms and provisions contained in the Stipulation. 5. The Action and all of the claims asserted against Defendants in the Action by Plaintiffs and the other Class Members are hereby dismissed with prejudice. The Parties shall bear their own costs and expenses, except as otherwise expressly provided in the Stipulation, and as further set forth in this judgment. Without affecting the finality of this Judgment in any way, this Court retains continuing and exclusive jurisdiction over: (a) the Parties for purposes of the administration, interpretation, implementation, and enforcement of the Settlement; (b) the disposition of the Settlement Fund; (c) any motion by Lead Counsel for an award of attorneys' fees and/or Litigation Expenses that will be paid from the Settlement Fund; (d) any motion to approve the Plan of Allocation; (e) any motion to approve the Class Distribution Order; and (f) the Class Members for all matters relating to the Settlement. There is no just reason to delay the entry of this Judgment as a final judgment in this Action pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. Accordingly, the Clerk of the Cami is expressly directed to immediately enter this final judgment. (Signed by Judge P. Kevin Castel on 10/25/2019) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(jwh)
|
|
Filing 670
ORDER GRANTING PLAINTIFFS' MOTION TO APPROVE MODIFICATIONS TO THE CLASS ACTION SETTLEMENT AND TO PROVIDE SUPPLEMENTAL NOTICE granting (657) Motion to Approve in case 1:16-md-02742-PKC; granting (240) Motion to Approve in case 1:16-cv-07967-PKC: NOW, THEREFORE, IT IS HEREBY ORDERED, this 25th day of October, 2019, that: 1. This Order incorporates by reference the definitions in the Stipulation, as modified by the Settlement Modification Agreement, and in the Settlement Modification Agreement, and all capitalized te1ms used herein shall have the same meanings as set forth therein. References to the Settlement and Stipulation mean the Settlement and Stipulation as modified by the Settlement Modification Agreement. 2. The Court finds that (a) the Settlement Modification Agreement resulted from good faith, arm's-length negotiations, and (b) the Settlement Modification Agreement is sufficiently fair, reasonable and adequate to the Settlement Class Members to warrant providing Supplemental Notice of the modifications to the Settlement to Purported Claimants (as defined in the Settlement Modification Agreement) and holding a Settlement Hearing. 3. The Court hereby preliminarily approves the modifications to the Settlement, as contained in the Settlement Modification Agreement, subject to further consideration at a hearing (the "Settlement Hearing") pursuant to Federal Rule of Civil Procedure 23(e), which is hereby scheduled to be held before the Court on February 21, 2020 at 2:00 p.m. for the following purposes: (a) to determine finally whether the applicable prerequisites for class action treatment under Federal Rules of Civil Procedure 23 (a) and (b) are satisfied, and as further set forth in this order. Motion (Doc 657) is Granted and terminated. (Signed by Judge P. Kevin Castel on 10/25/2019) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC (jwh)
|
| Minute Entry for proceedings held before Judge P. Kevin Castel: Fairness Hearing held on 10/25/2019. Appearing for plaintiffs: Katherine Mccracken Sinderso, Max W. Berger, Salvatore Jo Graziano, Adam David Hollander. Appearing for defendants: Jaime Allyson Bartlett, Sara B. Brody, Adam Selim Hakki, Bradley M Baglien, Darcy Caitlyn Harris, Jessica Reich Baril, Adam Joshua Goldstein. Judgment Approving Class Action Settlement, Order Approving Plan of Allocation of Net Settlement Fund, Order Awarding Attorneys Fees and Litigation Expenses filed 10/25/2019. (Court Reporter Kelly Surina) (Nacanther, Florence) |
| Set/Reset Hearings: Settlement Conference set for 2/21/2020 at 02:00 PM before Judge P. Kevin Castel. Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC(jwh) |
| Filing 669 PROPOSED JUDGMENT. Document filed by Municipal Employees' Retirement System of Michigan. (Graziano, Salvatore) Proposed Judgment to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. #669 Proposed Judgment was reviewed and approved as to form. (km) |
| ***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. #666 Proposed Judgment was reviewed and approved as to form. (km) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #667 Proposed Order #668 Proposed Order was reviewed and approved as to form. (km) |
| Filing 668 PROPOSED ORDER. Document filed by Municipal Employees' Retirement System of Michigan. Related Document Number: #648 . (Graziano, Salvatore) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 667 PROPOSED ORDER. Document filed by Municipal Employees' Retirement System of Michigan. Related Document Number: #646 . (Graziano, Salvatore) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 666 PROPOSED JUDGMENT. Document filed by Municipal Employees' Retirement System of Michigan. (Graziano, Salvatore) Proposed Judgment to be reviewed by Clerk's Office staff. |
| Filing 665 REPLY MEMORANDUM OF LAW in Support re: #646 MOTION to Approve Settlement and Plan of Allocation ., #648 MOTION for Attorney Fees and Litigation Expenses. . Document filed by Municipal Employees' Retirement System of Michigan. (Graziano, Salvatore) |
| Filing 664 CERTIFICATE OF SERVICE. Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. (Attachments: #1 Exhibit 1- Declaration of Daniel C. Lewis, Esq, on Implementation of CAFA Notice)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Lewis, Daniel) |
|
Filing 663
ORDER re: (660 in 1:16-md-02742-PKC) Letter: WHEREAS the Court has considered defendants' letter of October 2, 2019 (Doc 661.) NOW THEREFORE, IT IS HEREBY ORDERED: 1. Pursuant to Federal Rule of Civil Procedure 15(a)(2), Plaintiffs' request for leave to amend as set out in Plaintiffs' Letter is GRANTED and Plaintiffs' Second Amended Complaints are accepted as filed. 2. Defendants' Letter shall serve as Defendants' pre-motion letter with respect to their anticipated motion(s) to dismiss the Second Amended Complaints. 3. Defendants may file their motion(s) to dismiss no later December 18, 2019. Plaintiffs' response(s) shall be filed no later than January 30, 2020. Any reply(s) shall be filed no later than February 14, 2020. (Motions due by 12/18/2019., Responses due by 1/30/2020, Replies due by 2/14/2020.) (Signed by Judge P. Kevin Castel on 10/17/2019) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC, 1:16-cv-09566-PKC(jwh)
|
| Filing 662 LETTER from Greg George re: Objection to the Settlement Agreement. (mro) |
| Filing 661 REPLY re: (660 in 1:16-md-02742-PKC) Letter,, . Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC, 1:16-cv-09566-PKC(Hakki, Adam) |
| Filing 660 LETTER addressed to Judge P. Kevin Castel from Andrew J. Rossman dated October 1, 2019 re: Briefing Schedule. Document filed by Kearny Investors S.A.R.L., Powell Investors II Limited Partnership, Powell Investors L.P., Canyon - GRF Master Fund II, L.P., Canyon Balanced Master Fund, Ltd, Canyon Capital Advisors LLC, Canyon Capital Arbitrage Master Fund, Ltd., Canyon Value Realization Fund LP, Permal Canyon IO Ltd., The Canyon Value Realization Master Fund, L.P.. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09566-PKC(Rossman, Andrew) |
| Filing 659 DECLARATION of Lawrence D. Levit in Support re: (240 in 1:16-cv-07967-PKC) MOTION to Approve Modifications to the Class Action Settlement and to Provide Supplemental Notice .. Document filed by Iron Workers Mid-South Pension Fund, Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff), Fraser Simon. (Attachments: #1 Exhibit 1)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC(Fruchter, Jack) |
| Filing 658 MEMORANDUM OF LAW in Support re: (240 in 1:16-cv-07967-PKC) MOTION to Approve Modifications to the Class Action Settlement and to Provide Supplemental Notice . . Document filed by Iron Workers Mid-South Pension Fund, Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff), Fraser Simon. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC(Fruchter, Jack) |
| Filing 657 MOTION to Approve Modifications to the Class Action Settlement and to Provide Supplemental Notice . Document filed by Iron Workers Mid-South Pension Fund, Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff), Fraser Simon.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC(Fruchter, Jack) |
| Filing 656 DECLARATION of Kevin Gold in Opposition re: (193 in 1:16-cv-07917-PKC, 387 in 1:16-md-02742-PKC) MOTION to Certify Class .. Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Hakki, Adam) |
| Filing 655 DECLARATION of Daniel C. Lewis in Opposition re: (193 in 1:16-cv-07917-PKC, 387 in 1:16-md-02742-PKC) MOTION to Certify Class .. Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Hakki, Adam) |
| Filing 654 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 11/26/2018 re: Recent Evidentiary Developments Relevant to Plaintiffs' Pending Motion for Class Certification. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit A (1 of 4), #2 Exhibit A (2 of 4), #3 Exhibit A (3 of 4), #4 Exhibit A (4 of 4), #5 Exhibit B (1 of 4), #6 Exhibit B (2 of 4), #7 Exhibit B (3 of 4), #8 Exhibit B (4 of 4), #9 Exhibit C, #10 Exhibit D, #11 Exhibit E, #12 Exhibit F, #13 Exhibit G, #14 Exhibit H, #15 Exhibit I, #16 Exhibit J, #17 Exhibit K, #18 Exhibit L, #19 Exhibit M, #20 Exhibit N, #21 Exhibit O, #22 Exhibit P)(Graziano, Salvatore) |
| Filing 653 DECLARATION of Katherine M. Sinderson in Support re: #387 MOTION to Certify Class .. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Graziano, Salvatore) |
|
Filing 652
ORDER ON SEALING granting in part and denying in part (528) Motion to Seal Document; granting in part and denying in part (557) Motion to Seal Document in case 1:16-md-02742-PKC; granting in part and denying in part (291) Motion to Seal Document in case 1:16-cv-07917-PKC. The Underwriter Defendants' motions to file under seal are granted in part and denied in part. The Clerk is directed to terminate the motions. (16 MD 2742, Docket # 528, 557.) (Signed by Judge P. Kevin Castel on 9/25/2019) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC (mro) Transmission to Sealed Records Clerk for processing.
|
|
Filing 651
ORDER, There will be a pretrial conference in the Terraform Global case on November 8, 2019 at 2:30 p.m. No later than November 1, 2019, the parties shall submit a joint letter setting forth the status of this case and what steps are required to bring it to a conclusion. SO ORDERED. (Pretrial Conference set for 11/8/2019 at 02:30 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 9/23/19) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC, 1:16-cv-07981-PKC(yv)
|
| Filing 650 DECLARATION of Salvatore J. Graziano in Support re: #646 MOTION to Approve Settlement and Plan of Allocation ., #648 MOTION for Attorney Fees and Litigation Expenses.. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit 1 - Phillips Decl., #2 Exhibit 2 - LaVictoire Decl., #3 Exhibit 3 - Graves Decl., #4 Exhibit 4 - Simmons Decl., #5 Exhibit 5 - Summary of Lodestar and Expenses, #6 Exhibit 5A - BLB&G Decl., #7 Exhibit 5B - Cole Schotz Decl., #8 Exhibit 5C - Scott+Scott Decl., #9 Exhibit 6 - Breakdown of Expenses, #10 Exhibit 7 - Freudenberg slip op., #11 Exhibit 8 - Merrill Lynch slip op., #12 Exhibit 9 - Pfizer slip op, #13 Exhibit 10 - Transcript, #14 Exhibit 11 - Transcript)(Graziano, Salvatore) |
| Filing 649 MEMORANDUM OF LAW in Support re: #648 MOTION for Attorney Fees and Litigation Expenses. . Document filed by Municipal Employees' Retirement System of Michigan. (Graziano, Salvatore) |
| Filing 648 MOTION for Attorney Fees and Litigation Expenses. Document filed by Municipal Employees' Retirement System of Michigan.(Graziano, Salvatore) |
| Filing 647 MEMORANDUM OF LAW in Support re: #646 MOTION to Approve Settlement and Plan of Allocation . . Document filed by Municipal Employees' Retirement System of Michigan. (Graziano, Salvatore) |
| Filing 646 MOTION to Approve Settlement and Plan of Allocation . Document filed by Municipal Employees' Retirement System of Michigan.(Graziano, Salvatore) |
| Filing 645 MANDATE of USCA (Certified Copy) as to #455 Notice of Appeal, filed by ERISA PLAINTIFFS, ERISA Plaintiffs. USCA Case Number 18-2621-cv(L). UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 06/28/2019. (nd) |
|
Filing 644
MEMO ENDORSEMENT granting (626) Motion to Withdraw as Attorney. Attorney Christopher Chad Johnson terminated in case 1:16-md-02742-PKC; granting (136) Motion to Withdraw as Attorney. ENDORSEMENT: Motion granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 9/9/2019) Attorney Christopher Chad Johnson terminated in case 1:16-cv-09171-PKC Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC (ks) Modified on 9/9/2019 (ks).
|
|
Filing 643
MEMO ENDORSEMENT granting (627) Motion to Withdraw as Attorney. Attorney Christopher Chad Johnson terminated in case 1:16-md-02742-PKC; granting (125) Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge P. Kevin Castel on 9/9/2019) Attorney Christopher Chad Johnson terminated in case 1:16-cv-09172-PKC Attorney Christopher Chad Johnson terminated in case 1:16-cv-09172-PKC Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09172-PKC (ks) Modified on 9/9/2019 (ks).
|
| Filing 642 RESPONSE re: (638 in 1:16-md-02742-PKC) Letter,,,,, . Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC, 1:16-cv-09566-PKC(Hakki, Adam) |
|
Filing 641
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by the undersigned counsel on behalfof the Parties, as follows:i. The parties' deadline to complete fact discovery, including the deadlinefor Plaintiffs to take additional fact depositions, the deadline for the parties to take discoveryfrom third parties, and the Underwriter Defendants' deadline to provide amended verifiedresponses to Interrogatories 1, 5-10, 14, and 23, subject to all objections, which are expresslyreserved, shall be November 15, 2019;ii. The parties' deadline to meet and confer on a schedule for expertdiscovery shall be October 31, 2019;iii. aside from the extensions provided for herein, any limitations respectingthe depositions that Plaintiffs and Defendants are entitled to take in the above-captioned actions,as set forth in the October 5, 2018 Stipulation and Order (Dkt. 484), shall remain in effect; andiv. The parties reserve all rights respecting any claim by Defendants that theyhave a right to assert in the future that the automatic stay provision under the Private SecuritiesLitigation Reform Act applies to any new claims and/or allegations that Plaintiffs purport toassert in their Proposed Amended Complaints, as set forth in paragraph (i) of the parties'stipulation (so-ordered by this Court on October 5, 2018 (Dkt. 484)).The parties hereby consent to the proposed order. (Deposition due by 11/15/2019. Fact Discovery due by 11/15/2019.) (Signed by Judge P. Kevin Castel on 8/16/2019) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC, 1:16-cv-09566-PKC(jwh)
|
| Filing 640 PROPOSED STIPULATION AND ORDER. Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. (Hakki, Adam) |
| Filing 639 MEMO ENDORSEMENT on re: (126 in 1:16-cv-09172-PKC, 77 in 1:16-cv-09566-PKC, 137 in 1:16-cv-09171-PKC, 638 in 1:16-md-02742-PKC) Letter. ENDORSEMENT: Defendants' shall respond by September 4, 2019. (Signed by Judge P. Kevin Castel on 8/9/2019) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC, 1:16-cv-09566-PKC(jwh) |
| Filing 638 LETTER addressed to Judge P. Kevin Castel from Andrew J. Rossman, Jonathan E. Pickhardt and Frank J. Broccolo dated August 6, 2019 re: Pre-Motion Letter. Document filed by Kearny Investors S.A.R.L., Powell Investors II Limited Partnership, Powell Investors L.P., Canyon - GRF Master Fund II, L.P., Canyon Balanced Master Fund, Ltd, Canyon Capital Advisors LLC, Canyon Capital Arbitrage Master Fund, Ltd., Canyon Value Realization Fund LP, EP Canyon Ltd., The Canyon Value Realization Master Fund, L.P.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21 Part 1, #22 Exhibit 21 Part 2, #23 Exhibit 21 Part 3, #24 Exhibit 22 Part 1, #25 Exhibit 22 Part 2, #26 Exhibit 22 Part 3, #27 Exhibit 23, #28 Exhibit 24 Part 1, #29 Exhibit 24 Part 2, #30 Exhibit 24 Part 3, #31 Exhibit 24 Part 4, #32 Exhibit 24 Part 5, #33 Exhibit 24 Part 6)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC, 1:16-cv-09566-PKC(Rossman, Andrew) |
| Filing 637 SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Bank Of America Corporation, Corporate Parent NB Holdings Corporation, Other Affiliate Berkshire Hathaway Inc. for Merrill Lynch, Pierce, Fenner & Smith Incorporated. Document filed by Merrill Lynch, Pierce, Fenner & Smith Incorporated.(Hakki, Adam) |
|
Filing 636
ORDER PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR SETTLEMENT NOTICE granting (631) Motion to Approve in case 1:16-md-02742-PKC. The Court hereby preliminarily approves the Settlement, as embodied in the Stipulation, and finds, pursuant to Rule 23(e)(1)(B)(i) of the Federal Rules of Civil Procedure, that it will likely be able to finally approve the Settlement under Rule 23(e)(2) as being fair, reasonable, and adequate to the Class, subject to further consideration at the Settlement Hearing to be conducted as described below. The Court will hold a settlement hearing (the "Settlement Hearing") on October 25, 2019 at 2;00 p.m. at the United States District Court for the Southern District of New York, Daniel Patrick Moynihan United States Courthouse, 500 Pearl St., New York, NY 10007-1312, Courtroom I ID, for the following purposes. The Court (a) approves, as to form and content, the Settlement Notice, the Claim Form, and the Summary Settlement Notice, attached hereto as Exhibits 1, 2, and 3, respectively, and (b) finds that the mailing and distribution of the Settlement Notice and Claim Form and the publication of the Summary Settlement Notice in the manner and form set forth in paragraph 4 of this Order (i) is the best notice practicable under the circumstances. Until otherwise ordered by the Court, the Court stays all proceedings in the Action other than proceedings necessary to carry out or enforce the terms and conditions of the Stipulation. The Court retains jurisdiction to consider all further applications arising out of or connected with the proposed Settlement. SO ORDERED. (As further set forth in this order) (Signed by Judge P. Kevin Castel on 7/16/2019) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC (ne) Modified on 7/17/2019 (ne).
|
| Filing 635 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated July 12, 2019 re: Motion for Preliminary Approval of Settlement. Document filed by Municipal Employees' Retirement System of Michigan.(Graziano, Salvatore) |
| Filing 634 DECLARATION of Richard W. Simmons re: #571 Order,,, (Regarding Class Notice and Report on Requests for Exclusion Received). Document filed by Municipal Employees' Retirement System of Michigan. (Graziano, Salvatore) |
| Filing 633 PROPOSED ORDER. Document filed by Municipal Employees' Retirement System of Michigan. Related Document Number: #631 . (Graziano, Salvatore) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 632 MEMORANDUM OF LAW in Support re: #631 MOTION to Approve (Plaintiffs' Motion for Preliminary Approval of Settlement and Approval of Dissemination of Notice of Settlement) . . Document filed by Municipal Employees' Retirement System of Michigan. (Graziano, Salvatore) |
| Filing 631 MOTION to Approve (Plaintiffs' Motion for Preliminary Approval of Settlement and Approval of Dissemination of Notice of Settlement) . Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit 1 - Stipulation of Settlement)(Graziano, Salvatore) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #633 Proposed Order was reviewed and approved as to form. (km) |
|
Filing 630
ORDER re: (54 in 1:19-cv-03286-PKC, 17 in 1:19-cv-04126-PKC, 624 in 1:16-md-02742-PKC) Order to Show Cause: On June 14, 2019 this Court issued an Order to Show Cause why counsel of record for Deutsche Bank ought not be referred to the Court's Grievance Committee. Based upon the acceptance of responsibility and sincere statement of remorse expressed in the letter of June 17, 2019, the Court concludes that no further action is required at this time. (Signed by Judge P. Kevin Castel on 7/11/2019) Filed In Associated Cases: 1:16-md-02742-PKC, 1:19-cv-03286-PKC, 1:19-cv-04126-PKC(jwh)
|
|
Filing 629
MEMO ENDORSEMENT on re: #628 Letter, filed by Emmanuel Hernandez, Steven Tesoriere, Steven V Tesoriere, Antonio R. Alvarez, Ahmad Chatila, Georganne Proctor, Clayton Daley, Jr., Clayton C. Daley, Jr., Antonio Alvarez, James B. Williams, Brian Wuebbels, Randy H. Zwirn. In light of the intervening holiday this week and our ongoing efforts to complete settlement paperwork, the parties respectfully request that the Court extend the stay of all deadlines and proceedings in the Horowitz case until July 12, 2019. We are available at the Court's convenience to answer any questions. ENDORSEMENT: Application granted. So Ordered. (Signed by Judge P. Kevin Castel on 7/1/2019) (js)
|
| Filing 628 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated July 1, 2019 re: Horowitz case. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara) |
| Filing 627 MOTION for Christopher Chad Johnson to Withdraw as Attorney . Document filed by Canyon Capital Advisors LLC, EP Canyon Ltd..Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09172-PKC(Johnson, Christopher) |
| Filing 626 MOTION for Christopher Chad Johnson to Withdraw as Attorney . Document filed by Canyon - GRF Master Fund II, L.P., Canyon Balanced Master Fund, Ltd, Canyon Capital Advisors LLC, Canyon Capital Arbitrage Master Fund, Ltd., Canyon Value Realization Fund LP, The Canyon Value Realization Master Fund, L.P..Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC(Johnson, Christopher) |
| Filing 625 LETTER addressed to Judge P. Kevin Castel from Daniel C. Lewis dated June 17, 2019 re: responding to the Courts June 14, 2019 Order to Show Cause. Document filed by Deutsche Bank Securities Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)Filed In Associated Cases: 1:16-md-02742-PKC, 1:19-cv-03286-PKC, 1:19-cv-04126-PKC(Lewis, Daniel) |
|
Filing 624
ORDER: Let counsel of record for Deutsche Bank show cause in writing by July 8, 2019 why this Court ought not refer them to the Court's Grievance Committee for violation of Rule 8.4(d) of the Rules of Professional Conduct. (And as further set forth in this Order). SO ORDERED. (Signed by Judge P. Kevin Castel on 6/14/2019) (jca)
|
|
Filing 623
MEMO ENDORSEMENT on re: (12 in 1:19-cv-04126-PKC) Clerk's Judgment. ENDORSEMENT: In view of the grant of the motion to remand, the Judgment is VACATED. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/14/2019) (jca)
|
|
Filing 622
MEMO ENDORSEMENT on re: (10 in 1:19-cv-04126-PKC) Order on Motion to Withdraw Bankruptcy Reference. ENDORSEMENT: In view of the bankruptcy's court's grant of the motion the remand, in which counsel for the movant did not inform this Court, the Order (Doc. 10) is vacated. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/14/2019) (jca)
|
| Filing 621 LETTER addressed to Judge P. Kevin Castel from Andrew K. Glenn dated June 14, 2019 re: Response To The Letter by Defendant Deutsche Bank Securities, Inc.. Document filed by SESL Recovery, LLC.Filed In Associated Cases: 1:16-md-02742-PKC, 1:19-cv-03286-PKC, 1:19-cv-04126-PKC(Glenn, Andrew) |
| Filing 620 LETTER addressed to Judge P. Kevin Castel from Daniel C. Lewis dated June 14, 2019 re: Response to Plaintiff SESL Recovery, LLC's Letter filed June 13, 2019. Document filed by Deutsche Bank Securities Inc., Deutsche Bank Securities Inc., Deutsche Bank Securities Inc..Filed In Associated Cases: 1:16-md-02742-PKC, 1:19-cv-03286-PKC, 1:19-cv-04126-PKC(Lewis, Daniel) |
| Filing 619 CLERK'S JUDGMENT re: #617 Order on Motion to Withdraw Bankruptcy Reference in favor of Deutsche Bank Securities Inc. against SESL Recovery, LLC. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated June 13, 2019, Deutsche Bank's motion to withdraw the reference is GRANTED. (19 Civ. 4126, Docket # 1). Case number 19 Civ. 3286 is re-opened and case number 19 Civ. 4126 is closed. (Signed by Clerk of Court Ruby Krajick on 6/14/2019) (Attachments: #1 Right to Appeal)(km) |
| Filing 618 LETTER addressed to Judge P. Kevin Castel from Andrew K. Glenn dated June 13, 2019 re: Order granting Motion to Withdraw Bankruptcy Reference in case 1:19-cv-04126-PKC. Document filed by SESL Recovery, LLC. (Attachments: #1 Exhibit A - SESL vs. DBSI Remand Oral Argument Transcript, #2 Exhibit B - Order Remanding Action to California State Court, #3 Exhibit C - Letter from BK Clerk to SF County Clerk Remanding Action)Filed In Associated Cases: 1:16-md-02742-PKC, 1:19-cv-03286-PKC, 1:19-cv-04126-PKC(Glenn, Andrew) |
|
Filing 617
ORDER in case 1:16-md-02742-PKC; granting (1) Motion to Withdraw Bankruptcy Reference in case 1:19-cv-04126-PKC: The motion to withdraw the reference is GRANTED. (19 Civ. 4126, Docket # 1.) The Clerk is directed to terminate the motion and to close the case for SESL Recovery, LLC v. Deutsche Bank Securities Inc., 19 Civ. 4126 (PKC). The Clerk is separately directed to re-open the case for SESL Recovery, LLC v. Deutsche Bank Securities Inc., 19 Civ. 3286 (PKC). There will be a pretrial conference in SESL Recovery, LLC v. Deutsche Bank Securities Inc., 19 Civ. 3286 (PKC), on June 28, 2019 at 12:30 p.m. (Signed by Judge P. Kevin Castel on 6/13/2019) Filed In Associated Cases: 1:16-md-02742-PKC, 1:19-cv-03286-PKC, 1:19-cv-04126-PKC (jwh)
|
|
Filing 616
MEMO ENDORSEMENT on re: #615 Letter, filed by Emmanuel Hernandez, Steven Tesoriere, Steven V Tesoriere, Antonio R. Alvarez, Ahmad Chatila, Georganne Proctor, Clayton Daley, Jr., Clayton C. Daley, Jr., Antonio Alvarez, James B. Williams, Brian Wuebbels, Randy H. Zwirn. ENDORSEMENT: The Court is delighted to GRANT the parties' joint request to stay all deadlines pending submission of a motion of preliminary approval by July 1, 2019. SO ORDERED. (Motions due by 7/1/2019.) (Signed by Judge P. Kevin Castel on 6/12/2019) (kv)
|
| Filing 615 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated June 12, 2019 re: Horowitz matter. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara) |
|
Filing 614
ORDER GRANTING MOTION OF TANYA KORKHOV FOR WIITHDRAWAL OF AS CO-COUNSEL OF RECORD FOR PLAINTIFF ALEXANDER Y. USENKO WITHOUT PREJUDICE granting [185 in case 16-md-2742] Motion to Withdraw as Attorney. The Court having considered the motion (Doc. 185) of Tanya Korkhov ("Movant") for withdrawal as co-counsel of record for Plaintiff Alexander Y. Usenko without prejudice, pursuant to LocalCivil Rule 1.4 (filed with the Court April 13, 2017), Movant's request for withdrawal as co-counsel for Plaintiff Usenko is GRANTED. (Attorney Tanya Korkhov terminated.) (Signed by Judge P. Kevin Castel on 5/23/2019) (anc)***Pursuant to instructions from Chambers, filed in 16-md-2742 and 16-mc-2744 only.
|
|
Filing 613
STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge P. Kevin Castel on 4/24/19) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC, 1:16-cv-09566-PKC(yv)
|
| Filing 612 NOTICE OF APPEARANCE by Darcy Caitlyn Harris on behalf of Ahmad Chatila. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC, 1:16-cv-09566-PKC(Harris, Darcy) |
| Filing 611 NOTICE OF APPEARANCE by Lee Gordon Dunst on behalf of Ahmad Chatila. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC, 1:16-cv-09566-PKC(Dunst, Lee) |
| Filing 610 NOTICE OF APPEARANCE by Joel M. Cohen on behalf of Ahmad Chatila. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC, 1:16-cv-09566-PKC(Cohen, Joel) |
| Filing 609 PROPOSED STIPULATION AND ORDER. Document filed by Kearny Investors S.A.R.L., Powell Investors II Limited Partnership, Powell Investors L.P., Canyon - GRF Master Fund II, L.P., Canyon Balanced Master Fund, Ltd, Canyon Capital Advisors LLC, Canyon Capital Arbitrage Master Fund, Ltd., Canyon Value Realization Fund LP, EP Canyon Ltd., The Canyon Value Realization Master Fund, L.P.. (Rossman, Andrew) |
|
Filing 608
STIPULATION AND SCHEDULING ORDER: NOW, THEREFORE IT IS HEREBY STIPULATED AND AGREED, by and among counsel for the parties hereto, that: (1) The deadline for completion of expert discovery, including expert depositions, shall be May 31, 2019; (2) The deadline for Defendants to file their motions for summary judgment shall be July 19, 2019; (3) The deadline for Plaintiffs to file their oppositions to Defendants' motions for summary judgment shall be August 23, 2019; (4) The deadline for Defendants to file reply memoranda in support of their summary judgment motions shall be September 13, 2019; and (5) The Final Pretrial Submissions are deferred to a date to be set by the court. (Deposition due by 5/31/2019. Expert Discovery due by 5/31/2019. Motions due by 7/19/2019. Responses due by 8/23/2019. Replies due by 9/13/2019.) (Signed by Judge P. Kevin Castel on 4/12/2019) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(jwh)
|
| Filing 607 PROPOSED STIPULATION AND ORDER. Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. (Lewis, Daniel) |
|
Filing 606
ORDER denying without prejudice (436) Motion; denying without prejudice (439) Motion to Preclude in case 1:16-md-02742-PKC; denying without prejudice (230) Motion in case 1:16-cv-07967-PKC; denying without prejudice (177) Motion; denying without prejudice (180) Motion to Preclude in case 1:16-cv-07981-PKC: The motions directed toward the issue of whether Global "may, at its option" exercise the termination provision are denied without prejudice. The Clerk is directed to terminate the motions. (16 MD 2742, Docket # 436, 439; 16 Civ. 7967, Docket # 230; 16 Civ. 7981, Docket # 177, 180.) (Signed by Judge P. Kevin Castel on 4/11/2019) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC, 1:16-cv-07981-PKC (jwh)
|
| Filing 605 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 2/22/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 604 TRANSCRIPT of Proceedings re: conference held on 2/22/2019 before Judge P. Kevin Castel. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/24/2019. Redacted Transcript Deadline set for 5/6/2019. Release of Transcript Restriction set for 7/2/2019.(McGuirk, Kelly) |
|
Filing 603
ORDER granting (601) Motion for Jessica Reich Baril to Appear Pro Hac Vice in case 1:16-md-02742-PKC (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC, 1:16-cv-09566-PKC (Nacanther, Florence)
|
|
Filing 602
ORDER granting (600) Motion for David Halleck Fry to Appear Pro Hac Vice in case 1:16-md-02742-PKC (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC, 1:16-cv-09566-PKC (Nacanther, Florence)
|
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (115 in 1:16-cv-09172-PKC, 126 in 1:16-cv-09171-PKC, 67 in 1:16-cv-09566-PKC, 601 in 1:16-md-02742-PKC) MOTION for Jessica Reich Baril to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-16541254. Motion and supporting papers to be reviewed by Clerk's Office staff., (125 in 1:16-cv-09171-PKC, 66 in 1:16-cv-09566-PKC, 114 in 1:16-cv-09172-PKC, 600 in 1:16-md-02742-PKC) MOTION for David Halleck Fry to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-16541206. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC, 1:16-cv-09566-PKC(wb) |
| Filing 601 MOTION for Jessica Reich Baril to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-16541254. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brian Wuebbels. (Attachments: #1 Text of Proposed Order, #2 Affidavit)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC, 1:16-cv-09566-PKC(Baril, Jessica) |
| Filing 600 MOTION for David Halleck Fry to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-16541206. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brian Wuebbels. (Attachments: #1 Text of Proposed Order, #2 Affidavit)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC, 1:16-cv-09566-PKC(Fry, David) |
| Filing 599 MEMO ENDORSEMENT on re: (598 in 1:16-md-02742-PKC, 309 in 1:16-cv-07917-PKC) Letter, filed by Municipal Employees' Retirement System of Michigan. ENDORSEMENT: At face value and on a preliminary basis, the proposed method appears reasonable and the best notice practicable. (Signed by Judge P. Kevin Castel on 3/21/2019) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(jwh) |
| Filing 598 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated March 20, 2019 re: Notice to Class. Document filed by Municipal Employees' Retirement System of Michigan.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) |
| Filing 597 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated March 14, 2019 re: Plaintiffs' response to Defendant's March 7, 2019 pre-motion letter to the Court. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit 27, #2 Exhibit 28, #3 Exhibit 29, #4 Exhibit 30, #5 Exhibit 31, #6 Exhibit 32, #7 Exhibit 33, #8 Exhibit 34, #9 Exhibit 35, #10 Exhibit 36, #11 Exhibit 37, #12 Exhibit 38, #13 Exhibit 39, #14 Exhibit 40, #15 Exhibit 41, #16 Exhibit 42, #17 Exhibit 43, #18 Exhibit 44, #19 Exhibit 45, #20 Exhibit 46, #21 Exhibit 47, #22 Exhibit 48, #23 Exhibit 49, #24 Exhibit 50, #25 Exhibit 51, #26 Exhibit 52, #27 Exhibit 53, #28 Exhibit 54, #29 Exhibit 55, #30 Exhibit 56, #31 Exhibit 57, #32 Exhibit 58, #33 Exhibit 59, #34 Exhibit 60, #35 Exhibit 61, #36 Exhibit 62, #37 Exhibit 63, #38 Exhibit 64, #39 Exhibit 65, #40 Exhibit 66, #41 Exhibit 67, #42 Exhibit 68, #43 Exhibit 69, #44 Exhibit 70, #45 Exhibit 71, #46 Exhibit 72, #47 Exhibit 73, #48 Exhibit 74, #49 Exhibit 75, #50 Exhibit 76, #51 Exhibit 77, #52 Exhibit 78, #53 Exhibit 79, #54 Exhibit 80, #55 Exhibit 81, #56 Exhibit 82, #57 Exhibit 83, #58 Exhibit 84, #59 Exhibit 85, #60 Exhibit 86, #61 Exhibit 87, #62 Exhibit 88, #63 Exhibit 89, #64 Exhibit 90, #65 Exhibit 91, #66 Exhibit 92, #67 Exhibit 93, #68 Exhibit 94, #69 Exhibit 95, #70 Exhibit 96, #71 Exhibit 97, #72 Exhibit 98, #73 Exhibit 99, #74 Exhibit 100, #75 Exhibit 101, #76 Exhibit 102, #77 Exhibit 103, #78 Exhibit 104, #79 Exhibit 105, #80 Exhibit 106, #81 Exhibit 107)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) |
| Filing 596 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated March 14, 2019 re: Plaintiffs' response to Defendant Ahmad Chatila's March 7, 2019 pre-motion letter to the Court. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) |
| Filing 595 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/22/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 594 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/22/2019 before Judge P. Kevin Castel. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/29/2019. Redacted Transcript Deadline set for 4/8/2019. Release of Transcript Restriction set for 6/6/2019.(McGuirk, Kelly) |
| Filing 593 LETTER addressed to Judge P. Kevin Castel from David H. Fry and Joel M. Cohen dated March 7, 2019 re: Pre-Motion Letter. Document filed by Ahmad Chatila, Brian Wuebbels.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Fry, David) |
| Filing 592 LETTER addressed to Judge P. Kevin Castel from Joel M. Cohen dated March 7, 2019 re: Pre-Motion Letter. Document filed by Ahmad Chatila. (Attachments: #1 Exhibit A- Bloomberg Article, #2 Exhibit B- Board Presentation, #3 Exhibit C- Chatila Transcript Excerpts, #4 Exhibit D- Tesoriere Transcript Excerpts, #5 Exhibit E- August Presentation, #6 Exhibit F- 2015 10-Q, #7 Exhibit G- 2014 10-K)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Cohen, Joel) |
| Filing 591 LETTER addressed to Judge P. Kevin Castel from Adam S. Hakki dated March 7, 2019 re: Pre-Motion Letter. Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC.(Hakki, Adam) |
| Filing 590 JOINT LETTER addressed to Judge P. Kevin Castel from James H.R. Windels, Timothy Perla and Richard A. Rosen dated March 7, 2019 re: Independent Directors' Pre-Motion Letter. Document filed by Antonio R. Alvarez, Peter Blackmore, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Windels, James) |
| Filing 589 MEMO ENDORSEMENT on re: (300 in 1:16-cv-07917-PKC, 587 in 1:16-md-02742-PKC) Letter filed by Municipal Employees Retirement System of Michigan. ENDORSEMENT: Application granted. (Signed by Judge P. Kevin Castel on 3/5/2019) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(jwh) |
| Filing 588 NOTICE of Opt-Out of Securities Act Subclass. Document filed by Cobalt KC Partners, LP, Cobalt Offshore Master Fund, LP, Cobalt Partners II, LP, Cobalt Partners, LP., Glenview Capital Master Fund, Ltd., Glenview Capital Opportunity Fund, L.P., Glenview Capital Partners, L.P., Glenview Institutional Partners, L.P., Glenview Offshore Opportunity Master Fund, Ltd., Omega Capital Investors, L.P., Omega Capital Partners, L.P., Omega Equity Investors, L.P., Omega Overseas Partners, Ltd., VMT II, LLC. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Herman, Dennis) |
| Filing 587 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated March 4, 2019 Document filed by Municipal Employees Retirement System of Michigan.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) |
|
Filing 586
STIPULATION AND ORDER OF DISMISSAL: All parties to the above-captioned action, by and through their undersigned attorneys, hereby stipulate to the dismissal with prejudice of the action. The parties shall bear their own costs. (Signed by Judge P. Kevin Castel on 3/1/2019) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-08204-PKC(jwh)
|
|
Filing 585
STIPULATION AND ORDER OF DISMISSAL: All parties to the above-captioned action, by and through their undersigned attorneys, hereby stipulate to the dismissal with prejudice of the action. The parties shall bear their own costs. (Signed by Judge P. Kevin Castel on 3/1/2019) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-08032-PKC(jwh)
|
|
Filing 584
STIPULATION AND ORDER OF DISMISSAL: All parties to the above-captioned action, by and through their undersigned attorneys, hereby stipulate to the dismissal with prejudice of the action. The parties shall bear their own costs. (Signed by Judge P. Kevin Castel on 3/1/2019) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-08006-PKC(jwh)
|
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Dennis Herman. RE-FILE Document No. #582 Stipulation of Voluntary Dismissal #580 Stipulation of Voluntary Dismissal #581 Stipulation of Voluntary Dismissal #583 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the voluntary dismissals were filed in the wrong case. They need to be filed in each individual case. The stipulation also needs to have handwritten signatures of the attorneys. (km) |
| Filing 583 FILING ERROR - DEFICIENT DOCKET ENTRY - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Antonio R. Alvarez, Peter Blackmore, Ahmad Chatila, Clayton Daley, Jr., Deutsche Bank Securities Inc., Goldman, Sachs & Co., Emmanuel Hernandez, J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC, Georganne Proctor, SUNEDISON, INC., Steven Tesoriere, Martin Truong, James B. Williams, Brian Wuebbels, Randy H. Zwirn and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Cobalt KC Partners, LP, Cobalt Offshore Master Fund, LP, Cobalt Partners, LP., Cobalt Partners II, LP. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-08006-PKC(Herman, Dennis) Modified on 2/28/2019 (km). |
| Filing 582 FILING ERROR - DEFICIENT DOCKET ENTRY - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Antonio R. Alvarez, Peter Blackmore, Ahmad Chatila, Clayton Daley, Jr., Deutsche Bank Securities Inc., Goldman, Sachs & Co., Emmanuel Hernandez, J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC, Georganne Proctor, SUNEDISON, INC., Steven Tesoriere, Martin Truong, James B. Williams, Brian Wuebbels, Randy H. Zwirn and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Glenview Institutional Partners, L.P., Glenview Offshore Opportunity Master Fund, Ltd., Glenview Capital Opportunity Fund, L.P., Glenview Capital Master Fund, Ltd., Glenview Capital Partners, L.P.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-08032-PKC(Herman, Dennis) Modified on 2/28/2019 (km). |
| Filing 581 FILING ERROR - DEFICIENT DOCKET ENTRY - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Antonio R. Alvarez, Peter Blackmore, Ahmad Chatila, Clayton Daley, Jr., Deutsche Bank Securities Inc., Goldman, Sachs & Co., Emmanuel Hernandez, J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC, Georganne Proctor, SUNEDISON, INC., Steven Tesoriere, Martin Truong, James B. Williams, Brian Wuebbels, Randy H. Zwirn and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by VMT II, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-08204-PKC(Herman, Dennis) Modified on 2/28/2019 (km). |
| Filing 580 FILING ERROR - DEFICIENT DOCKET ENTRY - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Antonio R. Alvarez, Peter Blackmore, Ahmad Chatila, Clayton Daley, Jr., Deutsche Bank Securities Inc., Goldman, Sachs & Co., Emmanuel Hernandez, J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC, Georganne Proctor, SUNEDISON, INC., Steven Tesoriere, Martin Truong, James B. Williams, Brian Wuebbels, Randy H. Zwirn and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Omega Equity Investors, L.P., Omega Capital Investors, L.P., Omega Overseas Partners, Ltd., Omega Capital Partners, L.P.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07428-PKC(Herman, Dennis) Modified on 2/28/2019 (km). |
|
Filing 579
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by the undersigned counsel on behalf of the Parties, as follows: (i) Plaintiff will sign and agree to be bound by the Protective Order and the July 3, 2018 Order (which addresses the handling of certain privileged material) entered in the Class Case (Dkt. Nos. 386 and 393); (ii) Plaintiff agrees not to assert a subject matter privilege waiver based on the production of documents related to the Audit Committee of the SunEdison Board of Directors' internal investigation that the Court ordered to be produced on October 22, 2018, and as further set forth in this stipulation. (Signed by Judge P. Kevin Castel on 2/26/2019) Filed In Associated Cases: 1:16-md-02742-PKC, 1:18-cv-11617-PKC(jwh)
|
| Filing 578 PROPOSED STIPULATION AND ORDER. Document filed by Ahmad Chatila. (Levin, Gabrielle) |
| Minute Entry for proceedings held before Judge P. Kevin Castel: Case Management Conference held on 2/22/2019. Plaintiffs voluntarily withdraw their motion to compel, and the motion is terminated. (Docket # 533.) The letter motion requesting a discovery conference is granted in part and denied in part, and is terminated. (Docket # 567.) See transcript.(Court Reporter Alena Lynch) (Nacanther, Florence) |
| Filing 577 LETTER addressed to Judge P. Kevin Castel from Adam S. Hakki dated February 22, 2019 re: Response to Plaintiffs' Letter (ECF 575). Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC, Deutsche Bank Securities Inc., Goldman Sachs & Co, J.P Morgan Securities LLC, Merrill Lynch Pierce Fenner & Smith Inc, Morgan Stanley & Co L.L.C.. (Attachments: #1 Exhibit 1)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Hakki, Adam) |
| Filing 576 NOTICE OF APPEARANCE by Jacqueline Gail Yecies on behalf of SunEdison, Inc.. (Yecies, Jacqueline) |
| Filing 575 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated February 21, 2019 Document filed by Municipal Employees Retirement System of Michigan. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) |
| Filing 574 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated February 21, 2019 re: Requesting Extension re Premotion Letters. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara) |
| Filing 573 NOTICE OF APPEARANCE by Thomas Andrew Paskowitz on behalf of Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, Martin Truong, James B. Williams, Brian Wuebbels, Randy Zwirn, Ahmad R Chatila, Clayton C. Daley, Jr, Emmanuel T Hernandez, Matthew Herzberg, Georganne C. Proctor, SunEdison, Inc. Investment Committee, Steven V Tesoriere, Randy H. Zwirn, Jeremy Avenier, Matthew Martin, Phelps Morris, James Welsh, Clayton Daley, Jr, Steven Tseoriere, Antonio Alvarez. Filed In Associated Cases: 1:16-md-02742-PKC et al.(Paskowitz, Thomas) |
| Filing 572 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated February 11, 2019 re: Notice of Settlement. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, Martin Truong, James B. Williams, Brian Wuebbels, Randy Zwirn, Clayton Daley, Jr, Emmanuel T Hernandez, Steven Tseoriere, Randy H. Zwirn.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07428-PKC, 1:16-cv-08006-PKC, 1:16-cv-08032-PKC, 1:16-cv-08204-PKC(Brody, Sara) |
|
Filing 571
ORDER CERTIFYING THE CLASS AND APPROVING NOTICE AND SUMMARY NOTICE OF PENDENCY OF CLASS ACTION: NOW, THEREFORE, IT IS HEREBY ORDERED that: 1. The certified Class shall comprise two certified subclasses, which shall consist of: (1) all persons and entities who purchased or otherwise acquired shares of SunEdison common stock between September 2, 2015 and April 4, 2016 (the "Exchange Act Class Period"), and were damaged thereby (the "Exchange Act Subclass"); and (2) all persons and entities who purchased or otherwise acquired shares of SunEdison preferred stock pursuant or traceable to the Preferred Offering between August 18, 2015 and November 9, 2015, inclusive (the "Securities Act Class Period"), and were damaged thereby (the "Securities Act Subclass"), and as further set forth in this order. (Signed by Judge P. Kevin Castel on 2/11/2019) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(jwh)
|
| Filing 570 LETTER RESPONSE to Motion addressed to Judge P. Kevin Castel from Jonathan E. Pickhardt, Andrew J. Rossman and Frank J. Broccolo dated February 8, 2019 re: (567 in 1:16-md-02742-PKC, 122 in 1:16-cv-09171-PKC, 111 in 1:16-cv-09172-PKC) LETTER MOTION for Local Rule 37.2 Conference addressed to Judge P. Kevin Castel from Daniel C. Lewis dated February 4, 2019. . Document filed by Canyon Capital Advisors LLC, EP Canyon Ltd., Canyon - GRF Master Fund II, L.P., Canyon Balanced Master Fund, Ltd, Canyon Capital Arbitrage Master Fund, Ltd., Canyon Value Realization Fund LP, The Canyon Value Realization Master Fund, L.P., Canyon Value Realization Master Fund L.P., Canyon-GRF Master Fund II, L.P.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC(Pickhardt, Jonathan) |
| Filing 569 LETTER RESPONSE to Motion addressed to Judge P. Kevin Castel from Andrew J. Rossman, Jonathan E. Pickhardt and Frank J. Broccolo dated Febuary 8, 2019 re: (567 in 1:16-md-02742-PKC, 63 in 1:16-cv-09566-PKC) LETTER MOTION for Local Rule 37.2 Conference addressed to Judge P. Kevin Castel from Daniel C. Lewis dated February 4, 2019. . Document filed by Kearny Investors S.A.R.L., Powell Investors II Limited Partnership, Powell Investors L.P.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09566-PKC(Rossman, Andrew) |
| Filing 568 LETTER addressed to Judge P. Kevin Castel from Salvatore Graziano dated February 8, 2019 re: recent discovery developments concering Plaintiffs' Motion to Compel Paul Hastings. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit AA, #2 Exhibit V, #3 Exhibit W, #4 Exhibit X, #5 Exhibit Y, #6 Exhibit Z)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) |
| Filing 567 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge P. Kevin Castel from Daniel C. Lewis dated February 4, 2019. Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC, 1:16-cv-09566-PKC(Lewis, Daniel) |
|
Filing 566
ORDER granting #563 Motion for Esteban Martin Estrada to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence)
|
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. (293 in 1:16-cv-07917-PKC, 565 in 1:16-md-02742-PKC) Proposed Order, was reviewed and approved as to form. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(dt) |
| Filing 565 PROPOSED ORDER. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit 1, #2 Exhibit 2) Related Document Number: #549 . (Graziano, Salvatore) Proposed Order to be reviewed by Clerk's Office staff. |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice re: Document No. #563 MOTION for Esteban Martin Estrada to Appear Pro Hac Vice . 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. (bcu) |
| Pro Hac Vice Fee Payment: for (563 in 1:16-md-02742-PKC) MOTION for Esteban Martin Estrada to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number NYSDC-16252183.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Estrada, Esteban) |
| Filing 564 PROPOSED ORDER. Document filed by Brian Wuebbels. Related Document Number: #563 . (Estrada, Esteban) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 563 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Esteban Martin Estrada to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brian Wuebbels. (Attachments: #1 Affidavit Affidavit of E. Martin Estrada ISO Motion for Admission Pro Hac Vice, #2 Text of Proposed Order Order for Admission Pro hac vice)(Estrada, Esteban) Modified on 1/28/2019 (bcu). |
| Filing 562 LETTER addressed to Judge P. Kevin Castel from Jack G. Fruchter dated January 24, 2019 re: Response to Defendant's Reply Brief. Document filed by Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff).Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC(Levit, Lawrence) |
| Filing 561 DECLARATION of Peter M. Stone in Opposition re: #533 LETTER MOTION to Compel Paul Hastings LLP to Produce Documents addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 12/20/2018.. Document filed by Paul Hastings LLP. (Moran, Brian) |
| Filing 560 DECLARATION of Lisa Popovich in Opposition re: #533 LETTER MOTION to Compel Paul Hastings LLP to Produce Documents addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 12/20/2018.. Document filed by Paul Hastings LLP. (Attachments: #1 Exhibit A (Redacted) (SunEdison USDCNDNY Transcript Oct. 22, 2018))(Moran, Brian) |
| Filing 559 LETTER RESPONSE in Opposition to Motion addressed to Judge P. Kevin Castel from Brian P. Moran dated December 27, 2018 re: #533 LETTER MOTION to Compel Paul Hastings LLP to Produce Documents addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 12/20/2018. . Document filed by Paul Hastings LLP. (Moran, Brian) |
| Filing 558 LETTER addressed to Judge P. Kevin Castel from Brian P. Moran dated January 23, 2019 re: Clarification of situation with respect to opposition to Plaintiffs' motion to compel further production of documents. Document filed by Paul Hastings LLP.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Moran, Brian) |
| Filing 557 LETTER MOTION to Seal Document addressed to Judge P. Kevin Castel from Daniel C. Lewis dated January 22, 2019. Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Lewis, Daniel) |
| Filing 556 DECLARATION of Adam D. Hollander in Support re: (282 in 1:16-cv-07917-PKC) LETTER MOTION to Compel Paul Hastings LLP to Produce Documents addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 12/20/2018.. Document filed by Municipal Employees Retirement System of Michigan. (Attachments: #1 Exhibit 1 - Declaration of Adam D. Hollander [Redacted], #2 Exhibit 2 - Declaration of Adam D. Hollander [Redacted], #3 Exhibit 3 - Declaration of Adam D. Hollander [Redacted])Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) |
| Filing 555 REPLY MEMORANDUM OF LAW in Support re: (282 in 1:16-cv-07917-PKC) LETTER MOTION to Compel Paul Hastings LLP to Produce Documents addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 12/20/2018. [Redacted]. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit Q [Redacted], #2 Exhibit R [Redacted], #3 Exhibit S [Redacted], #4 Exhibit T [Redacted], #5 Exhibit U [Redacted])Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) |
| Filing 554 RESPONSE Addressing Response Declaration of Michael Hartzmark. Document filed by Terraform Global, Inc.. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07981-PKC(Bongiorno, Michael) |
|
Filing 553
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by the undersigned counsel on behalf of the Parties, as follows: (i) Plaintiffs shall substantially complete their document productions no later than April 15, 2019; (ii) Defendants' cutoff for fact discovery related to Plaintiffs, the deadline for Plaintiffs to take additional fact depositions, and the deadline for discovery that the Parties intend to take of third parties with knowledge of facts relevant to Plaintiffs' Securities Claims and/or Defendants' defenses thereto, shall be August 15, 2019: and (iii) except as to the deadlines stated herein, any limitations respecting the depositions that Plaintiffs and Defendants are entitled to take, as set forth in the Original Stipulation, shall remain in effect. (Deposition due by 8/15/2019. Fact Discovery due by 8/15/2019.) (Signed by Judge P. Kevin Castel on 1/15/2019) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC, 1:16-cv-09566-PKC(jwh)
|
| Filing 552 DECLARATION of Kevin Gold re: #387 MOTION to Certify Class . (Amended). Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. (Attachments: #1 Exhibit A - Amended, #2 Exhibit B - Amended, #3 Exhibit D - Amended)(Lewis, Daniel) |
| Filing 551 DECLARATION of Daniel C. Lewis re: #387 MOTION to Certify Class . . Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. (Attachments: #1 Exhibit 29 - Amended, #2 Exhibit 30 - Amended, #3 Exhibit 31 - Amended)(Lewis, Daniel) |
|
Filing 550
ORDER ON SEALING granting in part and denying in part (418) Motion to Seal in case 1:16-md-02742-PKC: The Underwriter Defendants' motion to file under seal is granted in part and denied in part. The Clerk is directed to terminate the motion. (16 md 2742, Docket # 418.) Any party wishing to file a motion to seal any document filed in connection with the motion for class certification shall do so no later than January 22, 2019. (Signed by Judge P. Kevin Castel on 1/7/2019) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC (jwh)
|
|
Filing 549
OPINION AND ORDER re: (387 in 1:16-md-02742-PKC, 193 in 1:16-cv-07917-PKC) MOTION to Certify Class filed by Municipal Employees' Retirement System of Michigan. The motion for class certification is GRANTED. The proposed class is modified to consist of two subclasses. The Securities Act class consists of all persons or entities who purchased shares of preferred stock pursuant or traceable to the Preferred Offering between August 18, 2015 and November 9, 2015 and were damaged thereby. ATRS is approved as class representative of the Securities Act class. The Exchange Act class consists of persons or entities who purchased or otherwise acquired common stock in SunEdison between September 2, 2015 and April 4, 2016 and were damaged thereby. MERS is approved as class representative of the Exchange Act class. Bernstein Litowitz Berger & Grossman LLP is appointed as class counsel for each of the subclasses. Class counsel shall submit a proposed Order within 21 days certifying the two subclasses and proposing a notice to the class and means of dissemination consistent with Rule 23. The Clerk is directed to terminate the motion. (16 Civ. 7917, Docket # 193; 16 MD 2742, Docket # 387.) SO ORDERED. (Signed by Judge P. Kevin Castel on 1/7/2019) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(ne)
|
| Set/Reset Deadlines: Motions due by 1/22/2019. Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(jwh) |
| Filing 548 MEMO ENDORSEMENT on re: (30 in 1:18-cv-11617-PKC) Letter filed by Brian Wuebbels. ENDORSEMENT: Application is reluctantly granted. See Williams v A&E Television Network, 2015 WL 778156 (Feb 11, 2015). (Signed by Judge P. Kevin Castel on 1/3/2019) Filed In Associated Cases: 1:16-md-02742-PKC, 1:18-cv-11617-PKC(jwh) |
|
Filing 547
ORDER: Plaintiffs' letter of December 20, 2018 is deemed a motion, pursuant to Rule 45, Fed. R. Civ. P., to compel non-party witness Paul Hastings LLP to produce certain documents. Paul Hastings LLP-and any interested party-shall fully respond to the motion by January 15, 2019 and may annex one or more affidavits and a copy of the privilege log required by Local Civil Rule 26.2. Plaintiffs may reply by January 22, 2019. (Set Deadlines/Hearing as to (533 in 1:16-md-02742-PKC, 282 in 1:16-cv-07917-PKC) LETTER MOTION to Compel: Responses due by 1/15/2019, Replies due by 1/22/2019.) (Signed by Judge P. Kevin Castel on 1/3/2019) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(jwh)
|
| Filing 546 NOTICE OF APPEARANCE by Leah McCallister Ray on behalf of Canyon Capital Advisors LLC, EP Canyon Ltd.. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09172-PKC(Ray, Leah) |
| Filing 545 NOTICE OF APPEARANCE by Leah McCallister Ray on behalf of Canyon Balanced Master Fund, Ltd, Canyon Capital Advisors LLC, Canyon Capital Arbitrage Master Fund, Ltd., Canyon Value Realization Fund LP, Canyon Value Realization Master Fund L.P., Canyon-GRF Master Fund II, L.P.. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC(Ray, Leah) |
| Filing 544 NOTICE OF APPEARANCE by Leah McCallister Ray on behalf of Kearny Investors S.A.R.L., Powell Investors II Limited Partnership, Powell Investors L.P.. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09566-PKC(Ray, Leah) |
| Filing 543 NOTICE OF APPEARANCE by Ryan Adam Rakower on behalf of Canyon Capital Advisors LLC, EP Canyon Ltd.. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09172-PKC(Rakower, Ryan) |
| Filing 542 NOTICE OF APPEARANCE by Ryan Adam Rakower on behalf of Canyon - GRF Master Fund II, L.P., Canyon Balanced Master Fund, Ltd, Canyon Capital Advisors LLC, Canyon Capital Arbitrage Master Fund, Ltd., Canyon Value Realization Fund LP, The Canyon Value Realization Master Fund, L.P.. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC(Rakower, Ryan) |
| Filing 541 NOTICE OF APPEARANCE by Ryan Adam Rakower on behalf of Kearny Investors S.A.R.L., Powell Investors II Limited Partnership, Powell Investors L.P.. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09566-PKC(Rakower, Ryan) |
| Filing 540 NOTICE OF APPEARANCE by Courtney Christine Whang on behalf of Canyon Capital Advisors LLC, EP Canyon Ltd.. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09172-PKC(Whang, Courtney) |
| Filing 539 NOTICE OF APPEARANCE by Courtney Christine Whang on behalf of Canyon - GRF Master Fund II, L.P., Canyon Balanced Master Fund, Ltd, Canyon Capital Advisors LLC, Canyon Capital Arbitrage Master Fund, Ltd., Canyon Value Realization Fund LP, The Canyon Value Realization Master Fund, L.P.. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC(Whang, Courtney) |
| Filing 538 NOTICE OF APPEARANCE by Jesse Bernstein on behalf of Canyon Capital Advisors LLC, EP Canyon Ltd.. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09172-PKC(Bernstein, Jesse) |
| Filing 537 NOTICE OF APPEARANCE by Jesse Bernstein on behalf of Canyon Balanced Master Fund, Ltd, Canyon Capital Advisors LLC, Canyon Capital Arbitrage Master Fund, Ltd., Canyon Value Realization Fund LP, Canyon Value Realization Master Fund L.P., Canyon-GRF Master Fund II, L.P.. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC(Bernstein, Jesse) |
| Filing 536 NOTICE OF APPEARANCE by Courtney Christine Whang on behalf of Kearny Investors S.A.R.L., Powell Investors II Limited Partnership, Powell Investors L.P.. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09566-PKC(Whang, Courtney) |
| Filing 535 PROPOSED STIPULATION AND ORDER. Document filed by Kearny Investors S.A.R.L., Powell Investors II Limited Partnership, Powell Investors L.P., Canyon - GRF Master Fund II, L.P., Canyon Balanced Master Fund, Ltd, Canyon Capital Advisors LLC, Canyon Capital Arbitrage Master Fund, Ltd., Canyon Value Realization Fund LP, EP Canyon Ltd., The Canyon Value Realization Master Fund, L.P.. (Rossman, Andrew) |
|
Filing 534
ORDER: The Court has received TerraForm Global's letter of November 21, 2018 and plaintiffs' response of November 28, 2018. TerraForm Global requests leave to move to strike the Response Declaration of Michael L. Hartzmark, which it characterizes as an untimely expert report served after the expert discovery cut-off date. Additional motion practice is unlikely to shed additional light on the parties' dispute and would prolong resolution of the pending motion. Leave to file a motion to strike is denied. If TerraForm Global wishes to file a response to any new issues raised in Hartzmark's declaration, it may do so by January 18, 2019. SO ORDERED. (Responses due by 1/18/2019) (Signed by Judge P. Kevin Castel on 12/21/2018) (jca)
|
| Filing 533 LETTER MOTION to Compel Paul Hastings LLP to Produce Documents addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 12/20/2018. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) |
|
Filing 532
NOTICE OF WITHDRAWAL OF HOWARD M. SHAPIRO AS COUNSEL OF RECORD AND ORDER. PLEASE TAKE NOTICE that I, Howard M. Shapiro, of the law firm Wilmer Cutler Pickering Hale and Dorr LLP ("WilmerHale"), hereby withdraw as counsel of record for Defendants TerraForm Power, Inc. ("TERP") and TerraForm Global, Inc. ("GLBL") in the above-captioned matters. Zornoza v. TerraForm Global, Inc. et al., 1:18-cv-11617 was originally filed in the District of Maryland. I was retained by TERP and GLBL to serve as local counsel. On December 6, 2018, this case was transferred to the In re SunEdison Sec. Litig. MDL in the Southern District of New York. I request that my name and email address be removed from the official dockets for the above-captioned matters. I did not assert a retaining or charging lien. There will be no prejudice from my withdrawal. WilmerHale continues to represent TERP and GLBL. Any future correspondence and papers in this action should continue to be directed to them. So ordered. Attorney Howard M. Shapiro terminated. (Signed by Judge P. Kevin Castel on 12/19/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:18-cv-11617-PKC (rjm)
|
| Filing 531 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by TerraForm Power, Inc., Terraform Global, Inc.. (Shapiro, Howard) |
| Filing 530 PROPOSED ORDER. Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. Related Document Number: #528 . (Lewis, Daniel) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 529 MEMORANDUM OF LAW in Support re: (528 in 1:16-md-02742-PKC, 279 in 1:16-cv-07917-PKC) MOTION to Seal Document . . Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Lewis, Daniel) |
| Filing 528 MOTION to Seal Document . Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Lewis, Daniel) |
| Filing 527 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Maryland, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge P. Kevin Castel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 12/8/2018) (sjo) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. (281 in 1:16-cv-07917-PKC, 530 in 1:16-md-02742-PKC) Proposed Order, was reviewed and approved as to form. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(dt) |
| Filing 526 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated November 29, 2018 re: Response to Plaintiffs' November 26, 2018 Letter. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara) |
| Filing 525 LETTER addressed to Judge P. Kevin Castel from Adam S. Hakki dated November 29, 2018 re: Response to Letter dated November 26, 2018 RE Recent Developments. Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC, Deutsche Bank Securities Inc., Goldman Sachs & Co, J.P Morgan Securities LLC, Merrill Lynch Pierce Fenner & Smith Inc, Morgan Stanley & Co L.L.C..Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Hakki, Adam) |
| Filing 524 LETTER addressed to Judge P. Kevin Castel from Lawrence D. Levit dated November 28, 2018 re: Response to Defendants' Pre-Motion Letter dated November 21, 2018. Document filed by Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff).Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07981-PKC(Porsch, Cassandra) |
| Filing 523 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 11/26/2018 re: Recent Evidentiary Developments Relevant to Plaintiffs' Pending Motion for Class Certification. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) |
| Filing 522 LETTER addressed to Judge P. Kevin Castel from Michael G. Bongiorno dated November 21, 2018 re: TerraForm Global Inc.'s Pre-Motion Letter in advance of Contemplated Motion. Document filed by Terraform Global, Inc..Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07981-PKC(Bongiorno, Michael) |
|
Filing 521
STIPULATION AND SCHEDULING ORDER: NOW, THEREFORE IT IS HEREBY STIPULATED AND AGREED, by and among counsel for the parties hereto, that: (1) The deadline for fact discovery to be completed shall be February 8, 2019, provided, however, that the deadline to complete fact depositions of Underwriter Defendants (other than the deposition of one additional witness from Goldman Sachs & Co. LLC to be taken in his personal capacity) will remain November 16, 2018. (2) With regard to expert discovery and depositions, (a) the parties shall file opening expert reports on or before March 1, 2019; (b) the parties shall file rebuttal expert reports on or before March 29, 2019; and (c) expert discovery shall be completed by April 26, 2019. The next conference will be February 22, 2019 at 2pm. (Expert Discovery due by 4/26/2019. Fact Discovery due by 2/8/2019. Status Conference set for 2/22/2019 at 02:00 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 11/14/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(jwh)
|
| Filing 520 PROPOSED STIPULATION AND ORDER. Document filed by Municipal Employees' Retirement System of Michigan. (Graziano, Salvatore) |
| Filing 519 PROPOSED STIPULATION AND ORDER. Document filed by Municipal Employees Retirement System of Michigan. (Graziano, Salvatore) |
| Filing 518 LETTER addressed to Judge P. Kevin Castel from Lawrence D. Levit dated November 5, 2018 re: Corrected Memo filing. Document filed by Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff).Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07981-PKC(Porsch, Cassandra) |
| Filing 517 MEMORANDUM OF LAW in Opposition re: (177 in 1:16-cv-07981-PKC) MOTION Concerning the Settlement Termination Option . (CORRECTED). Document filed by Pyramid Holdings, Inc.. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07981-PKC(Porsch, Cassandra) |
| Filing 516 DECLARATION of Lawrence D. Levit in Opposition re: (177 in 1:16-cv-07981-PKC) MOTION Concerning the Settlement Termination Option .. Document filed by Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff). (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07981-PKC(Porsch, Cassandra) |
| Filing 515 MEMORANDUM OF LAW in Opposition re: (177 in 1:16-cv-07981-PKC) MOTION Concerning the Settlement Termination Option . . Document filed by Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff). Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07981-PKC(Porsch, Cassandra) |
| Filing 514 MEMORANDUM OF LAW in Opposition re: (439 in 1:16-md-02742-PKC, 180 in 1:16-cv-07981-PKC) MOTION to Preclude Settlement Termination. . Document filed by Terraform Global, Inc.. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07981-PKC(Bongiorno, Michael) |
|
Filing 513
ORDER GRANTING UNOPPOSED MOTION FOR DISTRIBUTION OF CLASS ACTION SETTLEMENT FUNDS granting (485) Motion for Disbursement of Funds in case 1:16-md-02742-PKC; granting (123) Motion for Disbursement of Funds in case 1:16-cv-08039-PKC: IT IS HEREBY ORDERED THAT: 1. Lead Plaintiffs' Unopposed Motion for Distribution of Class Action Settlement Funds is GRANTED, as further set forth in this order. If any funds shall remain in the Net Settlement Fund six moths after such redistribution, then such balance shall be subject to further application to the court. This Court retains jurisdiction over any further application or matter which may arise in connection with this action. (Signed by Judge P. Kevin Castel on 11/1/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-08039-PKC (jwh)
|
| Filing 512 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/22/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 511 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/22/2018 before Judge P. Kevin Castel. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/23/2018. Redacted Transcript Deadline set for 12/3/2018. Release of Transcript Restriction set for 1/30/2019.(McGuirk, Kelly) |
|
Filing 510
MEMO ENDORSEMENT on re: ( #509 in 1:16-md-02742-PKC, 234 in 1:16-cv-07967-PKC) LETTER addressed to Judge P. Kevin Castel from Lawrence D. Levit dated 10/24/2018 re: An Extension of Time. Document filed by Pyramid Holdings, Inc. (Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff). ENDORSEMENT: Application granted. So ordered. (Signed by Judge P. Kevin Castel on 10/24/2018). Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC (rjm).
|
| Filing 509 LETTER addressed to Judge P. Kevin Castel from Lawrence D. Levit dated 10/24/2018 re: An Extension of Time. Document filed by Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff).Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC(Levit, Lawrence) |
| Set/Reset Deadlines: Brief due by 11/1/2018. (rjm) |
| Filing 508 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 10/18/2018 re: Recent Developments. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) |
| Filing 507 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 09/13/2018 re: Discovery Dispute. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) |
| Filing 506 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated October 19, 2018 re: Response to Plaintiffs' October 18, 2018 Letter. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara) |
| Filing 505 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated September 19, 2018 re: in response to Plaintiffs' September 13, 2018 letter requesting a discovery conference. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara) |
| Minute Entry for proceedings held before Judge P. Kevin Castel: Discovery Hearing held on 10/22/2018, Motion(s) terminated: (478 in 1:16-md-02742-PKC, 254 in 1:16-cv-07917-PKC) MOTION for Leave to File Under Seal Certain Materials is DENIED (filed by Emmanuel Hernandez, Steven Tesoriere, Steven V Tesoriere, Antonio R. Alvarez, Ahmad Chatila, Georganne Proctor, Clayton Daley, Jr., Antonio Alvarez, James B. Williams, Brian Wuebbels, Randy H. Zwirn, (99 in 1:16-mc-02742-PKC) MOTION for Leave to File Under Seal Certain Materials is DENIED (filed by SunEdison, Inc. Securities Class Action Defendants). The parties shall re-file their letter-briefs without redaction. See transcript. (Court Reporter Rebecca Forman) (Nacanther, Florence) |
| Filing 504 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated October 19, 2018 re: Response to Plaintiffs' October 18, 2018 Letter. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara) |
| Filing 503 NOTICE OF APPEARANCE by Jessica Ortiz on behalf of Martin Truong. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC, 1:16-cv-09566-PKC(Ortiz, Jessica) |
| Filing 502 NOTICE OF APPEARANCE by Sara Ellen Margolis on behalf of Martin Truong. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC, 1:16-cv-09566-PKC(Margolis, Sara) |
| Filing 501 NOTICE OF APPEARANCE by Elizabeth Johnson Stewart on behalf of Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. Filed In Associated Cases: 1:16-md-02742-PKC et al.(Stewart, Elizabeth) |
| Filing 500 NOTICE OF APPEARANCE by Sierra Shear on behalf of Peter Blackmore. (Shear, Sierra) |
| Filing 499 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 10/18/2018 re: Recent Developments. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) |
| Filing 498 NOTICE OF APPEARANCE by Francis P. Karam on behalf of Kingdon Associates, Kingdon Credit Master Fund, L.P., Kingdon Family Partnership, L.P., M. Kingdon Offshore Master Fund, L.P., Glenview Capital Master Fund, Ltd., Glenview Capital Opportunity Fund, L.P., Glenview Capital Partners, L.P., Glenview Institutional Partners, L.P., Glenview Offshore Opportunity Master Fund, Ltd., Cobalt KC Partners, LP, Cobalt Offshore Master Fund, LP, Cobalt Partners II, LP, Cobalt Partners, LP., Omega Capital Investors, L.P., Omega Capital Partners, L.P., Omega Equity Investors, L.P., Omega Overseas Partners, Ltd., Oklahoma Firefighters Pension and Retirement System, Omega Capital Investors, L.P., VMT II, LLC. Filed In Associated Cases: 1:16-md-02742-PKC et al.(Karam, Francis) |
|
Filing 497
ORDER granting #496 Motion for Sierra Shear to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence)
|
| Filing 496 MOTION for Sierra Shear to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-15757356. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Peter Blackmore. (Attachments: #1 Declaration in Support of Motion, #2 Certificate of Good Standing- Massachusetts, #3 Certificate of Good Standing- New York, #4 Certificate of Good Standing- District of Columbia, #5 Text of Proposed Order)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Shear, Sierra) |
| Filing 495 MEMO ENDORSEMENT on re: (261 in 1:16-cv-07917-PKC) Letter filed by Brian Wuebbels. ENDORSEMENT: Application granted. (Signed by Judge P. Kevin Castel on 10/11/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(jwh) |
|
Filing 494
ORDER: There are currently two pretrial conferences scheduled for this case, one on October 22, 2018 at 12 p.m. to address the parties' ongoing discovery disputes, and a previously scheduled status conference of October 26, 2018 at 11 a.m. The conference of October 26 is vacated. The October 22 conference will serve as both a status conference and the parties' opportunity to be heard as to their discovery disputes. (Signed by Judge P. Kevin Castel on 10/11/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(jwh)
|
| Filing 493 NOTICE OF APPEARANCE by Rollo Clyde Baker, IV on behalf of Canyon Capital Advisors LLC, EP Canyon Ltd.. (Baker, Rollo) |
| Filing 492 NOTICE OF APPEARANCE by Rollo Clyde Baker, IV on behalf of Canyon - GRF Master Fund II, L.P., Canyon Balanced Master Fund, Ltd, Canyon Capital Advisors LLC, Canyon Capital Arbitrage Master Fund, Ltd., Canyon Value Realization Fund LP, The Canyon Value Realization Master Fund, L.P.. (Baker, Rollo) |
|
Filing 491
ORDER GRANTING MOTION FOR WITHDRAWAL OF ATTORNEY DAVID W. HALL granting (93) Motion to Withdraw as Attorney. in case 1:17-cv-06058-PKC. Upon consideration of plaintiffs Cobalt KC Partners, LP, Cobalt Offshore Master Fund, LP, Cobalt Partners II, LP, Cobalt Partners, LP, Glenview Capital Master Fund, Ltd., Glenview Capital Opportunity Fund, L.P., Glenview Capital Partners, L.P., Glenview Institutional Partners, LP, Glenview Offshore Opportunity Master Fund, Ltd., Omega Capital Investors, L.P., Omega Capital Partners, LP., Omega Equity Investors, L.P, Omega Overseas Partners, Ltd., Oklahoma Firefighters Pension and Retirement System, Kingdon Associates, Kingdon Credit Master Fund, L.P., Kingdon Family Partnership, L.P, M. Kingdon Offshore Master Fund, L.P, VMT II, LLC's Motion for Withdrawal of Attorney David W. Hall (the "Motion"), it is hereby ordered that: 1. The Motion is GRANTED. 2. The clerk is ordered to reflect on the docket the termination of attorney David W. Hall as counsel of record for plaintiffs. (Signed by Judge P. Kevin Castel on 10/9/2018) Filed In Associated Cases: 1:16-md-02742-PKC et al. (mro)
|
|
Filing 490
ORDER granting (297) Motion to Withdraw as Attorney; granting (166) Motion to Withdraw as Attorney. The application of Jessica E. Morrison to withdraw as counsel for Defendant KPMG LLP in the above captioned matter is hereby GRANTED, and the clerk is ordered to reflect on the docket the termination of attorney Jessica E. Morrison as counsel of record for KPMG LLP. (Attorney Jessica Erin Morrison terminated in case 1:16-cv-07917-PKC/1:16-md-02742-PKC) (Signed by Judge P. Kevin Castel on 10/5/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC (jwh)
|
|
Filing 489
ORDER granting (296) Motion to Withdraw as Attorney; granting (165) Motion to Withdraw as Attorney: The application of Franklin D. Annand to withdraw as counsel for Defendant KPMG LLP in the above captioned matter is hereby GRANTED, and the clerk is ordered to reflect on the docket the termination of attorney Franklin D. Annand as counsel of record for KPMG LLP. (Attorney Franklin Darley Annand terminated in case 1:16-cv-07917-PKC/1:16-md-02742-PKC) (Signed by Judge P. Kevin Castel on 10/5/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC (jwh)
|
| Filing 488 DECLARATION of Robert Cormio in Support of Lead Counsel's Motion for Approval of Distribution Plan in Support re: (123 in 1:16-cv-08039-PKC, 485 in 1:16-md-02742-PKC) MOTION for Disbursement of Funds - Notice of Unopposed Motion for Distribution of Class Action Settlement Funds.. Document filed by Clemens Schlettwein, Jerome Spindler. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-08039-PKC(Lieberman, Jeremy) |
| Filing 487 MEMORANDUM OF LAW in Support re: (123 in 1:16-cv-08039-PKC) MOTION for Disbursement of Funds - Notice of Unopposed Motion for Distribution of Class Action Settlement Funds. re:485 in 1:16-md-02742-PKC. Document filed by Clemens Schlettwein, Jerome Spindler. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-08039-PKC(Lieberman, Jeremy) |
| Filing 486 PROPOSED ORDER. Document filed by Clemens Schlettwein, Jerome Spindler. Related Document Number: [Docket No. 485 (1:16-md-2742) and Docket No. 123 (1:16-cv-08039)]. (Lieberman, Jeremy) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 485 MOTION for Disbursement of Funds - Notice of Unopposed Motion for Distribution of Class Action Settlement Funds. Document filed by Clemens Schlettwein, Jerome Spindler.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-08039-PKC(Lieberman, Jeremy) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. (124 in 1:16-cv-08039-PKC, 486 in 1:16-md-02742-PKC) Proposed Order, was reviewed and approved as to form. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-08039-PKC(dt) |
|
Filing 484
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by the undersigned counsel on behalf of the Parties, as follows: (a) The Parties shall treat the Class Action Decision as if it was rendered with respect to the Amended Complaints (the "Amended Complaint Decision"); (ii) All discovery that Defendants plan to take of Plaintiffs and/or that the Parties intend to take of third parties with knowledge of facts relevant to Plaintiffs' Securities Claims and/or Defendants' defenses thereto shall be governed by a separate stipulation, which shall include the following deadlines: (A) Defendants shall serve requests for the production of documents, if any, on Plaintiffs by October 5, 2018; (B) Plaintiffs shall respond to Defendants' requests for the production of documents by October 29, 2018; (C) Plaintiffs shall substantially complete their document productions no later than December 31, 2018; and (D) Defendants' cutoff for fact discovery related to Plaintiffs shall be set on April 30, 2019; SO ORDERED. (As further set forth in this Order) (Fact Discovery due by 4/30/2019.) (Signed by Judge P. Kevin Castel on 10/5/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC, 1:16-cv-09566-PKC(ne)
|
|
Filing 483
ORDER: The Court has received the plaintiffs letter-motion of September 13, 2018 and the letter of the D&O defendants dated September 19, 2018. There will be a pretrial conference regarding the parties discovery dispute on October 22, 2018 at 12 p.m. SO ORDERED. (Pretrial Conference set for 10/22/2018 at 12:00 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 10/3/2018) (jca)
|
| Filing 482 PROPOSED STIPULATION AND ORDER. Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. (Hakki, Adam) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. (481 in 1:16-md-02742-PKC, 257 in 1:16-cv-07917-PKC) Proposed Order, was reviewed and approved as to form. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(dt) |
| Filing 481 PROPOSED ORDER. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere. Related Document Number: #478 . (Brody, Sara) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 480 DECLARATION of James H.R. Windels in Support re: (254 in 1:16-cv-07917-PKC) MOTION for Leave to File Under Seal Certain Materials .. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara) |
| Filing 479 MEMORANDUM OF LAW in Support re: (254 in 1:16-cv-07917-PKC) MOTION for Leave to File Under Seal Certain Materials . . Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara) |
| Filing 478 MOTION for Leave to File Under Seal Certain Materials . Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Steven V Tesoriere.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara) |
| Filing 477 NOTICE OF APPEARANCE by Christopher Chad Johnson on behalf of Canyon Capital Advisors LLC, EP Canyon Ltd.. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09172-PKC(Johnson, Christopher) |
| Filing 476 NOTICE OF APPEARANCE by Christopher Chad Johnson on behalf of Canyon - GRF Master Fund II, L.P., Canyon Balanced Master Fund, Ltd, Canyon Capital Advisors LLC, Canyon Capital Arbitrage Master Fund, Ltd., Canyon Value Realization Fund LP, The Canyon Value Realization Master Fund, L.P.. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC(Johnson, Christopher) |
| Filing 475 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 09/25/2018 re: September 24, 2018 Order. Document filed by Municipal Employees' Retirement System of Michigan.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) |
| Filing 474 DECLARATION of Kevin Gold in Opposition re: (193 in 1:16-cv-07917-PKC, 387 in 1:16-md-02742-PKC) MOTION to Certify Class .. Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Hakki, Adam) |
| Filing 473 DECLARATION of Daniel C. Lewis in Opposition re: (193 in 1:16-cv-07917-PKC, 387 in 1:16-md-02742-PKC) MOTION to Certify Class .. Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Hakki, Adam) |
| Filing 472 REPLY MEMORANDUM OF LAW in Opposition re: (193 in 1:16-cv-07917-PKC) MOTION to Certify Class . / Defendants' Sur-Rebuttal in Opposition to Motion for Class Certification of Securities Act Claims. Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Hakki, Adam) |
|
Filing 471
ORDER: granting (470) Letter Motion for Leave to File Document in case 1:16-md-02742-PKC; granting (248) Letter Motion for Leave to File Document in case 1:16-cv-07917-PKC. Leave to file sur-reply is GRANTED. Plaintiffs may file a sur-sur reply and then defendants a sur-sur-sur reply and the plaintiffs a sur-sur-sur-sur reply, the process will continue until October 31 or the clients or lawyers come to their senses and end the madness. SO ORDERED. (Signed by Judge P. Kevin Castel on 9/24/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC (ama)
|
| Filing 470 LETTER MOTION for Leave to File sur-reply addressed to Judge P. Kevin Castel from Adam S. Hakki dated September 21, 2018. Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. (Attachments: #1 Exhibit A - Sur-Reply, #2 Exhibit B - Supplemental Declaration of Daniel C. Lewis (Redacted), #3 Exhibit C - Supplemental Declaration of Kevin Gold (Redacted))Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Hakki, Adam) |
| Filing 469 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated September 19, 2018 re: in response to Plaintiffs September 13, 2018 letter requesting a discovery conference. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara) |
|
Filing 468
ORDER granting #467 Motion for Skylar D. Brooks to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.)
|
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (245 in 1:16-cv-07917-PKC, 467 in 1:16-md-02742-PKC) MOTION for Skylar D. Brooks to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(wb) |
| Filing 467 MOTION for Skylar D. Brooks to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brian Wuebbels.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brooks, Skylar) |
| Filing 466 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #467 Motion) - MOTION for Skylar D. Brooks to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15585997. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by SUNEDISON, INC.. Return Date set for 9/18/2018 at 12:18 PM.(Brooks, Skylar) Modified on 9/19/2018 (db). |
| Filing 465 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 09/13/2018 re: Discovery Dispute. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) |
| LETTERS ROGATORY ISSUED issued on September 7, 2018, and picked up by Bernstein Litowitz Berger & Grossmann LLP and to be served on the judicial authority of Spain. (km) |
|
Filing 464
MEMO ENDORSEMENT on re: (238 in 1:16-cv-07917-PKC, 456 in 1:16-md-02742-PKC) MOTION for the Issuance of International Letter of Request filed by Municipal Employees' Retirement System of Michigan. ENDORSEMENT: SO ORDERED. (Signed by Judge P. Kevin Castel on 9/6/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(mro) Transmission to Orders and Judgments Clerk for processing.
|
|
Filing 463
ORDER GRANTING APPLICATION FOR ISSUANCE OF INTERNATIONAL LETTER OF REQUEST granting (456) Motion for the Issuance of International Letter of Request in case 1:16-md-02742-PKC; granting (238) Motion for the Issuance of International Letter of Request in case 1:16-cv-07917-PKC. IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: The Application is GRANTED. This Court shall sign the Letter of Request attached to the Application as Exhibit A and affix the seal of the United States District Court for the Southern District of New York over said signature in the Letter of Request. The Clerk of the District Court is directed to return the original, signed Letter of Request to counsel for Lead Plaintiff so that said Letter of Request may be issued to the Competent Judicial Authority of Spain. Lead Plaintiff is directed to transmit the original, signed Letter of Request to the Competent Judicial Authority of Spain. The Court shall retain jurisdiction over any and all issues arising from or related to the implementation and interpretation of this Order. (Signed by Judge P. Kevin Castel on 9/6/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC (mro) Transmission to Orders and Judgments Clerk for processing.
|
|
Filing 462
ORDER GRANTING MOTION FOR WITHDRAWAL OF ATTORNEY DAVID W. HALL: Upon consideration of plaintiffs Cobalt KC Partners, LP, Cobalt Offshore Master Fund, LP, Cobalt Partners II, LP, Cobalt Partners, LP, Glenview Capital Master Fund, Ltd., Glenview Capital Opportunity Fund, L.P., Glenview Capital Partners, L.P., Glenview Institutional Partners, L.P., Glenview Offshore Opportunity Master Fund, Ltd., Omega Capital Investors, L.P., Omega Capital Partners, L.P, Omega Equity Investors, L.P., Omega Overseas Partners, Ltd., Oklahoma Firefighters Pension and Retirement System, Kingdon Associates, Kingdon Credit Master Fund, L.P., Kingdon Family Partnership, L.P., M. Kingdon Offshore Master Fund, L.P., VMT II, LLC's Motion for Withdrawal of Attorney David W Hall (the "Motion"), it is hereby ordered that: 1. The Motion is GRANTED. 2. The clerk is ordered to reflect on the docket the termination of attorney David W Hall as counsel of record for plaintiffs. (Signed by Judge P. Kevin Castel on 9/6/2018) Filed In Associated Cases: 1:16-md-02742-PKC et al.(mro)
|
|
Filing 461
ORDER granting (458) Letter Motion for Extension of Time for submission of opposition brief extended to 10/25/2018. (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC (Castel, P.)
|
| Filing 460 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/29/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 459 TRANSCRIPT of Proceedings re: CONFERENCE held on 8/29/2018 before Judge P. Kevin Castel. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/27/2018. Redacted Transcript Deadline set for 10/9/2018. Release of Transcript Restriction set for 12/5/2018.(McGuirk, Kelly) |
| Filing 458 LETTER MOTION for Extension of Time to File Opposition Briefs addressed to Judge P. Kevin Castel from Lawrence D. Levit dated September 6, 2018. Document filed by Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff).Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07981-PKC(Porsch, Cassandra) |
| Filing 457 PROPOSED ORDER. Document filed by Municipal Employees' Retirement System of Michigan. Related Document Number: #456 . (Graziano, Salvatore) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 456 MOTION for the Issuance of International Letter of Request . Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit A, #2 Exhibit B)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. (239 in 1:16-cv-07917-PKC, 457 in 1:16-md-02742-PKC) Proposed Order was reviewed and approved as to form. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(dt) |
| Filing 455 NOTICE OF APPEAL from #415 Clerk's Judgment,,,,,,,,,,, #414 Memorandum & Opinion,,,,,,,. Document filed by ERISA PLAINTIFFS. Filing fee $ 505.00, receipt number 0208-15518715. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Exhibit JUDGMENT, #2 Exhibit OPINION & ORDER)(Harwood, Robert) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #455 Notice of Appeal,. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #455 Notice of Appeal, filed by ERISA PLAINTIFFS, ERISA Plaintiffs were transmitted to the U.S. Court of Appeals. (nd) |
| Filing 454 DECLARATION of Katherine M. Sinderson in Support re: (193 in 1:16-cv-07917-PKC) MOTION to Certify Class .. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) |
| Filing 453 REPLY MEMORANDUM OF LAW in Support re: (193 in 1:16-cv-07917-PKC) MOTION to Certify Class . . Document filed by Municipal Employees' Retirement System of Michigan. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) |
|
Filing 452
MEMO ENDORSEMENT on re: #449 LETTER addressed to Judge P. Kevin Castel from Timothy J. Perla dated August 28, 2018 re: Request to Participate in the Discovery Conference Telephonically. Document filed by Peter Blackmore. ENDORSEMENT: Application granted. So ordered. (Signed by Judge P. Kevin Castel on 8/28/2018) (rjm)
|
| Minute Entry for proceedings held before Judge P. Kevin Castel: Case Management Conference held on 8/29/2018. Discovery conference held. Parties to proceed as directed by the Court. See transcript. (Court Reporter Jennifer Thun) (Nacanther, Florence) |
| Filing 451 NOTICE OF APPEARANCE by William Eugene Freeland on behalf of Steven Tesoriere, Steven V Tesoriere. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Freeland, William) |
|
Filing 450
ORDER granting #447 LETTER MOTION for Leave to File Excess Pages addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 08/27/2018. Document filed by Municipal Employees' Retirement System of Michigan in case 1:16-md-02742-PKC; granting (230) LETTER MOTION for Leave to File Excess Pages addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 08/27/2018. Document filed by Municipal Employees' Retirement System of Michigan in case 1:16-cv-07917-PKC. Application granted. So ordered. (Signed by Judge P. Kevin Castel on 8/28/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC (rjm).
|
| Filing 449 LETTER addressed to Judge P. Kevin Castel from Timothy J. Perla dated August 28, 2018 re: Request to Participate in the Discovery Conference Telephonically. Document filed by Peter Blackmore.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Perla, Timothy) |
|
Filing 448
MEMO ENDORSEMENT on re: (228 in 1:16-cv-07917-PKC) LETTER addressed to Judge P. Kevin Castel from Jerome C. Roth dated August 27, 2018 re: Telephonic Participation in Discovery Conference. Document filed by Brian Wuebbels. ENDORSEMENT: Application granted. Please coordinate with Ms. Bartlett. So ordered. (Signed by Judge P. Kevin Castel on 8/28/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC (rjm)
|
| Filing 447 LETTER MOTION for Leave to File Excess Pages addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 08/27/2018. Document filed by Municipal Employees' Retirement System of Michigan.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) |
| Filing 446 MEMO ENDORSEMENT on re: (444 in 1:16-md-02742-PKC, 226 in 1:16-cv-07917-PKC) Letter. ENDORSEMENT: Mr. Bartlett and Mr. Woodson may participate by Telephone. Mr. Bartlett should arrange a conference line to which Mr. Woodson may call in and then call the Court at 212-805-0131. (Signed by Judge P. Kevin Castel on 8/27/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(jwh) |
| Filing 445 LETTER MOTION for Conference / Leave to Participate in the Discovery Conference Telephonically addressed to Judge P. Kevin Castel from Jennifer L. Woodson dated August 24, 2018. Document filed by SunEdison, Inc..(Woodson, Jennifer) |
| Filing 444 LETTER addressed to Judge P. Kevin Castel from Jaime A. Bartlett dated August 24, 2018 re: / Request For Leave to Participate in Pre-trial Conference Telephonically. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Bartlett, Jaime) |
|
Filing 443
MEMO ENDORSEMENT on re: (224 in 1:16-cv-07917-PKC, 442 in 1:16-md-02742-PKC) Letter Request to Continue Pre-Trial Hearing Date, filed by Emmanuel Hernandez, Steven Tesoriere, Steven V Tesoriere, Antonio R. Alvarez, Ahmad Chatila, Georganne Proctor, Clayton Daley, Jr., Clayton C. Daley, Jr., Antonio Alvarez, James B. Williams, Brian Wuebbels, Randy H. Zwirn. ENDORSEMENT: Application denied. This is a discovery conference and the Court will not require Lead Counsel to be present. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/24/18) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(yv)
|
| Filing 442 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated August 23, 2018 re: Request to Continue Pre-Trial Hearing Date. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara) |
| Filing 441 DECLARATION of Lawrence D. Levit in Support re: (180 in 1:16-cv-07981-PKC) MOTION to Preclude Settlement Termination.. Document filed by Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff). (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-02742-PKC, 1:16-cv-07981-PKC(Porsch, Cassandra) |
| Filing 440 MEMORANDUM OF LAW in Support re: (180 in 1:16-cv-07981-PKC) MOTION to Preclude Settlement Termination. . Document filed by Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff). Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07981-PKC(Porsch, Cassandra) |
| Filing 439 MOTION to Preclude Settlement Termination. Document filed by Pyramid Holdings, Inc..Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07981-PKC(Porsch, Cassandra) |
| Filing 438 DECLARATION of David F. Marcus, Ph.D. in Support re: (177 in 1:16-cv-07981-PKC) MOTION Concerning the Settlement Termination Option .. Document filed by Terraform Global, Inc.. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC, 1:16-cv-07981-PKC(Bongiorno, Michael) |
| Filing 437 MEMORANDUM OF LAW in Support re: (177 in 1:16-cv-07981-PKC) MOTION Concerning the Settlement Termination Option . . Document filed by Terraform Global, Inc.. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC, 1:16-cv-07981-PKC(Bongiorno, Michael) |
| Filing 436 MOTION Concerning the Settlement Termination Option . Document filed by Terraform Global, Inc..Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC, 1:16-cv-07981-PKC(Bongiorno, Michael) |
|
Filing 435
ORDER: I have the plaintiffs' letter of August 7, 2018, the letter of third- party SunEdison Inc. dated August 10, 2018 and the letter of the D&O Defendants dated August 13, 2018. (Docket# 424, 427, 430.) There will be a pretrial conference in this case on August 29, 2018 at 12 p.m. (Pretrial Conference set for 8/29/2018 at 12:00 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 8/22/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(anc)
|
|
Filing 434
STIPULATION AND ORDER TO INCREASE THE MAXIMUM NUMBER OF DEPOSITIONS ALLOWED. THEREFORE IT IS HEREBY STIPULATED AND AGREED, by and among counsel for the parties hereto, that each side may take a maximum of twenty depositions, and that plaintiffs shall not take depositions of more than three representatives of any one Underwriter Defendant absent good cause shown. So Ordered. (Signed by Judge P. Kevin Castel on 8/22/18) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(yv)
|
| Filing 433 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 08/07/2018 re: Discovery Dispute. Document filed by Municipal Employees Retirement System of Michigan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Salvatore Jo Graziano to RE-FILE Document (217 in 1:16-cv-07917-PKC, 424 in 1:16-md-02742-PKC) LETTER MOTION to Compel Defendants and Third Party SunEdison, Inc. to Produce Documents addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 08/07/2018. Use the event type Letter found under the event list Other Documents. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(db) |
|
Filing 432
ORDER GRANTING MOTION FOR WITHDRAWAL OF COUNSEL OF RECORD: IT IS HEREBY ORDERED that Timothy J. Straub shall be withdrawn as counsel of record for Plaintiff Robert Linton in this and each of the above-referenced matters. Attorney Timothy Jon Straub terminated. (Signed by Judge P. Kevin Castel on 8/15/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-08165-PKC(kgo)
|
| Filing 431 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Robert Linton. (Straub, Timothy) |
| Filing 430 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated August 13, 2018 re: in Response to Plaintiffs August 7, 2018 Letter Requesting a Discovery Conference. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere. (Attachments: #1 Exhibit A- SunEdison, Inc. Form 8-K, March 31, 2016, #2 Exhibit B- Email from Jaime Bartlett to Salvatore Graziano, et al., August 12, 2018)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara) |
| Filing 429 PROPOSED STIPULATION AND ORDER. Document filed by Municipal Employees' Retirement System of Michigan. (Graziano, Salvatore) |
| Filing 428 NOTICE OF APPEARANCE by Jennifer Lee Woodson on behalf of SunEdison, Inc.. (Woodson, Jennifer) |
| Filing 427 LETTER addressed to Judge P. Kevin Castel from Jennifer L. Woodson dated August 10, 2018 re: Response to Plaintiffs' letter filed August 7, 2018 [ECF No. 424]. Document filed by SunEdison, Inc.. (Attachments: #1 Exhibit A)(Woodson, Jennifer) |
| Filing 426 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by SunEdison, Inc..(Woodson, Jennifer) |
|
Filing 425
STIPULATION AND ORDER GOVERNING CLASS CERTIFICATION BRIEFING AND DOCUMENT PRODUCTION SCHEDULE: THE PARTIES HEREBY STIPULATE AND AGREE as follows: (1) The following schedule of interim deadlines shall govern discovery in the above-captioned action. (2) Defendants shall file any brief in opposition to class certification no later than August 6, 2018. (As further set forth herein.) ( Deposition due by 11/16/2018., Expert Discovery due by 1/11/2019., Fact Discovery due by 11/21/2018., Responses due by 8/6/2018) (Signed by Judge P. Kevin Castel on 8/8/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(kgo)
|
| Filing 424 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION to Compel Defendants and Third Party SunEdison, Inc. to Produce Documents addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 08/07/2018. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) Modified on 8/21/2018 (db). |
| Filing 423 DECLARATION of Kevin Gold in Opposition re: #387 MOTION to Certify Class .. Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hakki, Adam) |
| Filing 422 DECLARATION of Daniel C. Lewis in Opposition re: #387 MOTION to Certify Class .. Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33)(Hakki, Adam) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #420 Proposed Order, was reviewed and approved as to form. (ad) |
| Filing 421 MEMORANDUM OF LAW in Opposition re: #387 MOTION to Certify Class . . Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. (Hakki, Adam) |
| Filing 420 PROPOSED ORDER. Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. Related Document Number: #418 . (Lewis, Daniel) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 419 MEMORANDUM OF LAW in Support re: #418 MOTION to Seal . . Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. (Lewis, Daniel) |
| Filing 418 MOTION to Seal . Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC.(Lewis, Daniel) |
| Filing 417 DECLARATION of Robin Wechkin in Opposition re: (193 in 1:16-cv-07917-PKC, 387 in 1:16-md-02742-PKC) MOTION to Certify Class .. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere. (Attachments: #1 Exhibit A- Expert Report of Professor Steven Grenadier, #2 Exhibit B- Excerpts from the deposition of Dr. Steven Feinstein, #3 Exhibit C- Exhibit 39 to the deposition of Dr. Steven Feinstein, #4 Exhibit D- MERS trading data)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara) |
| Filing 416 MEMORANDUM OF LAW in Opposition re: (387 in 1:16-md-02742-PKC, 193 in 1:16-cv-07917-PKC) MOTION to Certify Class . . Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara) |
| Filing 415 CLERK'S JUDGMENT re: #414 Memorandum & Opinion in favor of BTG Pactual US Capital LLC, Barclays Capital Inc., Board of Directors of SunEdison, Inc., Citigroup Global Markets Inc., Credit Agricole CIB, Credit Suisse, Deutsche Bank Securities Inc., Does 1 - 30, ERISA Defendants, Goldman, Sachs & Co., ITAU BBA USA Securities, Inc., J.P. Morgan Securities LLC, KPMG LLP, Kotak Mahindra, Inc., MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC, SG Americas Securities, LLC, SMBC Nikko Securities America, Inc., SUNEDISON, INC., Santander, Societe Generale, State Street Bank & Trust Co., SunEdison, Inc. Investment Committee, TerraForm Global, LLC, TerraForm Power, Inc., Terraform Global, Inc., Ahmad Chatila, Alejandro Hernandez, Antonio R. Alvarez, Brian Wuebbels, Carlos Domenech Zornoza, Clayton Daley, Jr., Emmanuel Hernandez, Francisco Perez Gundin, Georganne Proctor, James Welsh, James B. Williams, Jeremy Avenier, Martin Truong, Matthew Herzberg, Matthew Martin, Peter Blackmore, Phelps Morris, Randy H. Zwirn, Steven Tesoriere against Canyon - GRF Master Fund II, L.P., Canyon Balanced Master Fund, Ltd, Canyon Capital Advisors LLC, Canyon Capital Arbitrage Master Fund, Ltd., Canyon Value Realization Fund LP, Cobalt KC Partners, LP, Cobalt Offshore Master Fund, LP, Cobalt Partners II, LP, Cobalt Partners, LP., EP Canyon Ltd., Glenview Capital Master Fund, Ltd., Glenview Capital Opportunity Fund, L.P., Glenview Capital Partners, L.P., Glenview Institutional Partners, L.P., Glenview Offshore Opportunity Master Fund, Ltd., Iron Workers Mid-South Pension Fund, Kearny Investors S.A.R.L., Kingdon Associates, Kingdon Credit Master Fund, L.P., Kingdon Family Partnership, L.P., M. Kingdon Offshore Master Fund, L.P., Municipal Employees' Retirement System of Michigan, Oklahoma Firefighters Pension and Retirement System, Omega Capital Investors, L.P., Omega Capital Partners, L.P., Omega Equity Investors, L.P., Omega Overseas Partners, Ltd., Permal Canyon IO Ltd., Powell Investors II Limited Partnership, Powell Investors L.P., Pyramid Holdings, Inc., The Canyon Value Realization Master Fund, L.P., The Zecher Family Group, VMT II, LLC, Alexander Y Usenko, Anton S. Badri, Carlos Domenech Zornoza, Charles Bloom, Dina Horowitz, Eric O'Day, Francisco Gundin Perez, Fraser Simon, Gaurab Samanta, John Chamblee, Juan M. Rodriguez Beltran, Julie Dull, Kenneth J. Moodie, Lee Medina, Manuel Acosta, Mitesh Patel, Paul J. Gaynor, Richard Wheeler, Robert Kunz, Robert Linton, Sharon Burnstein. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasonsstated in the Court's Opinion and Order dated August 6, 2018, Defendants' motion to dismiss isGRANTED. (Signed by Clerk of Court Ruby Krajick on 8/6/2018) (Attachments: #1 Right to Appeal)(km) |
|
Filing 414
OPINION AND ORDER re: (248 in 1:16-md-02742-PKC) JOINT MOTION to Dismiss the Second Amended Consolidated Complaint [Dkt. No. 235]. filed by Phelps Morris, SunEdison, Inc. Investment Committee, Emmanuel Hernandez, Steven Tesoriere, Antonio R. Alvarez, Ahmad Chatila, Georganne Proctor, Clayton Daley, Jr., Matthew Herzberg, Matthew Martin, James B. Williams, James Welsh, Brian Wuebbels, Randy H. Zwirn, (27 in 1:16-mc-02744-PKC) JOINT MOTION to Dismiss the Amended Consolidated Complaint. filed by Phelps Morris, Clayton Daley, Steven Tesoriere, Antonio R. Alvarez, Ahmad Chatila, Georganne Proctor, James Williams, SunEdison, Inc. ERISA Defendants, Matthew Herzberg, Randy Zwirn, Emmanuel T. Hernandez, Matthew Martin, Brian Wuebbels, the Investment Committee, James Welsh, (33 in 1:16-mc-02744-PKC) JOINT MOTION to Dismiss the Second Amended Consolidated Complaint [Dkt. No. 30]. filed by Phelps Morris, Clayton Daley, Steven Tesoriere, Antonio R. Alvarez, Ahmad Chatila, Georganne Proctor, James Williams, SunEdison, Inc. ERISA Defendants, Matthew Herzberg, Randy Zwirn, Emmanuel T. Hernandez, Matthew Martin, Brian Wuebbels, the Investment Committee, James Welsh, (228 in 1:16-md-02742-PKC) JOINT MOTION to Dismiss the Amended Consolidated Complaint. filed by Phelps Morris, SunEdison, Inc. Investment Committee, Emmanuel Hernandez, Steven Tesoriere, Antonio R. Alvarez, Ahmad Chatila, Georganne Proctor, Clayton Daley, Jr., Matthew Herzberg, James B. Williams, Matthew Martin, Brian Wuebbels, James Welsh, Randy H. Zwirn. Defendants' motion to dismiss is GRANTED. The Clerk is directed to terminate the motion, as well as the previous motion to dismiss that was filed prior to the Complaint's most recent amendment. (16-md-2742, Docket # 228, 248; 16-mc-2744, Docket # 27, 33.) (Signed by Judge P. Kevin Castel on 8/6/2018) (kgo)
|
| Transmission to Judgments and Orders Clerk. Transmitted re: #414 Memorandum & Opinion,,,,,,,, to the Judgments and Orders Clerk. (kgo) |
|
Filing 413
ORDER GRANTING UNOPPOSED MOTION FOR DISTRIBUTION OF CLASS-ACTION SETTLEMENT FUNDS granting (410) Motion for Disbursement of Funds in case 1:16-md-02742-PKC; granting (96) Motion for Disbursement of Funds in case 1:16-cv-07962-PKC. Plaintiffs' Unopposed Motion for Distribution of Class-Action Settlement Funds is GRANTED. If any funds shall remain in the Net Settlement Fund six months after such re-distribution, then such balance shall be contributed to a non-sectarian charity on application to the Court. (As further set forth herein.) (Signed by Judge P. Kevin Castel on 8/2/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07962-PKC (kgo)
|
| Filing 412 DECLARATION of Josephine Bravata in Support re: (96 in 1:16-cv-07962-PKC, 410 in 1:16-md-02742-PKC) MOTION for Disbursement of Funds - Notice of Unopposed Motion for Distribution of Class-Action Settlement Funds.. Document filed by Don Harris, Kyle Tervort. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07962-PKC(Lieberman, Jeremy) |
| Filing 411 MEMORANDUM OF LAW in Support re: (96 in 1:16-cv-07962-PKC, 410 in 1:16-md-02742-PKC) MOTION for Disbursement of Funds - Notice of Unopposed Motion for Distribution of Class-Action Settlement Funds. . Document filed by Don Harris, Kyle Tervort. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07962-PKC(Lieberman, Jeremy) |
| Filing 410 MOTION for Disbursement of Funds - Notice of Unopposed Motion for Distribution of Class-Action Settlement Funds. Document filed by Don Harris, Kyle Tervort. (Attachments: #1 [Proposed] Order)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07962-PKC(Lieberman, Jeremy) |
| Filing 409 DECLARATION of Salvatore J. Graziano (Corrected) in Support re: (193 in 1:16-cv-07917-PKC) MOTION to Certify Class .. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit A, #2 Exhibit B)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) |
| Filing 408 LETTER addressed to Judge P. Kevin Castel from Robert I. Harwood dated 07/19/2018 re: Defendants' Letter to Judge Providing Kopp v. Klein Decision (5th Cir.). Document filed by Manuel Acosta, Anton S. Badri, Juan M. Rodriguez Beltran, Charles Bloom, Canyon - GRF Master Fund II, L.P., Canyon Balanced Master Fund, Ltd, Canyon Capital Advisors LLC, Canyon Capital Arbitrage Master Fund, Ltd., Canyon Value Realization Fund LP, John Chamblee, Darcy Church, Cobalt KC Partners, LP, Cobalt Offshore Master Fund, LP, Cobalt Partners II, LP, Cobalt Partners, LP., Julie Dull, EP Canyon Ltd., ERISA PLAINTIFFS, Paul J. Gaynor, Glenview Capital Master Fund, Ltd., Glenview Capital Opportunity Fund, L.P., Glenview Capital Partners, L.P., Glenview Institutional Partners, L.P., Glenview Offshore Opportunity Master Fund, Ltd., Francisco Gundin Perez, Dina Horowitz, Iron Workers Mid-South Pension Fund, Kearny Investors S.A.R.L., Kingdon Associates, Kingdon Credit Master Fund, L.P., Kingdon Family Partnership, L.P., Robert Kunz(Individually and on Behalf of All Others Similarly Situated ), Robert Linton, M. Kingdon Offshore Master Fund, L.P., Lee Medina, Kenneth J. Moodie(on behalf of himself and all others similarly situated), Municipal Employees' Retirement System of Michigan, Eric O'Day, Oklahoma Firefighters Pension and Retirement System, Omega Capital Investors, L.P., Omega Capital Partners, L.P., Omega Equity Investors, L.P., Omega Overseas Partners, Ltd., Mitesh Patel, Permal Canyon IO Ltd., Powell Investors II Limited Partnership, Powell Investors L.P., Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff), Gaurab Samanta, Fraser Simon, Kyle Tervort, The Canyon Value Realization Master Fund, L.P., The Zecher Family Group, Alexander Y Usenko, VMT II, LLC, Richard Wheeler(on behalf of Himself and derivatively on behalf of the SunEdison Retirement Savings Plan), Carlos Domenech Zornoza.(Harwood, Robert) |
| Filing 407 LETTER addressed to Judge P. Kevin Castel from Mark B. Blocker dated July 18, 2018 re: Notice of Supplemental Authority. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Matthew Herzberg, Matthew Martin, Phelps Morris, Georganne Proctor, SunEdison, Inc. Investment Committee, Steven Tesoriere, James Welsh, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Ahmad R Chatila, Clayton C. Daley, Jr, Emmanuel T Hernandez, Georganne C. Proctor, Steven V Tesoriere. (Attachments: #1 Exhibit A - Kopp Opinion)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07950-PKC(Blocker, Mark) |
|
Filing 406
MEMO ENDORSEMENT on re: (191 in 1:16-cv-07917-PKC, 385 in 1:16-md-02742-PKC) Letter, filed by Municipal Employees Retirement System of Michigan. ENDORSEMENT: The date of the filing of the Amended Complaint, filed July 22, 2016, shall control. SO ORDERED. (Signed by Judge P. Kevin Castel on 7/13/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(anc)
|
|
Filing 405
ORDER granting (397) Motion for Nicole M. Ryan to Appear Pro Hac Vice in case 1:16-md-02742-PKC (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC (Castel, P.)
|
|
Filing 404
ORDER granting (396) Motion for Matthew P. Henry to Appear Pro Hac Vice in case 1:16-md-02742-PKC (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC (Castel, P.)
|
| Filing 403 NOTICE OF APPEARANCE by Lee Gordon Dunst on behalf of Ahmad Chatila. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Dunst, Lee) |
| Filing 402 NOTICE OF APPEARANCE by Joel M. Cohen on behalf of Ahmad Chatila. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Cohen, Joel) |
| Filing 401 NOTICE OF APPEARANCE by Darcy Caitlyn Harris on behalf of Ahmad Chatila. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Harris, Darcy) |
| Filing 400 NOTICE OF APPEARANCE by Sheila Ruby Adams on behalf of Antonio R. Alvarez, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, James B. Williams, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Adams, Sheila) |
| Filing 399 NOTICE OF APPEARANCE by James H.R. Windels on behalf of Antonio R. Alvarez, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, James B. Williams, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Windels, James) |
| Filing 398 NOTICE OF APPEARANCE by Richard A. Rosen on behalf of Steven Tesoriere, Steven V Tesoriere. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Rosen, Richard) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (200 in 1:16-cv-07917-PKC) MOTION for Nicole M. Ryan to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(jc) |
| Filing 397 MOTION for Nicole M. Ryan to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere. (Attachments: #1 Declaration in support, #2 Certificate of Good Standing, #3 Text of Proposed Order)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Ryan, Nicole) |
| Filing 396 MOTION for Matthew P. Henry to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15308823. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere. (Attachments: #1 Declaration in Support, #2 Certificate of Good Standing, #3 Text of Proposed Order)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Henry, Matthew) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (199 in 1:16-cv-07917-PKC) MOTION for Matthew P. Henry to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15308823. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(jc) |
| Filing 395 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 07/09/2018 re: June 12, 2018 Order. Document filed by Municipal Employees' Retirement System of Michigan.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #394 MOTION for Nicole M. Ryan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15288750. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California (our court does not accept state bar certificates). Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit/Declaration - attach Proposed Order. (jc) |
| Filing 394 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Nicole M. Ryan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15288750. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere. (Attachments: #1 Declaration in support, #2 Certificate of Good Standing, #3 Text of Proposed Order)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Ryan, Nicole) Modified on 7/6/2018 (jc). |
|
Filing 393
STIPULATION AND ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge P. Kevin Castel on 7/3/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(kgo)
|
|
Filing 392
MEMO ENDORSEMENT: on re: (228 in 1:16-cv-07967-PKC, 391 in 1:16-md-02742-PKC) Letter, filed by Pyramid Holdings, Inc. ENDORSEMENT: Schedule or reports and briefing approved. SO ORDERED., ( Motions due by 8/22/2018., Responses due by 9/25/2018) (Signed by Judge P. Kevin Castel on 6/29/2018) (ama)
|
| Filing 391 LETTER addressed to Judge P. Kevin Castel from Lawrence D. Levit dated June 28, 2018 re: Proposed Schedule to Determine Settlement Termination Rights. Document filed by Pyramid Holdings, Inc..Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC(Porsch, Cassandra) |
| Filing 390 THE COURT OVERLOOKED MANY CONTROLLING DECISIONS MOTION FOR RECONSIDERATION FOR IN FORMA PAUPERIS STATUS THE WORK NECESSARY TO APPEAL THIS MISTAKE IS ARDUOUS WALL STREET CROOKS ARE PROTECTED BY THE COURTS AND F.B.I. (sc) |
| Filing 389 DECLARATION of Salvatore J. Graziano in Support re: (193 in 1:16-cv-07917-PKC) MOTION to Certify Class .. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit A, #2 Exhibit B)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) |
| Filing 388 MEMORANDUM OF LAW in Support re: (193 in 1:16-cv-07917-PKC) MOTION to Certify Class . . Document filed by Municipal Employees' Retirement System of Michigan. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) |
| Filing 387 MOTION to Certify Class . Document filed by Municipal Employees' Retirement System of Michigan.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) |
|
Filing 386
STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge P. Kevin Castel on 6/13/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(mro)
|
| Filing 385 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 06/13/2018 re: June 12, 2018 Order. Document filed by Municipal Employees Retirement System of Michigan.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) |
|
Filing 384
ORDER: If by June 15, 2018, the parties have not fully and finally agreed upon a proposed confidentiality order, the Court will require to be filed by June 19, 2018 a joint chronology of the negotiation of the proposed confidentiality order, including the length of any telephonic or face to face meetings and the identity of all participants. With the chronology, the parties should explain the "strong views" that the parties "had to work through carefully." Do the parties seriously expect the Court to be thrilled with the news that they "appear to be close to agreement" on a simple confidentiality order? Is this the legacy you want to leave of your career as a distinguished federal court practitioner? The date for document production should extend through the date of filing the complaint. Documents concerning governmental investigations into any misconduct overlapping the pending claims in this action should be produced. Lead counsel for the parties shall meet face to face for no less than one hour between today and June 15, 2018 at 5 p.m. to resolve any further issues. (Signed by Judge P. Kevin Castel on 6/12/2018) (kgo)
|
| Filing 383 DECLARATION of Stephanie Russell re: (382 in 1:16-md-02742-PKC) Letter,, . Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara) |
| Filing 382 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated June 8, 2018 re: Response to Plaintiffs' Letter Request for Discovery Conference. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere. (Attachments: #1 Exhibit A - August 25, 2015 UBS Analyst Report, #2 Exhibit B - November 10, 2015 SunEdison Press Release)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara) |
| Filing 381 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated June 8, 2018 re: Response to Plaintiffs' Letter Request for Discovery Conference. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara) |
|
Filing 380
ORDER: Leave to move for judgment on the pleadings under Rule 12(c) is denied. (Signed by Judge P. Kevin Castel on 6/5/2018) (kgo)
|
| Filing 379 LETTER MOTION to Compel Defendants to Produce Documents addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 06/04/2018. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) |
| Filing 378 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 06/04/2018 re: Response to Defendant Chatila's May 29, 2018 Pre-Motion Letter. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit 1, #2 Exhibit 2)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) |
|
Filing 377
STIPULATION AND ORDER GOVERNING DISCOVERY SCHEDULE: THE PARTIES HEREBY STIPULATE AND AGREE as follows:The following schedule of interim deadlines shall govern discovery in the above-captionedaction, in addition to the deadlines previously set by the Court: Fact Depositions Complete by 9/28/18. Expert Discovery Cutoff is November 16, 2018. Motions for Class Certification due by June 13, 2018. Opposition due 8/1/2018 and replies due 8/31/18. (As further set forth herein.) ( Deposition due by 9/28/2018., Expert Discovery due by 11/16/2018., Motions due by 6/13/2018., Responses due by 8/1/2018, Replies due by 8/31/2018.) (Signed by Judge P. Kevin Castel on 6/1/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(kgo)
|
| Filing 376 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated May 29, 2018 re: Pre-Motion Letter for Horowitz et al. v. SunEdison et al. Document filed by Ahmad Chatila. (Attachments: #1 Exhibit A - September 2, 2015 Bloomberg Article)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara) |
|
Filing 375
MEMO ENDORSEMENT on re: (94 in 1:16-cv-09171-PKC) Notice (Other), filed by Canyon Balanced Master Fund, Ltd et al; (307 in 1:16-md-02742-PKC) Notice (Other), filed by Permal Canyon IO Ltd. et al; (83 in 1:16-cv-09172-PKC) Notice (Other) filed by Permal Canyon IO Ltd., Canyon Capital Advisors LLC; (39 in 1:16-cv-09566-PKC) Notice (Other) filed by Kearny Investors S.A.R.L. et al. ENDORSEMENT: Application granted. IT IS SO ORDERED. (Attorney Jordan Ari Goldstein terminated.) (Signed by Judge P. Kevin Castel on 5/24/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC, 1:16-cv-09566-PKC(anc)
|
| Filing 374 ANSWER to #165 Amended Complaint,,. Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC.(Hakki, Adam) |
| Filing 373 ANSWER to #165 Amended Complaint,, with JURY DEMAND. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn.(Brody, Sara) |
| Filing 372 ANSWER to #165 Amended Complaint,, with JURY DEMAND. Document filed by Ahmad Chatila.(Brody, Sara) |
| Filing 371 LETTER addressed to Judge P. Kevin Castel from Andrew J. Rossman, Jonathan E. Pickhardt and Frank J. Broccolo dated May 14, 2018 re: Response to Defendants' Pre-Motion to Dismiss Letter. Document filed by Canyon - GRF Master Fund II, L.P., Canyon Balanced Master Fund, Ltd, Canyon Capital Advisors LLC, Canyon Capital Arbitrage Master Fund, Ltd., Canyon Value Realization Fund LP, EP Canyon Ltd., Kearny Investors S.A.R.L., Powell Investors II Limited Partnership, Powell Investors L.P., The Canyon Value Realization Master Fund, L.P..(Rossman, Andrew) |
| Filing 370 LETTER addressed to Judge P. Kevin Castel from Andrew J. Rossman, Jonathan E. Pickhardt and Frank J. Brocollo dated May 14, 2018 re: Response to Defendants' Pre-Motion to Dismiss Letter. Document filed by Canyon - GRF Master Fund II, L.P., Canyon Balanced Master Fund, Ltd, Canyon Capital Advisors LLC, Canyon Capital Arbitrage Master Fund, Ltd., Canyon Value Realization Fund LP, Kearny Investors S.A.R.L., Powell Investors II Limited Partnership, Powell Investors L.P., The Canyon Value Realization Master Fund, L.P., EP Canyon Ltd..(Rossman, Andrew) |
| Filing 369 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 4/27/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 368 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/27/2018 before Judge P. Kevin Castel. Court Reporter/Transcriber: Anita Trombetta, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/4/2018. Redacted Transcript Deadline set for 6/14/2018. Release of Transcript Restriction set for 8/13/2018.(McGuirk, Kelly) |
| Filing 367 LETTER addressed to Judge P. Kevin Castel from Dennis J. Herman dated May 14, 2018 re: Response to Pre-Motion Letters. Document filed by Glenview Capital Master Fund, Ltd., Glenview Capital Opportunity Fund, L.P., Glenview Capital Partners, L.P., Glenview Institutional Partners, L.P., Glenview Offshore Opportunity Master Fund, Ltd., Cobalt KC Partners, LP, Cobalt Offshore Master Fund, LP, Cobalt Partners II, LP, Cobalt Partners, LP., Omega Capital Investors, L.P., Omega Capital Partners, L.P., Omega Equity Investors, L.P., Omega Overseas Partners, Ltd., Omega Capital Investors, L.P., VMT II, LLC.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07428-PKC, 1:16-cv-08006-PKC, 1:16-cv-08032-PKC, 1:16-cv-08204-PKC(Herman, Dennis) |
|
Filing 366
ORDER in case 1:16-cv-07428-PKC; granting (365) Letter Motion for Leave to File Document in case 1:16-md-02742-PKC. Application granted for leave to file a further amended Consolidated Amended Complaint within seven (7) days. (Signed by Judge P. Kevin Castel on 5/14/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07428-PKC, 1:16-cv-08006-PKC, 1:16-cv-08032-PKC, 1:16-cv-08204-PKC (kgo)
|
| Filing 365 LETTER MOTION for Leave to File Corrected Consolidated and Amended Complaint addressed to Judge P. Kevin Castel from Dennis J. Herman dated May 11, 2018. Document filed by Cobalt KC Partners, LP, Cobalt Offshore Master Fund, LP, Cobalt Partners II, LP, Cobalt Partners, LP., Glenview Capital Master Fund, Ltd., Glenview Capital Opportunity Fund, L.P., Glenview Capital Partners, L.P., Glenview Institutional Partners, L.P., Glenview Offshore Opportunity Master Fund, Ltd., Omega Capital Investors, L.P., Omega Capital Partners, L.P., Omega Equity Investors, L.P., Omega Overseas Partners, Ltd., VMT II, LLC.(Herman, Dennis) |
| Filing 364 NOTICE OF CHANGE OF ADDRESS by Daniella Quitt on behalf of ERISA PLAINTIFFS. New Address: Glancy Prongay & Murray LLP, 712 Fifth Avenue, 31st Floor, New York, NY, United States 10019, 2129357400. Filed In Associated Cases: 1:16-md-02742-PKC et al.(Quitt, Daniella) |
| Filing 363 NOTICE OF CHANGE OF ADDRESS by Robert I. Harwood on behalf of ERISA Plaintiffs. New Address: Glancy Prongay & Murray LLP, 712 Fifth Avenue, 31st Floor, New York, NY, United States 10019, 2129357400. Filed In Associated Cases: 1:16-md-02742-PKC et al.(Harwood, Robert) |
| Filing 362 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated May 4, 2018 re: Pre-Motion Letter Regarding Motion to Dismiss. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, Martin Truong, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Clayton Daley, Jr.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC, 1:16-cv-09566-PKC(Brody, Sara) |
| Filing 361 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated May 4, 2018 re: Pre-Motion Letter Regarding Motion to Dismiss. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, Martin Truong, James B. Williams, Brian Wuebbels, Randy Zwirn, Clayton Daley, Jr, Emmanuel T Hernandez, Steven Tseoriere, Randy H. Zwirn.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07428-PKC, 1:16-cv-08006-PKC, 1:16-cv-08032-PKC, 1:16-cv-08204-PKC(Brody, Sara) |
| Filing 360 LETTER addressed to Judge P. Kevin Castel from Adam S. Hakki dated May 4, 2018 re: Underwriter Defendants' Pre-Motion Letter for Proposed Motions to Dismiss the Amended Complaints. Document filed by Deutsche Bank Securities Inc., Goldman Sachs & Co., J.P. Morgan Securities LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC, Deutsche Bank Securities Inc., Macquarie Capital (USA) Inc., Merrill Lynch Pierce Fenner & Smith Incorporated, Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, Morgan Stanley & Co. LLC.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC, 1:16-cv-09566-PKC(Hakki, Adam) |
| Filing 359 MEMO ENDORSEMENT on re: (358 in 1:16-md-02742-PKC) Letter filed by State Street Bank & Trust Co. ENDORSEMENT: Application granted. Attorney Andrew O. Bunn and James V. Noblett terminated. (Signed by Judge P. Kevin Castel on 5/3/2018) (cf) |
| Filing 358 LETTER addressed to Judge P. Kevin Castel from Andrew O. Bunn dated May 3, 2018 re: request for removal from the Court's ECF Notices re: State Street Bank & Trust Co. Document filed by State Street Bank & Trust Co..(Bunn, Andrew) |
| Filing 357 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/17/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 356 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/17/2018 before Judge P. Kevin Castel. Court Reporter/Transcriber: Martha Martin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/22/2018. Redacted Transcript Deadline set for 6/1/2018. Release of Transcript Restriction set for 7/30/2018.(McGuirk, Kelly) |
|
Filing 355
MEMORANDUM AND ORDER: For the foregoing reasons, the Court finds that the opt-out submissions of Balyasny and Luxor complied with the Court-approved Notice to the Class. Balyasny and Luxor are excluded from the proposed settlement class in the above-captioned action. (As further set forth in this Order.) (Signed by Judge P. Kevin Castel on 5/1/2018) (cf)
|
| Filing 354 NOTICE OF CHANGE OF ADDRESS by Cassandra Lynn Porsch on behalf of Pyramid Holdings, Inc.. New Address: Abraham Fruchter & Twersky LLP, One Penn Plaza, Suite 2805, New York, NY, USA 10119, 212-279-5050. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07981-PKC(Porsch, Cassandra) |
| Minute Entry for proceedings held before Judge P. Kevin Castel: Show Cause Hearing held on 4/27/2018. For Plaintiffs: Jack Gerald Fruchter, Mitchell M.Z. Twersky, Lawrence Donald Levit, Cassandra Lynn Porsch. For Respondent: Thomas E. Redburn and Richard A. Bodnar. For Defendants: Timothy J. Perla, Michael G. Bongiorno, Robin Eve Wechkin, Daniel Craig Lewis, and Adam S. Hakki. Court Ruling: Opt-out notices for Balyasney and Luxor Funds are timely and valid. (Court Reporter Anita Trombetta) (Nacanther, Florence) |
|
Filing 353
MEMO ENDORSEMENT on re: (221 in 1:16-cv-07967-PKC, 352 in 1:16-md-02742-PKC) Letter, filed by Pyramid Holdings, Inc. ENDORSEMENT: The first order of business will be to address the validity of the exclusions and whether the option to terminate is triggered. It may or may not come to pass that the process may require a continuance of the fairness hearing. These are matters that will be addressed on April 27 at 2:30. (Signed by Judge P. Kevin Castel on 4/24/2018) (cf)
|
| Filing 352 LETTER addressed to Judge P. Kevin Castel from Lawrence D. Levit dated 4/23/2018 re: Opposition to Global's Letter. Document filed by Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff).Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC(Levit, Lawrence) |
| Filing 351 LETTER MOTION to Continue the Settlement Fairness Hearing addressed to Judge P. Kevin Castel from Michael Bongiorno dated April 23, 2018. Document filed by Terraform Global, Inc..Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC(Bongiorno, Michael) |
| Filing 350 CERTIFICATE OF SERVICE of Order to Show Cause and Supporting Documents served on Balyasny Funds, Luxor Funds, Bassam Bahhour, All Counsel on 4/19/18. Service was made by MAIL. Document filed by Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff). Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC(Porsch, Cassandra) |
|
Filing 349
ORDER granting (340) Letter Motion for Leave to File Document in case 1:16-md-02742-PKC. Application granted. (Signed by Judge P. Kevin Castel on 4/20/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC (kgo)
|
|
Filing 348
ENDORSED LETTER addressed to Judge P. Kevin Castel from Jonathan E Pickhardt dated 4/19/2018 re: Leave to File Document. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 4/20/2018) (rj)
|
| Filing 347 ENDORSED LETTER addressed to Judge P. Kevin Castel from Andrew J. Rossman dated 4/19/2018 re: Request for leave to refile the amended complaint. ENDORSEMENT: Application granted. (Signed by Judge P. Kevin Castel on 4/20/2018) (kgo) |
| Filing 346 REDACTION to (215 in 1:16-cv-07967-PKC) Order to Show Cause,,,,, Declaration of Stephanie Amin-Giwner In Support by Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff) (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC(Porsch, Cassandra) |
| Filing 345 BRIEF re: (215 in 1:16-cv-07967-PKC) Order to Show Cause,,,,, Declaration of Lawrence D. Levit In Support. Document filed by Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff).Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC(Porsch, Cassandra) |
| Filing 344 BRIEF re: (215 in 1:16-cv-07967-PKC) Order to Show Cause,,,,, Memorandum of Law In Support. Document filed by Pyramid Holdings, Inc..Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC(Porsch, Cassandra) |
|
Filing 343
ORDER TO SHOW CAUSE: ORDERED, that Atlas Master Fund, Ltd., Atlas Enhanced Master Fund, Ltd., Atlas Fundamental Trading Master Fund, Ltd., and Atlas Quantitative Trading Fund, Ltd. (collectively, the "Balyasny Funds"), Luxor Capital Partners, LP, Luxor Capital Partners Offshore Master Fund, LP, Luxor Wavefront, LP, and Thebes Offshore Master Fund, LP (collectively, the "Luxor Funds") and Bassarn Bahhour show cause before the Honorable P. Kevin Castel, United States District Court Judge, at Courtroom 11D, United States Courthouse, 500 Pearl Street, New York, New York, On April 27, 2018 at 2 o'clock in the afternoon thereof, or as soon thereafter as counsel may be heard, why an order should not be issued declaring the opt-out requests submitted by the Balyasny Funds, the Luxor Funds and Bassarn Bahhour in the above-referenced action to be invalid; as further set forth in this Order. opposition papers, if any, shall be served by e-mail and filed on or before April 26, 2018 at 5 pm. Show Cause Hearing set for 4/27/2018 at 02:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. Show Cause Response due by 4/26/2018. (Signed by Judge P. Kevin Castel on 4/19/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC(cf)
|
| Filing 342 MEMO ENDORSEMENT on re: (341 in 1:16-md-02742-PKC, 175 in 1:16-cv-07917-PKC) Letter, filed by Emmanuel Hernandez, Steven Tesoriere, Steven V Tesoriere, Antonio R. Alvarez, Ahmad Chatila, Georganne Proctor, Clayton Daley, Jr., Clayton C. Daley, Jr., Antonio Alvarez, James B. Williams, Brian Wuebbels, Randy H. Zwirn. ENDORSEMENT: The entry is in error the parties did not consent to proceed before a Magistrate Judge. (Signed by Judge P. Kevin Castel on 4/18/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(cf) |
| Filing 341 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated April 18, 2018 re: Scheduling Order. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara) |
| Filing 340 LETTER MOTION for Leave to File Consolidated Amended Complaint on MDL docket addressed to Judge P. Kevin Castel from Jonathan E. Pickhardt and Frank J. Broccolo dated April 17, 2018. Document filed by Canyon - GRF Master Fund II, L.P., Canyon Balanced Master Fund, Ltd, Canyon Capital Advisors LLC, Canyon Capital Arbitrage Master Fund, Ltd., Canyon Value Realization Fund LP, Permal Canyon IO Ltd., The Canyon Value Realization Master Fund, L.P.. (Attachments: #1 Consolidated Amended Complaint)(Pickhardt, Jonathan) |
| Filing 339 LETTER MOTION for Leave to File Amended Complaint on MDL docket addressed to Judge P. Kevin Castel from Andrew J. Rossman dated April 17, 2018. Document filed by Kearny Investors S.A.R.L., Powell Investors II Limited Partnership, Powell Investors L.P.. (Attachments: #1 Amended Complaint)(Rossman, Andrew) |
|
Filing 338
SCHEDULING ORDER: All parties consent conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. All fact discovery shall be completed no later than October 5, 2018. Depositions to be completed by October 5, 2018. All expert discovery shall be completed no later than November 16, 2018. Class plaintiffs may move for class certification at any time provided, however, that any motion for class certification shall be made no that all briefing (motion, response and reply is filed by August 31, 2018. The next Case Management Conference is scheduled for October 26, 2018 at 11 a.m. (As further set forth in this Order.) Motions due by 8/31/2018. Responses due by 8/31/2018 Replies due by 8/31/2018. Deposition due by 10/5/2018. Fact Discovery due by 10/5/2018. Expert Discovery due by 11/16/2018. (Signed by Judge P. Kevin Castel on 4/17/2018) (cf)
|
|
Filing 337
ORDER FOLLOWING PRETRIAL CONFERENCE: All premotion letters by all defendants on motions to dismiss for all individual actions (other than Fir Tree) are due May 4, 2018. Responses due May 14, 2018. The next Case Management Conference will be held on October 26 at 11 am. Any conference scheduled for a date prior thereto is adjourned. (As further set forth in this Order.) (Case Management Conference set for 10/26/2018 at 11:00 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 4/17/2018) (cf)
|
| Minute Entry for proceedings held before Judge P. Kevin Castel: Case Management Conference held on 4/17/2018. The next case management conference is scheduled for October 26, 2018 at 11:00 a.m. See, Civil Case Management & Scheduling Order and Order Following Pretrial Conference. (Court Reporter Martha Martin) (Nacanther, Florence) |
| Filing 336 DECLARATION of Lawrence D. Levit in Support re: (165 in 1:16-cv-07981-PKC) MOTION to Approve Settlement, Award of Attorneys' Fees and Reimbursement of Expenses .. Document filed by Pyramid Holdings, Inc.. (Attachments: #1 Exhibit Exhibit 1)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07981-PKC(Porsch, Cassandra) |
| Filing 335 REPLY MEMORANDUM OF LAW in Support re: (165 in 1:16-cv-07981-PKC) MOTION to Approve Settlement, Award of Attorneys' Fees and Reimbursement of Expenses . . Document filed by Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff). Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07981-PKC(Porsch, Cassandra) |
| Filing 334 LETTER addressed to Judge P. Kevin Castel from Michael Bongiorno dated April 13, 2018 re: (Corrected) Response to Canyon's March 20, 2018 Letter (325). Document filed by Terraform Global, Inc.. (Attachments: #1 [Proposed] Order and Final Judgement)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC(Bongiorno, Michael) |
| Filing 333 LETTER addressed to Judge P. Kevin Castel from Michael Bongiorno dated April 13, 2018 re: Response to Canyon's March 20, 2018 Letter (325). Document filed by Terraform Global, Inc.. (Attachments: #1 [Proposed] Order and Final Judgement)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC(Bongiorno, Michael) |
| Filing 332 LETTER addressed to Judge P. Kevin Castel from Dennis J. Herman dated April 12, 2018 re: Technical Difficulties Filing Consolidated and Amended Complaint. Document filed by Cobalt KC Partners, LP, Cobalt Offshore Master Fund, LP, Cobalt Partners II, LP, Cobalt Partners, LP., Glenview Capital Master Fund, Ltd., Glenview Capital Opportunity Fund, L.P., Glenview Capital Partners, L.P., Glenview Institutional Partners, L.P., Glenview Offshore Opportunity Master Fund, Ltd., Omega Capital Investors, L.P., Omega Capital Partners, L.P., Omega Equity Investors, L.P., Omega Overseas Partners, Ltd., VMT II, LLC.(Herman, Dennis) |
| Filing 331 EXHIBIT I KPMG & WSJ REPORTERSJUDICIAL CONDUCT COMPLAINT. (sc) |
| Filing 330 MEMO ENDORSEMENT on re: #329 Letter filed by Ahmad Chatila, Brian Wuebbels. ENDORSEMENT: Application granted. Granted. ( Pretrial Conference set for 4/17/2018 at 02:30 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 4/11/2018) (mro) Modified on 4/11/2018 (mro). |
| Filing 329 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated April 6, 2018 re: Request to Move Pretrial Conference. Document filed by Ahmad Chatila, Brian Wuebbels.(Brody, Sara) |
| Filing 328 LETTER addressed to Judge P. Kevin Castel from Andrew J. Rossman and Frank J. Broccolo dated April 5, 2018 re: Time to Amend Complaint. Document filed by Kearny Investors S.A.R.L., Powell Investors II Limited Partnership, Powell Investors L.P..(Rossman, Andrew) |
| Filing 327 LETTER addressed to Judge P. Kevin Castel from Jonathan E. Pickhardt and Frank J. Broccolo dated April 5, 2018 re: Time to Amend Complaint. Document filed by Canyon - GRF Master Fund II, L.P., Canyon Balanced Master Fund, Ltd, Canyon Capital Advisors LLC, Canyon Capital Arbitrage Master Fund, Ltd., Canyon Value Realization Fund LP, Permal Canyon IO Ltd., The Canyon Value Realization Master Fund, L.P..(Pickhardt, Jonathan) |
|
Filing 326
ORDER GRANTING MOTION FOR WITHDRAWAL OF ATTORNEY DAVID W. HALL (108) Motion to Withdraw as Attorney in case 1:16-cv-07427-PKC. 1. The Motion is GRANTED. The clerk is ordered to reflect on the docket the termination of attorney David W. Hall as counsel of record for plaintiffs. (As further set forth in this Order.) (Signed by Judge P. Kevin Castel on 4/3/2018) Filed In Associated Cases: 1:16-md-02742-PKC et al. (cf)
|
| Filing 325 LETTER addressed to Judge P. Kevin Castel from Jonathan E. Pickhardt and Frank J. Broccolo dated March 30, 2018 re: Preliminary Approval of Class Action Settlement in In re TerraForm Global Securities Litigation. Document filed by Canyon Capital Advisors LLC, Permal Canyon IO Ltd..Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC(Pickhardt, Jonathan) |
|
Filing 324
ORDER: There will be a pretrial conference on April 17, 2018 at 2:30 p.m. in the Consolidated Securities Class Action and in the individual opt-out actions that bring claims under the federal securities laws. (Pretrial Conference set for 4/17/2018 at 02:30 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 3/29/2018) (cf)
|
| Filing 323 LETTER addressed to Judge P. Kevin Castel from Andrew J. Rossman, Jonathan E. Pickhardt and Frank J. Broccolo dated March 29, 2018 re: Coordination of Discovery and Responding to ECF Nos. 318-322. Document filed by Canyon - GRF Master Fund II, L.P., Canyon Balanced Master Fund, Ltd, Canyon Capital Advisors LLC, Canyon Capital Arbitrage Master Fund, Ltd., Canyon Value Realization Fund LP, Kearny Investors S.A.R.L., Permal Canyon IO Ltd., Powell Investors II Limited Partnership, Powell Investors L.P., The Canyon Value Realization Master Fund, L.P..(Rossman, Andrew) |
| Filing 322 SUPPLEMENTAL LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated March 29, 2018 re: Case Schedule. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara) |
| Filing 321 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated March 28, 2018 re: response to March 27, 2018 letter from Robbins Geller Rudman & Dowd LLP. Document filed by Municipal Employees' Retirement System of Michigan.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) |
| Filing 320 LETTER addressed to Judge P. Kevin Castel from Dennis J. Herman dated March 27, 2018 re: Response to March 23, 2018 and March 26, 2018 Letters. Document filed by Cobalt KC Partners, LP, Cobalt Offshore Master Fund, LP, Cobalt Partners II, LP, Cobalt Partners, LP., Glenview Capital Master Fund, Ltd., Glenview Capital Opportunity Fund, L.P., Glenview Capital Partners, L.P., Glenview Institutional Partners, L.P., Glenview Offshore Opportunity Master Fund, Ltd., Omega Capital Investors, L.P., Omega Capital Partners, L.P., Omega Equity Investors, L.P., Omega Overseas Partners, Ltd., VMT II, LLC.(Herman, Dennis) |
| Filing 319 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated March 26, 2018 re: Case Schedule. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara) |
| Filing 318 LETTER addressed to Judge P. Kevin Castel from Salvatore Graziano dated March 23, 2018 re: Pre-Trial Discovery Schedule. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit A - Email re: Proposed Schedule, #2 Exhibit B - Email re: 26(f))Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) |
| Filing 317 MEMORANDUM OF LAW in Support re: (165 in 1:16-cv-07981-PKC) MOTION to Approve Settlement, Award of Attorneys' Fees and Reimbursement of Expenses . Memorandum of Law in Support of Motion for an Award of Attorneys' Fees and Reimbursement of Expenses. Document filed by Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff). Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07981-PKC(Porsch, Cassandra) |
| Filing 316 MEMORANDUM OF LAW in Support re: (165 in 1:16-cv-07981-PKC) MOTION to Approve Settlement, Award of Attorneys' Fees and Reimbursement of Expenses . Memorandum of Law in Support of Final Approval of Settlement and Plan of Allocation. Document filed by Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff). Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07981-PKC(Porsch, Cassandra) |
| Filing 315 DECLARATION of Lawrence D. Levit in Support re: (165 in 1:16-cv-07981-PKC) MOTION to Approve Settlement, Award of Attorneys' Fees and Reimbursement of Expenses .. Document filed by Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07981-PKC(Porsch, Cassandra) |
| Filing 314 MOTION to Approve Settlement, Award of Attorneys' Fees and Reimbursement of Expenses . Document filed by Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff). Return Date set for 4/27/2018 at 02:30 PM. (Attachments: #1 Exhibit 1, #2 Exhibit 2)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07981-PKC(Porsch, Cassandra) |
| Filing 313 MEMO ENDORSEMENT on re: (311 in 1:16-md-02742-PKC, 168 in 1:16-cv-07917-PKC) Letter, filed by Emmanuel Hernandez, Steven Tesoriere, Steven V Tesoriere, Antonio R. Alvarez, Ahmad Chatila, Georganne Proctor, Clayton Daley, Jr., Clayton C. Daley, Jr., Jerome Thissen, Antonio Alvarez, James B. Williams, Brian Wuebbels, Randy H. Zwirn. ENDORSEMENT: Application granted. (Signed by Judge P. Kevin Castel on 3/14/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(cf) (Main Document 313 replaced on 3/15/2018) (cf). |
| Filing 312 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated March 14, 2018 re: response to Defendants' March 14, 2018 letter requesting an extension to answer the Second Amended Consolidated Complaint. Document filed by Municipal Employees' Retirement System of Michigan.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) |
| Filing 311 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated March 8, 2018 re: Time to Answer in the Horowitz action. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere, Jerome Thissen.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara) |
|
Filing 310
MEMO ENDORSEMENT on re: (309 in 1:16-md-02742-PKC, 182 in 1:16-cv-08006-PKC, 188 in 1:16-cv-08032-PKC, 186 in 1:16-cv-07428-PKC, 54 in 1:16-cv-08204-PKC) Letter,, filed by Glenview Capital Master Fund, Ltd., Cobalt KC Partners, LP, Omega Capital Partners, L.P., VMT II, LLC, Cobalt Partners, LP., Glenview Offshore Opportunity Master Fund, Ltd., Omega Equity Investors, L.P., Omega Capital Investors, L.P., Glenview Capital Opportunity Fund, L.P., Cobalt Offshore Master Fund, LP, Cobalt Partners II, LP, Glenview Institutional Partners, L.P., Glenview Capital Partners, L.P., Omega Overseas Partners, Ltd. ENDORSEMENT: Schedule adopted as Order of the Court to the extent indicated. Any proposed motion to dismiss requires a pre-motion letter. See Individual Practices. (Amended Pleadings due by 4/10/2018.) (Signed by Judge P. Kevin Castel on 3/12/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07428-PKC, 1:16-cv-08006-PKC, 1:16-cv-08032-PKC, 1:16-cv-08204-PKC(cf) Modified on 5/3/2018 (cf).
|
| Filing 309 LETTER addressed to Judge P. Kevin Castel from Dennis J. Herman dated March 9, 2018 re: Request for approval of schedule for amendment and response. Document filed by Cobalt KC Partners, LP, Cobalt Offshore Master Fund, LP, Cobalt Partners II, LP, Cobalt Partners, LP., Glenview Capital Master Fund, Ltd., Glenview Capital Opportunity Fund, L.P., Glenview Capital Partners, L.P., Glenview Institutional Partners, L.P., Glenview Offshore Opportunity Master Fund, Ltd., Omega Capital Investors, L.P., Omega Capital Partners, L.P., Omega Equity Investors, L.P., Omega Overseas Partners, Ltd., VMT II, LLC.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07428-PKC, 1:16-cv-08006-PKC, 1:16-cv-08032-PKC, 1:16-cv-08204-PKC(Herman, Dennis) |
|
Filing 308
MEMORANDUM AND ORDER granting (200) Motion to Dismiss in case 1:16-md-02742-PKC; terminating (142) Motion for Leave to File Excess Pages; terminating (145) Motion to Dismiss; granting (147) Motion to Dismiss; terminating (149) Motion to Dismiss in case 1:16-cv-07917-PKC. For the reasons explained, the Court concludes that the Complaint has plausibly alleged violations of the Securities Act related to defendants' statements concerning the August 2015 margin call, the Second-Lien Loan and the availability of lender recourse against SunEdison. All other claims under the Securities Act are dismissed. The Complaint fails to allege section 10(b) or Rule 10b-5 violations against Chatila and Wuebbels, with the exception of Chatila's statement published in September 2015 concerning the timing of SunEdisons cash generation. The motion to dismiss that claim is therefore denied as to Chatila under section 10(b) and Rule 10b-5. Plaintiffs' claims under the Exchange Act are otherwise dismissed. KPMG's motion to dismiss is granted in its entirety. Plaintiffs' claim against KPMG is therefore dismissed. The Clerk is directed to terminate the motions and the related letter-motion. (16 MD 2742, Docket # 200; 16 MC 2742, Docket # 33, 35, 41, 46; 16 Civ. 7917, Docket # 142, 145, 147, 149.). (As further set forth in this Order.) (Signed by Judge P. Kevin Castel on 3/6/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC (cf)
|
| Filing 307 NOTICE of Withdrawal of Appearance. Document filed by Canyon - GRF Master Fund II, L.P., Canyon Balanced Master Fund, Ltd, Canyon Capital Advisors LLC, Canyon Capital Arbitrage Master Fund, Ltd., Canyon Value Realization Fund LP, Kearny Investors S.A.R.L., Permal Canyon IO Ltd., Powell Investors II Limited Partnership, Powell Investors L.P., The Canyon Value Realization Master Fund, L.P.. (Goldstein, Jordan) |
| Filing 306 LETTER addressed to Judge P. Kevin Castel from Mark B. Blocker dated March 1, 2018 re: In Response to Plaintiffs' March 1, 2018 Letter (Dkt. 305). Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Matthew Herzberg, Matthew Martin, Georganne Proctor, SunEdison, Inc. Investment Committee, Steven Tesoriere, James Welsh, James B. Williams, Brian Wuebbels, Board of Directors of SunEdison, Inc., Clayton C. Daley, Jr, Emmanuel T Hernandez, Georganne C. Proctor, Steven V Tesoriere, Randy H. Zwirn.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07950-PKC(Blocker, Mark) |
| Filing 305 LETTER addressed to Judge P. Kevin Castel from Robert I. Harwood dated 03/01/2018 re: recent decision supporting plaintiffs' opposition to defendants' motion to dismiss. Document filed by ERISA Plaintiffs. (Attachments: #1 Exhibit A)(Harwood, Robert) |
| Filing 304 LETTER addressed to Judge P. Kevin Castel from Robert I. Harwood dated 02/23/2018 re: Response to Defendants' February 22, 2018 letter. Document filed by Alexander Y Usenko.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07950-PKC(Harwood, Robert) |
| Filing 303 LETTER addressed to Judge P. Kevin Castel from Mark B. Blocker dated February 22, 2018 Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Matthew Herzberg, Matthew Martin, Phelps Morris, Georganne Proctor, SunEdison, Inc. Investment Committee, Steven Tesoriere, James Welsh, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Ahmad R Chatila, Clayton C. Daley, Jr, Emmanuel T Hernandez, Georganne C. Proctor, Steven V Tesoriere. (Attachments: #1 Exhibit A to Letter to Judge Castel)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07950-PKC(Blocker, Mark) |
| Filing 302 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/31/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 301 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/31/2018 before Judge P. Kevin Castel. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/14/2018. Redacted Transcript Deadline set for 3/26/2018. Release of Transcript Restriction set for 5/22/2018.(McGuirk, Kelly) |
| Filing 300 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/31/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 299 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/31/2018 before Judge P. Kevin Castel. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/7/2018. Redacted Transcript Deadline set for 3/19/2018. Release of Transcript Restriction set for 5/15/2018.(McGuirk, Kelly) |
| Filing 298 LETTER addressed to Judge P. Kevin Castel from Mark B. Blocker dated February 12, 2018 re: Notice of Supplemental Authority. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Matthew Martin, Georganne Proctor, SunEdison, Inc. Investment Committee, Steven Tesoriere, James Welsh, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Ahmad R Chatila, Clayton C. Daley, Jr, Emmanuel T Hernandez, Matthew Herzberg, Steven V Tesoriere. (Attachments: #1 Exhibit A - Order)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07950-PKC(Blocker, Mark) |
| Filing 297 MOTION for Jessica E. Morrison to Withdraw as Attorney . Document filed by KPMG L.L.P.. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Morrison, Jessica) |
| Filing 296 MOTION for Franklin D. Annand to Withdraw as Attorney . Document filed by KPMG L.L.P.. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Annand, Franklin) |
|
Filing 295
ORDER GRANTING MOTION FOR WITHDRAWAL OF ATTORNEY DAVID W. HALL (184) Motion to Withdraw as Attorney. Attorney David W. Hall and David William Hall terminated in case 1:16-cv-07428-PKC; granting (294) Motion to Withdraw as Attorney. Attorney David W. Hall and David William Hall terminated in case 1:16-md-02742-PKC; granting (114) Motion to Withdraw as Attorney. Attorney David W. Hall and David William Hall terminated in case 1:16-cv-07995-PKC; granting (180) Motion to Withdraw as Attorney. Attorney David W. Hall and David William Hall terminated in case 1:16-cv-08006-PKC; granting (186) Motion to Withdraw as Attorney. Attorney David W. Hall and David William Hall terminated in case 1:16-cv-08032-PKC; granting (59) Motion to Withdraw as Attorney. Attorney David W. Hall and David William Hall terminated in case 1:16-cv-08202-PKC; granting (52) Motion to Withdraw as Attorney. Attorney David W. Hall and David William Hall terminated in case 1:16-cv-08204-PKC. 1. The Motion is GRANTED. 2. The clerk is ordered to reflect on the docket the termination of attorney David W. Hall as counsel of record for plaintiffs. (As further set forth in this Order.) (Signed by Judge P. Kevin Castel on 2/5/2018) Filed In Associated Cases: 1:16-md-02742-PKC et al. (cf)
|
| Filing 294 MOTION for David W. Hall to Withdraw as Attorney . Document filed by VMT II, LLC, Cobalt KC Partners, LP, Glenview Capital Master Fund, Ltd., Omega Capital Investors, L.P., Kingdon Associates, Oklahoma Firefighters Pension and Retirement System. (Attachments: #1 Proposed Order)Filed In Associated Cases: 1:16-md-02742-PKC et al.(Herman, Dennis) |
|
Filing 293
ORDER ORDER AWARDING ATTORNEYS' FEES, EXPENSES. This matter came before the Court for a hearing pursuant to the Order Preliminarily Approving Settlement and Providing for Notice ("Preliminary Approval Order") dated September 14, 2017, on the application of the Settling Parties for approval of the Settlement set forth in the Stipulation of Settlement dated September 8, 2017 (the "Settlement Stipulation"). This Court has jurisdiction over the subject matter of the Action and over all Settling Parties to the Action, including all Class Members. Due and adequate notice having been given to the Class pursuant to the Preliminary Approval Order, no objections having been received from Class members, and the Court having considered all papers filed and proceedings held and otherwise being fully informed in the premises, It is hereby ORDERED that: The Court hereby awards to Lead Counsel attorneys' fees of $525,000 and reimbursement for litigation expenses in the amount of $57,560.24, together with the interest earned on both amounts for the same time period and at the same rate as that earned on the Settlement Fund until paid. The amounts awarded shall immediately be paid to Lead Counsel and Plaintiffs, subject to the terms and conditions set forth in the Settlement Stipulation. IT IS SO ORDERED. (Signed by Judge P. Kevin Castel on 1/31/2018) Filed In Associated Cases: 1:16-md-02742 PKC, 1:16-cv-07962-PKC. (rjm)
|
|
Filing 292
ORDER AND FINAL JUDGMENT: NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: This Order and Final Judgment incorporates by reference the definitions in the Settlement Stipulation, and all capitalized terms used herein shall have the same meanings as set forth therein. The Court has jurisdiction over the subject matter of the Action, Plaintiffs, all Settlement Class Members, and Defendants. The Settlement Class is being certified for settlement purposes only. The Action and all claims contained therein, as well as all of the Released Claims, are dismissed with prejudice as against Defendants and the Released Parties. The Settling Parties are to bear their own costs, except as otherwise provided in the Settlement Stipulation. To the fullest extent permitted by law, all Persons shall be permanently enjoined, barred and restrained from bringing, commencing, prosecuting or asserting any claims, actions, or causes of action for contribution, indemnity or otherwise against any of the Released Parties seeking as damages or otherwise the recovery of all or any part of any liability, judgment or settlement which they pay or are obligated to pay or agree to pay to the Settlement Class or any Settlement Class Member arising out of, relating to or concerning such Persons' participation in any acts, facts, statements or omissions that were or could have been alleged in the Action, and as further set forth herein. In the event the Settlement is not consummated in accordance with the terms of the Settlement Stipulation, then the Settlement Stipulation and this Order and Final Judgment (including any amendment(s) thereof, and except as expressly provided in the Settlement Stipulation or by order of the Court) shall be null and void, of no further force or effect, and without prejudice to any Settling Party, and may not be introduced as evidence or used in any action or proceeding by any Person against the Settling Parties or the Released Parties, and each Settling Party shall be restored to his, her or its respective litigation positions as they existed prior to July 26, 2017, pursuant to the terms of the Settlement Stipulation. (Signed by Judge P. Kevin Castel on 1/31/2018) *** Party ERISA Plaintiffs, Don Harris, Kyle Tervort, Darcy Church (individually and on behalf of all others similarly situated) and ERISA PLAINTIFFS terminated. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07962-PKC(anc) Modified on 2/1/2018 (anc).
|
|
Filing 291
ORDER AND FINAL JUDGMENT. IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: This Order and Final Judgment incorporates by reference the definitions in theSettlement Stipulation, and all capitalized terms used herein shall have the same meanings as set forth therein. The Court has jurisdiction over the subject matter of the Action, Plaintiffs, all Settlement Class Members, and Defendants. The Court finds that, for settlement purposes only, the prerequisites for a class action under Rule 23(a) and (b)(3) of the Federal Rules of Civil Procedure have been satisfied, and as further specified and set forth in this Order and Final Judgment. In the event the Settlement is not consummated in accordance with the terms of the Settlement Stipulation, then the Settlement Stipulation and this Order and Final Judgment (including any amendment(s) thereof, and except as expressly provided in the Settlement Stipulation or by order of the Court) shall be null and void, of no further force or effect, and without prejudice to any Settling Party, and may not be introduced as evidence or used in any action or proceeding by any Person against the Settling Parties or the Released Parties, and each Settling Party shall be restored to his, her or its respective litigation positions as they existed prior to June 28, 2017, pursuant to the terms of the Settlement Stipulation. (Signed by Judge P. Kevin Castel on 1/31/2018) (Attachments: #(1) Appeal Pack) Filed In Associated Cases: 1:16 md-02742-PKC, 1:16-cv-08039-PKC. (rjm)
|
|
Filing 290
ORDER AWARDING PLAINTIFFS' COUNSEL'S ATTORNEYS' FEES, REIMBURSEMENT OF EXPENSES. It is hereby ordered: Plaintiffs' Counsel is awarded 25% of the Gross Settlement Fund, or $3,687,500, as attorneys' fees in this action, together with a proportionate share of the interest earned on the fund, at the same rate as earned by the balance of the fund, from the date of the establishment of the fund to the date of payment. Plaintiffs' Counsel shall be reimbursed out of the Gross Settlement Fund in the amount of $84,894.02 for its expenses and costs. The Court finds that the amount of fees awarded is fair and reasonable in light of the time and labor required, the novelty and difficulty of the case, the skill required to prosecute the case, the experience and ability of the attorneys, awards in similar cases, the contingent nature of the representation and the result obtained for the Class. Except as otherwise provided herein, the attorneys' fees, reimbursement of expenses, and award to Lead Plaintiffs shall be paid in the manner and procedure provided for in the Stipulation. So ordered. (Signed by Judge P. Kevin Castel on 1/31/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-08039-PKC. (rjm)
|
| Minute Entry for proceedings held before Judge P. Kevin Castel: Fairness Hearing held on 1/31/2018. FOR PLAINTIFFS: Jeremy Alan Lieberman, Esq., Brenda F. Szydlo, Esq., Aatif Iqbal, Esq., Sara Esther Fuks, Esq., and Pro Se Plaintiff, Edward Simpson. FOR DEFENDANTS: Sara B. Brody, Esq., James E. Miller, and Jenny R. A. Pelaez. On related cases: 16cv7962 (PKC) and 16cv8039 (PKC) - Settlement is fair, reasonable and adequate and it is APPROVED. Order and Final Judgment entered. Order Awarding Attorneys Fees and Expenses APPROVED. Compensatory Awards DENIED. DE 270, 274, 275 are terminated. (Court Reporter Carol Ganley) (Nacanther, Florence) |
| Filing 289 NOTICE OF APPEARANCE by Jenny Ross Aquines Pelaez on behalf of TerraForm Power, Inc.. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-08039-PKC(Pelaez, Jenny) |
| Filing 288 DECLARATION of Sarah Evans Concerning the Mailing of the Notice and Claim Form, Requests for Exclusions and Objections in Support re: (82 in 1:16-cv-07962-PKC, 275 in 1:16-md-02742-PKC) MOTION for Attorney Fees ., (274 in 1:16-md-02742-PKC, 81 in 1:16-cv-07962-PKC) MOTION to Approve Settlement .. Document filed by Don Harris, Kyle Tervort. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07962-PKC(Lieberman, Jeremy) |
| Filing 287 REPLY MEMORANDUM OF LAW in Support re: (82 in 1:16-cv-07962-PKC, 275 in 1:16-md-02742-PKC) MOTION for Attorney Fees ., (274 in 1:16-md-02742-PKC, 81 in 1:16-cv-07962-PKC) MOTION to Approve Settlement . . Document filed by Don Harris, Kyle Trevort. (Attachments: #1 [Proposed] Order and Final Judgment, #2 [Proposed] Order Awarding Attorneys Fees, Expenses, and Lead Plaintiff Award)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07962-PKC(Lieberman, Jeremy) |
| Filing 286 REPLY MEMORANDUM OF LAW in Support re: #270 MOTION for Settlement Final Approval of Proposed Class Action Settlement. MOTION for Attorney Fees , Reimbursement of Expenses, and Award to Lead Plaintiffs. Supplemental Declaration of Robert Cormio. Document filed by Clemens Schlettwein, Jerome Spindler. (Attachments: #1 Affidavit)(Lieberman, Jeremy) |
|
Filing 285
STIPULATION OF PARTIAL DISMISSAL: All parties to the above-captioned action, by and through their undersigned attorneys, hereby stipulate to the dismissal with prejudice of the Fourth, Fifth, Sixth, and Seventh Causes of Action pled in the Complaint. This stipulation is only intended to effect the dismissal of claims arising from plaintiffs' alleged transactions in securities or debt issued by Terraform Global, Inc. or its subsidiaries. Claims arising from plaintiffs' alleged transactions in securities issued by SunEdison, Inc. are not intended to be dismissed, and no causes of action other than those identified above are impacted by this stipulation. And as set forth herein. SO ORDERED. (Signed by Judge P. Kevin Castel on 1/02/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-08204-PKC(ama)
|
|
Filing 284
STIPULATION OF PARTIAL DISMISSAL: All parties to the above-captioned action, by and through their undersigned attorneys, hereby stipulate to the dismissal with prejudice of the Fourth, Fifth, Sixth, and Seventh Causes of Action pled in the Complaint. This stipulation is only intended to effect the dismissal of claims arising from plaintiffs' alleged transactions in securities or debt issued by Terraform Global, Inc. or its subsidiaries. Claims arising from plaintiffs' alleged transactions in securities issued by SunEdison, Inc. are not intended to be dismissed, and no causes of action other than those identified above are impacted by this stipulation. And as set forth herein. SO ORDERED. (Signed by Judge P. Kevin Castel on 1/02/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07428-PKC(ama) Modified on 1/2/2018 (ama).
|
| Filing 283 STIPULATION OF PARTIAL DISMISSAL: All parties to the above-captioned action, by and through their undersigned attorneys, hereby stipulate to the dismissal with prejudice of the Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Causes of Action pled in the Complaint. This stipulation is only intended to effect the dismissal of claims arising from plaintiffs' alleged transactions in securities or debt issued by Terraform Global, Inc. or its subsidiaries. Claims arising from plaintiffs' alleged transactions in securities issued by SunEdison, Inc. are not intended to be dismissed, and no causes of action other than those identified above are impacted by this stipulation. The parties shall bear their own fees and costs incurred in the prosecution or defense of the above-referenced causes of action. (Signed by Judge P. Kevin Castel on 1/2/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-08032-PKC(tn) |
| Filing 282 STIPULATION OF PARTIAL DISMISSAL: All parties to the above-captioned action, by and through their undersigned attorneys, hereby stipulate to the dismissal with prejudice of the Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Causes of Action pled in the Complaint. This stipulation is only intended to effect the dismissal of claims arising from plaintiffs' alleged transactions in securities or debt issued by Terraform Global, Inc. or its subsidiaries. Claims arising from plaintiffs' alleged transactions in securities issued by SunEdison, Inc. are not intended to be dismissed, and no causes of action other than those identified above are impacted by this stipulation. The parties shall bear their own fees and costs incurred in the prosecution or defense of the above-referenced causes of action. (Signed by Judge P. Kevin Castel on 1/2/2018) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC(tn) |
| Filing 281 DECLARATION of Sarah Evans (Claims Administrator) in Support re: (82 in 1:16-cv-07962-PKC, 275 in 1:16-md-02742-PKC) MOTION for Attorney Fees ., (274 in 1:16-md-02742-PKC, 81 in 1:16-cv-07962-PKC) MOTION to Approve Settlement .. Document filed by Don Harris, Kyle Tervort. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07962-PKC(Lieberman, Jeremy) |
| Filing 280 DECLARATION of J. Christopher Wehrle in Support re: (82 in 1:16-cv-07962-PKC, 275 in 1:16-md-02742-PKC) MOTION for Attorney Fees .. Document filed by Don Harris, Kyle Tervort. (Attachments: #1 Wehrle Law Firm Resume)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07962-PKC(Lieberman, Jeremy) |
| Filing 279 DECLARATION of Laurence M. Rosen in Support re: (82 in 1:16-cv-07962-PKC, 275 in 1:16-md-02742-PKC) MOTION for Attorney Fees .. Document filed by Don Harris, Kyle Tervort. (Attachments: #1 Rosen Law Firm Resume)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07962-PKC(Lieberman, Jeremy) |
| Filing 278 DECLARATION of Jeremy A. Lieberman in Support re: (82 in 1:16-cv-07962-PKC, 275 in 1:16-md-02742-PKC) MOTION for Attorney Fees ., (274 in 1:16-md-02742-PKC, 81 in 1:16-cv-07962-PKC) MOTION to Approve Settlement .. Document filed by Don Harris, Kyle Tervort. (Attachments: #1 Pomerantz LLP Firm Resume)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07962-PKC(Lieberman, Jeremy) |
| Filing 277 MEMORANDUM OF LAW in Support re: (82 in 1:16-cv-07962-PKC, 275 in 1:16-md-02742-PKC) MOTION for Attorney Fees . . Document filed by Don Harris, Kyle Tervort. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07962-PKC(Lieberman, Jeremy) |
| Filing 276 MEMORANDUM OF LAW in Support re: (274 in 1:16-md-02742-PKC, 81 in 1:16-cv-07962-PKC) MOTION to Approve Settlement . . Document filed by Don Harris, Kyle Tervort. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07962-PKC(Lieberman, Jeremy) |
| Filing 275 MOTION for Attorney Fees . Document filed by Don Harris, Kyle Tervort.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07962-PKC(Lieberman, Jeremy) |
| Filing 274 MOTION to Approve Settlement . Document filed by Don Harris, Kyle Tervort.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07962-PKC(Lieberman, Jeremy) |
| Filing 273 DECLARATION of Jeremy A. Lieberman in Support re: (111 in 1:16-cv-08039-PKC, 111 in 1:16-cv-08039-PKC) MOTION for Settlement Final Approval of Proposed Class Action Settlement. MOTION for Attorney Fees , Reimbursement of Expenses, and Award to Lead Plaintiffs.. Document filed by Clemens Schlettwein, Jerome Spindler. (Attachments: #1 Exhibit 1 - JND Declaration, #2 Exhibit 2 - Pomerantz Fee Declaration, #3 Exhibit 3 - Rosen Fee Declaration, #4 Exhibit 4 - Cohen Milstein Declaration with part 1 of 2 of Ex. A, #5 Exhibit 4 - Cohen Milstein Declaration - part 2 of 2 of Ex. A, #6 Exhibit 5 - Schlettwein Declaration, #7 Exhibit 6 - Spindler Declaration)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-08039-PKC(Lieberman, Jeremy) |
| Filing 272 MEMORANDUM OF LAW in Support re: (111 in 1:16-cv-08039-PKC, 111 in 1:16-cv-08039-PKC) MOTION for Settlement Final Approval of Proposed Class Action Settlement. MOTION for Attorney Fees , Reimbursement of Expenses, and Award to Lead Plaintiffs. Memorandum of Law in Support of Lead Plaintiffs' Motion for an Award of Attorneys' Fees, Reimbursement of Expenses, and Award to Lead Plaintiffs. Document filed by Clemens Schlettwein, Jerome Spindler. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-08039-PKC(Lieberman, Jeremy) |
| Filing 271 MEMORANDUM OF LAW in Support re: (111 in 1:16-cv-08039-PKC, 111 in 1:16-cv-08039-PKC) MOTION for Settlement Final Approval of Proposed Class Action Settlement. MOTION for Attorney Fees , Reimbursement of Expenses, and Award to Lead Plaintiffs. Memorandum of Law in Support of Lead Plaintiffs' Motion for Final Approval of Proposed Class Action Settlement. Document filed by Clemens Schlettwein, Jerome Spindler. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-08039-PKC(Lieberman, Jeremy) |
| Filing 270 MOTION for Settlement Final Approval of Proposed Class Action Settlement., MOTION for Attorney Fees , Reimbursement of Expenses, and Award to Lead Plaintiffs. Document filed by Clemens Schlettwein, Jerome Spindler. (Attachments: #1 Text of Proposed Order and Final Judgment, #2 Text of Proposed Order Awarding Attorneys' Fees, Reimbursement of Expenses and Award to Lead Plaintiffs)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-08039-PKC(Lieberman, Jeremy) |
|
Filing 269
GRANTING LEAD PLAINTIFFS' UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT (266) Motion to Approve; granting (268) Letter Motion to Expedite in case 1:16-md-02742-PKC; granting (207) Motion to Approve; granting (209) Letter Motion to Expedite in case 1:16-cv-07967-PKC. NOW, THEREFORE, IT IS HEREBY ORDERED, this 19th day of December, 2017, that: The Court hereby preliminarily approves the Settlement, subject to further consideration at a hearing (the "Settlement Hearing") pursuant to Federal Rule of Civil Procedure 23(e), which hereby scheduled to be held before the Court on April 27, 2018 at 2:30 pm in Courtroom 11D for the following purposes (as further set forth in this Order.) No later than January 10, 2018, the Company shall provide and/or cause its transfer agent to provide to the Claims Administrator a list of the record owners of Global Common Stock in a usable electronic format, such as an excel spreadsheet or other format that is agreed to by the Claims Administrator. A properly completed and executed Proof of Claim must be submitted to the Claims Administrator, at the Post Office Box indicated in the Notice, postmarked no later than April 13, 2018. A Settlement Class Member wishing to make such request for exclusion shall mail it, in written form, by first class mail, postage prepaid, or otherwise deliver it, so that it is received no later than March 27, 2018. (Signed by Judge P. Kevin Castel on 12/19/2017) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC (cf)
|
| Set/Reset Hearings: Settlement Conference set for 4/27/2018 at 02:30 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC(cf) |
| Filing 268 LETTER MOTION to Expedite Consideration of the Motion For Preliminary Approval addressed to Judge P. Kevin Castel from Michael G. Bongiorno dated December 15, 2017. Document filed by TerraForm Global, LLC, Terraform Global, Inc..Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC(Bongiorno, Michael) |
| Filing 267 MEMORANDUM OF LAW in Support re: (162 in 1:16-cv-07981-PKC) MOTION to Approve Preliminary Approval of Class Action Settlement . . Document filed by Pyramid Holdings, Inc.. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC, 1:16-cv-07981-PKC(Porsch, Cassandra) |
| Filing 266 MOTION to Approve Preliminary Approval of Class Action Settlement . Document filed by Pyramid Holdings, Inc..Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC, 1:16-cv-07981-PKC(Porsch, Cassandra) |
| Filing 265 SETTLEMENT AGREEMENT and Stipulation of Settlement. Document filed by Pyramid Holdings, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit B)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC, 1:16-cv-07981-PKC(Porsch, Cassandra) |
| Filing 264 MEMO ENDORSEMENT on re: (263 in 1:16-md-02742-PKC) Letter, filed by Kingdon Associates, M. Kingdon Offshore Master Fund, L.P., Kingdon Family Partnership, L.P., Kingdon Credit Master Fund, L.P. ENDORSEMENT: Time to file extended to January 4, 2018. (Amended Pleadings due by 1/4/2018.) (Signed by Judge P. Kevin Castel on 12/7/2017) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-08202-PKC(cf) |
| Filing 263 LETTER addressed to Judge P. Kevin Castel from Dennis J. Herman dated December 7, 2017 re: Extension. Document filed by Kingdon Associates, Kingdon Credit Master Fund, L.P., Kingdon Family Partnership, L.P., M. Kingdon Offshore Master Fund, L.P..(Herman, Dennis) |
| Filing 262 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated December 7, 2017 re: Defendants Motion to Dismiss. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Christine Asia Co. Decision)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) |
| Filing 261 ENTRY OF APPEARANCE & OBJECTION TO SETTLEMENT. Document filed by non-party, Edward Andrew (Andy) Simpson. (sc) |
| Filing 260 DECLARATION of Christopher K. Meyer in Support re: (125 in 1:16-cv-07950-PKC) JOINT MOTION to Dismiss the Second Amended Consolidated Complaint., (248 in 1:16-md-02742-PKC) JOINT MOTION to Dismiss the Second Amended Consolidated Complaint [Dkt. No. 235].. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Matthew Herzberg, Matthew Martin, Phelps Morris, Georganne Proctor, SunEdison, Inc. Investment Committee, Steven Tesoriere, Martin Truong, James Welsh, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Ahmad R Chatila, Clayton C. Daley, Jr, Emmanuel T Hernandez, Georganne C. Proctor, Steven V Tesoriere, Richard Wheeler. (Attachments: #1 Exhibit A - Allegion PLC's SEC Form 11-K, #2 Exhibit B - Discover Financial Services's SEC Form 11-K, #3 Exhibit C - Xerox Corporation's SEC Form 11-K, #4 Exhibit D - Third Consolidated Amended Complaint, Rinehart v. Lehman Bros. Holdings)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07950-PKC(Meyer, Chris) |
| Filing 259 REPLY MEMORANDUM OF LAW in Support re: (248 in 1:16-md-02742-PKC) JOINT MOTION to Dismiss the Second Amended Consolidated Complaint [Dkt. No. 235]., (125 in 1:16-cv-07950-PKC) JOINT MOTION to Dismiss the Second Amended Consolidated Complaint. . Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Matthew Herzberg, Matthew Martin, Phelps Morris, Georganne Proctor, SunEdison, Inc. Investment Committee, Steven Tesoriere, Martin Truong, James Welsh, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Ahmad R Chatila, Clayton C. Daley, Jr, Emmanuel T Hernandez, Georganne C. Proctor, Steven V Tesoriere. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07950-PKC(Blocker, Mark) |
| Filing 258 MEMO ENDORSEMENT on re: (255 in 1:16-md-02742-PKC, 53 in 1:16-cv-08202-PKC) Letter, filed by TerraForm Global, LLC, Terraform Global, Inc., Peter Blackmore. ENDORSEMENT: Kingdon is granted leave to amend by December 8, 2017. Defendants may file their motion to dismiss by January 12, 2018. Plaintiff may respond by February 16, 2018 and Defendants may reply by March 9, 2018. (Amended Pleadings due by 12/8/2017., Motions due by 1/12/2018., Responses due by 2/16/2018, Replies due by 3/9/2018.) (Signed by Judge P. Kevin Castel on 11/15/2017) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-08202-PKC(cf) |
| Filing 257 LETTER addressed to Judge P. Kevin Castel from Dennis J. Herman dated November 14, 2017 re: Response to Defendants' November 9, 2017 Letter. Document filed by Cobalt KC Partners, LP, Cobalt Offshore Master Fund, LP, Cobalt Partners II, LP, Cobalt Partners, LP., Glenview Capital Master Fund, Ltd., Glenview Capital Opportunity Fund, L.P., Glenview Capital Partners, L.P., Glenview Institutional Partners, L.P., Glenview Offshore Opportunity Master Fund, Ltd., Kingdon Associates, Kingdon Credit Master Fund, L.P., Kingdon Family Partnership, L.P., M. Kingdon Offshore Master Fund, L.P., Oklahoma Firefighters Pension and Retirement System, Omega Capital Investors, L.P., Omega Capital Partners, L.P., Omega Equity Investors, L.P., Omega Overseas Partners, Ltd., VMT II, LLC.(Herman, Dennis) |
| Filing 256 LETTER addressed to Judge P. Kevin Castel from Michael Bongiorno dated November 9, 2017 re: Defendants' Anticipated Motion to Dismiss in Kingdon and Entry of Schedule (Corrected). Document filed by Peter Blackmore, TerraForm Global, LLC, Terraform Global, Inc..Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-08202-PKC(Bongiorno, Michael) |
| Filing 255 LETTER addressed to Judge P. Kevin Castel from Michael Bongiorno dated November 9, 2017 re: Defendants' Anticipated Motion to Dismiss in Kingdon and Entry of Schedule. Document filed by Peter Blackmore, TerraForm Global, LLC, Terraform Global, Inc..Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-08202-PKC(Bongiorno, Michael) |
| Filing 254 MEMO ENDORSEMENT on re: (252 in 1:16-md-02742-PKC, 204 in 1:16-cv-07967-PKC) Letter, filed by Pyramid Holdings, Inc. ENDORSEMENT: All proceedings in Pyramid v. Terraform Global, Inc are stayed, except the actions in furtherance of the settlement. Submit motion for preliminary approval by December 15, 2017. (Motions due by 12/15/2017.) (Signed by Judge P. Kevin Castel on 11/8/2017) (cf) |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Robert W. Lehrburger. Please note that this is a reassignment of the designation only. (sjo) |
| Filing 253 MEMORANDUM OF LAW in Opposition re: #248 JOINT MOTION to Dismiss the Second Amended Consolidated Complaint [Dkt. No. 235]. . Document filed by Robert Linton, Lee Medina, Eric O'Day, Gaurab Samanta. (Harwood, Robert) |
| Filing 252 LETTER addressed to Judge P. Kevin Castel from Jack G. Fruchter dated 11/1/2017 re: Extension for Settlement. Document filed by Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff).Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC, 1:16-cv-07981-PKC(Fruchter, Jack) |
| Filing 251 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated October 23, 2017 re: Defendants Motion to Dismiss. Document filed by Municipal Employees' Retirement System of Michigan. (Attachments: #1 Exhibit A - Leidos Settlement Motion)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) |
| Filing 250 DECLARATION of Christopher K. Meyer in Support re: (248 in 1:16-md-02742-PKC) JOINT MOTION to Dismiss the Second Amended Consolidated Complaint [Dkt. No. 235]., (125 in 1:16-cv-07950-PKC) JOINT MOTION to Dismiss the Second Amended Consolidated Complaint.. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Matthew Herzberg, Matthew Martin, Phelps Morris, Georganne Proctor, SunEdison, Inc. Investment Committee, Steven Tesoriere, James Welsh, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Ahmad R Chatila, Clayton C. Daley, Jr, Emmanuel T Hernandez, Georganne C. Proctor, Steven V Tesoriere. (Attachments: #1 Exhibit A - MEMC/SunEdison Retirement Savings Plan)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07950-PKC(Meyer, Chris) |
| Filing 249 MEMORANDUM OF LAW in Support re: (248 in 1:16-md-02742-PKC) JOINT MOTION to Dismiss the Second Amended Consolidated Complaint [Dkt. No. 235]., (125 in 1:16-cv-07950-PKC) JOINT MOTION to Dismiss the Second Amended Consolidated Complaint. . Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Matthew Herzberg, Matthew Martin, Phelps Morris, Georganne Proctor, SunEdison, Inc. Investment Committee, Steven Tesoriere, James Welsh, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Ahmad R Chatila, Clayton C. Daley, Jr, Emmanuel T Hernandez, Georganne C. Proctor, Steven V Tesoriere. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07950-PKC(Blocker, Mark) |
| Filing 248 JOINT MOTION to Dismiss the Second Amended Consolidated Complaint [Dkt. No. 235]. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Matthew Herzberg, Matthew Martin, Phelps Morris, Georganne Proctor, SunEdison, Inc. Investment Committee, Steven Tesoriere, James Welsh, James B. Williams, Brian Wuebbels, Randy H. Zwirn.(Blocker, Mark) |
|
Filing 247
ORDER GRANTING PLAINTIFFS' MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT granting (242) Motion for Settlement in case 1:16-md-02742-PKC; granting (77) Motion for Settlement in case 1:16-cv-07962-PKC. IT IS HEREBY ORDERED, this 14th day of September, 2017, that: Pursuant to Rule 23(a) and (b)(3) of the Federal Rules of Civil Procedure and for the purposes of the Settlement only, the Action is hereby preliminarily certified as a class action on behalf of all Persons (including, without limitation, their beneficiaries) who purchased Vivint Solar, Inc. ("Vivint") securities during the period from July 20, 2015 through April 1, 2016, both dates inclusive, and excluded from the Settlement Class are: (i) Defendants; (ii) all current and former officers and directors of SunEdison, Inc.; (iii) blood relatives and household members of any such person excluded under (i); (iv) any entities affiliated with, controlled by, or more than 5% owned by, any person excluded under (i) and (ii); (v) the legal representatives, heirs, successors or assigns of any person excluded under (i) through (iv); (vi) Opt-Outs; and (vii) Persons who have no compensable damages. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, preliminarily and for the purposes of this Settlement only, Plaintiffs are certified as the class representatives on behalf of the Settlement Class ("Class Representatives") and Plaintiffs' Counsel, previously selected by Plaintiffs and appointed by the Court, are hereby appointed as Lead Counsel for the Settlement Class ("Class Counsel"). The Court hereby preliminarily approves the Settlement, subject to further consideration at a hearing (the "Settlement Hearing") pursuant to Federal Rule of Civil Procedure 23(e), which is hereby scheduled to be held before the Court on January 31 2018 at 2:00 p.m...All papers in support of the Settlement, the Plan of Allocation and/or the Fee and Expense Application shall be field and served no later than December 21, 2017. Any submissions filed in response to any objections or in further support of the Settlement, the Plan of Allocation and/or the Fee and Expense Application shall be filed no later than January 19, 2018, and as further set forth herein. (Signed by Judge P. Kevin Castel on 9/14/2017) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07962-PKC (ras)
|
|
Filing 246
ORDER GRANTING LEAD PLAINTIFFS' MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT granting (239) Motion for Settlement in case 1:16-md-02742-PKC; granting (108) Motion for Settlement in case 1:16-cv-08039-PKC. IT IS HEREBY ORDERED this 14th day of September, 2017, that: Pursuant to Rule 23(a) and (b)(3) of the Federal Rules of Civil Procedure and for the purposes of the Settlement only, the Action is hereby preliminarily certified as a class action on behalf of all Persons (including, without limitation, their beneficiaries) who purchased TERP securities during the period from July 18, 2014 through March 15, 2016, both dates inclusive, and excluded from the Settlement Class are: (i) Defendant TERP and all current and former officers and directors of TERP; (ii) Defendants Ahmad Chatila, Carlos Domenech Zornoza, Brian Wuebbels, Alejandro Hernandez, and Francisco Perez Gundin; (iii) blood relatives and household members of any such person excluded under (i); (iv) any entities affiliated with, controlled by, or more than 5% owned by, any person excluded under (i) and (ii); (v) the legal representatives, heirs, successors or assigns of any person excluded under (i) through (iv); (vi) Opt-Outs; and (vii) Persons who have no compensable damages. The Court hereby preliminarily approves the Settlement, subject to further consideration at a hearing (the "Settlement Hearing") pursuant to Federal Rule of Civil Procedure 23(e), which is hereby scheduled to be held before the Court on January 31, 2018 at 2:00 p.m...All papers in support of the Settlement, the Plan of Allocation and/or the Fee and Expense Application shall be filed and served no later than December 21, 2017. Any submissions filed in response to any objections or in fu1ther support of the Settlement, the Plan of Allocation and/or the Fee and Expense Application shall be filed no later January 19, 2018, and as further set forth herein. (Signed by Judge P. Kevin Castel on 9/14/2017) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-08039-PKC (ras)
|
| Set/Reset Hearings: Settlement Conference set for 1/31/2018 at 02:00 PM before Judge P. Kevin Castel. Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07962-PKC. (ras) |
|
Filing 245
ORDER granting #241 Letter Motion for Leave to File Document. Proceed with motion. Schedule approved. (Signed by Judge P. Kevin Castel on 9/11/2017) (cf)
|
| Set/Reset Deadlines: Motions due by 9/18/2017. Responses due by 11/2/2017 Replies due by 11/22/2017. (cf) |
| Filing 244 SETTLEMENT AGREEMENT . Document filed by Don Harris, Kyle Trevort. (Attachments: #1 Exhibit A - Text of Proposed Order For Preliminary Approval of Settlement, #2 Exhibit A-1 Long Form Notice, #3 Exhibit A-2 Proof of Claim, #4 Exhibit A-3 Short Form Notice, #5 Exhibit B Text of Proposed Order and Final Judgment)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07962-PKC(Lieberman, Jeremy) |
| Filing 243 MEMORANDUM OF LAW in Support re: (77 in 1:16-cv-07962-PKC) MOTION for Settlement Unopposed Motion for Preliminary Approval of Class Action Settlement. . Document filed by Don Harris, Kyle Trevort. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07962-PKC(Lieberman, Jeremy) |
| Filing 242 MOTION for Settlement Unopposed Motion for Preliminary Approval of Class Action Settlement. Document filed by Don Harris, Kyle Trevort.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07962-PKC(Lieberman, Jeremy) |
| Filing 241 LETTER MOTION for Leave to File Motion to Dismiss Plaintiffs' Second Amended Consolidated Complaint (Unopposed) addressed to Judge P. Kevin Castel from Mark B. Blocker dated September 7, 2017. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Matthew Herzberg, Phelps Morris, Georganne Proctor, Steven Tesoriere, James Welsh, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Ahmad R Chatila, Clayton C. Daley, Jr, Emmanuel T Hernandez, Georganne C. Proctor, Steven V Tesoriere.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07950-PKC(Blocker, Mark) |
| Filing 240 MEMORANDUM OF LAW in Support re: (108 in 1:16-cv-08039-PKC) MOTION for Settlement Unopposed Motion for Entry of Order Preliminarily Approving Settlement and Establishing Notice Procedures. . Document filed by Clemens Schlettwein, Jerome Spindler. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-08039-PKC(Lieberman, Jeremy) |
| Filing 239 MOTION for Settlement Unopposed Motion for Entry of Order Preliminarily Approving Settlement and Establishing Notice Procedures. Document filed by Clemens Schlettwein, Jerome Spindler.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-08039-PKC(Lieberman, Jeremy) |
| Filing 238 SETTLEMENT AGREEMENT Stipulation and Agreement of Settlement. Document filed by Clemens Schlettwein, Jerome Spindler. (Attachments: #1 Exhibit A - Proposed Preliminary Approval Order, #2 Exhibit A-1 - Notice of Pendency and Proposed Settlement of Class Action, #3 Exhibit A-2 - Proof of Claim and Release Form, #4 Exhibit A-3 - Summary Notice, #5 Exhibit B - Proposed Order and Final Judgment)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-08039-PKC(Lieberman, Jeremy) |
|
Filing 237
ORDER granting #222 Motion for Elizabeth Y. Austin to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.)
|
|
Filing 236
ORDER granting (221) Motion for Mark B. Blocker to Appear Pro Hac Vice in case 1:16-md-02742-PKC (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07950-PKC (Castel, P.)
|
| Filing 235 SECOND AMENDED COMPLAINT amending #191 Amended Complaint,, against SUNEDISON, INC. with JURY DEMAND.Document filed by Eric O'Day, Robert Linton, Lee Medina, Gaurab Samanta. Related document: #191 Amended Complaint,,.(Harwood, Robert) |
| Filing 234 LETTER addressed to Judge P. Kevin Castel from Adam S. Hakki dated 08/25/2017 re: Response to the August 22, 2017 letter submitted on behalf of the KKR/Canyon plaintiffs. Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, Macquarie Capital (USA) Inc., MCS Capital Markets, LLC, Merrill Lynch Pierce Fenner & Smith Inc, Morgan Stanley & Co L.L.C..Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Hakki, Adam) |
| Filing 233 LETTER addressed to Judge P. Kevin Castel from Andrew J. Rossman, Jonathan E. Pickhardt, and Frank J. Broccolo dated August 22, 2017 re: Response to August 4, 2017 Reply Memorandum of Law In Support of Defendants' Joint Motion To Dismiss. Document filed by Canyon - GRF Master Fund II, L.P., Canyon Balanced Master Fund, Ltd, Canyon Capital Advisors LLC, Canyon Capital Arbitrage Master Fund, Ltd., Canyon Value Realization Fund LP, Kearny Investors S.A.R.L., Permal Canyon IO Ltd., Powell Investors II Limited Partnership, Powell Investors L.P., The Canyon Value Realization Master Fund, L.P.. (Attachments: #1 Exhibit 1- Defendants' Motion To Dismiss)(Rossman, Andrew) |
|
Filing 232
ORDER granting (231) Letter Motion for Extension of Time in case 1:16-md-02742-PKC; granting (105) Letter Motion for Extension of Time in case 1:16-cv-08039-PKC. Application granted. (Signed by Judge P. Kevin Castel on 8/10/2017) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-08039-PKC (cf)
|
| Filing 231 LETTER MOTION for Extension of Time of the Stay until September 1, 2017 addressed to Judge P. Kevin Castel from Michael G. Bongiorno dated August 9, 2017. Document filed by TerraForm Power, Inc..Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-08039-PKC(Bongiorno, Michael) |
| Filing 230 DECLARATION of Christopher K. Meyer in Support re: (118 in 1:16-cv-07950-PKC) JOINT MOTION to Dismiss the Amended Consolidated Complaint., (228 in 1:16-md-02742-PKC) JOINT MOTION to Dismiss the Amended Consolidated Complaint.. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Matthew Herzberg, Matthew Martin, Phelps Morris, Georganne Proctor, SunEdison, Inc. Investment Committee, Steven Tesoriere, James Welsh, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Ahmad R Chatila, Clayton C. Daley, Jr, Emmanuel T Hernandez, Georganne C. Proctor, Steven V Tesoriere. (Attachments: #1 Exhibit A - MEMC-SUNEDISON RETIREMENT SAVINGS PLAN)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07950-PKC(Meyer, Chris) |
| Filing 229 MEMORANDUM OF LAW in Support re: (118 in 1:16-cv-07950-PKC) JOINT MOTION to Dismiss the Amended Consolidated Complaint., (228 in 1:16-md-02742-PKC) JOINT MOTION to Dismiss the Amended Consolidated Complaint. . Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Matthew Herzberg, Matthew Martin, Phelps Morris, Georganne Proctor, SunEdison, Inc. Investment Committee, Steven Tesoriere, James Welsh, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Ahmad R Chatila, Clayton C. Daley, Jr, Emmanuel T Hernandez, Georganne C. Proctor, Steven V Tesoriere. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07950-PKC(Blocker, Mark) |
| Filing 228 JOINT MOTION to Dismiss the Amended Consolidated Complaint. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Matthew Herzberg, Matthew Martin, Phelps Morris, Georganne Proctor, SunEdison, Inc. Investment Committee, Steven Tesoriere, James Welsh, James B. Williams, Brian Wuebbels, Randy H. Zwirn.(Blocker, Mark) |
| Filing 227 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of California, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge P. Kevin Castel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 8/2/2017) (sjo) |
| Filing 226 REPLY MEMORANDUM OF LAW in Support re: (147 in 1:16-cv-07917-PKC) MOTION to Dismiss KPMG LLP's Notice of Motion to Dismiss Plaintiffs' Second Amended Complaint Pursuant to FRCP 12(b)(6)., (200 in 1:16-md-02742-PKC) MOTION to Dismiss Copy of KPMG LLP's 6/9/2017 Notice of Motion to Dismiss Plaintiffs' Second Amended Complaint Pursuant to FRCP 12(b)(6). . Document filed by KPMG LLP. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Annand, Franklin) |
| Filing 225 REPLY AFFIRMATION of Jaime A. Bartlett in Support re: (149 in 1:16-cv-07917-PKC) MOTION to Dismiss Second Amended Consolidated Securities Class Action Complaint [Dkt. No. 138].. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere. (Attachments: #1 Exhibit List, #2 Exhibit 43 SUNE 2015 2Q 10-Q, #3 Exhibit 44 SUNE 2015 3Q 10-Q, #4 Exhibit 45 2015.02.03 SUNE 8K, #5 Exhibit 46 2015.02.17 TERP 13G, #6 Exhibit 47 2015.04.17 SUNE 14A Proxy, #7 Exhibit 48 2016.03.16 SUNE 8K, #8 Exhibit 49 2016.03.16 TERP 8K, #9 Exhibit 50 2015.05.17 GLOBAL 12b-25, #10 Exhibit 51 2015.11.10 Cowen Report, #11 Exhibit 52 2015.11.11 UBS Report, #12 Exhibit 53 2015.11.18 Zero Hedge, #13 Exhibit 54 PCAOB, AU 561 & 711, #14 Exhibit 55 TERP Stock Price Chart)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Bartlett, Jaime) |
| Filing 224 REPLY MEMORANDUM OF LAW in Support re: (145 in 1:16-cv-07917-PKC) MOTION to Dismiss /Defendants' Notice of Joint Motion to Dismiss Plaintiffs' Claims Under the Securities Act of 1933. . Document filed by Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Hakki, Adam) |
| Filing 223 REPLY MEMORANDUM OF LAW in Support re: (149 in 1:16-cv-07917-PKC) MOTION to Dismiss Second Amended Consolidated Securities Class Action Complaint [Dkt. No. 138]. . Document filed by Ahmad Chatila, Brian Wuebbels. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (222 in 1:16-md-02742-PKC, 117 in 1:16-cv-07950-PKC) MOTION for Elizabeth Y. Austin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13968065. Motion and supporting papers to be reviewed by Clerk's Office staff., (221 in 1:16-md-02742-PKC, 116 in 1:16-cv-07950-PKC) MOTION for Mark B. Blocker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13967972. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07950-PKC(wb) |
| Filing 222 MOTION for Elizabeth Y. Austin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13968065. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Matthew Herzberg, Matthew Martin, Phelps Morris, Georganne Proctor, SunEdison, Inc. Investment Committee, Steven Tesoriere, James Welsh, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Ahmad R Chatila, Clayton C. Daley, Jr, Emmanuel T Hernandez, Georganne C. Proctor, Steven V Tesoriere. (Attachments: #1 Declaration of Elizabeth Y. Austin, #2 Certificate of Good Standing, #3 Text of Proposed Order for Admission Pro Hac Vice)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07950-PKC(Austin, Elizabeth) |
| Filing 221 MOTION for Mark B. Blocker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13967972. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Matthew Herzberg, Matthew Martin, Phelps Morris, Georganne Proctor, SunEdison, Inc. Investment Committee, Steven Tesoriere, James Welsh, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Ahmad R Chatila, Clayton C. Daley, Jr, Emmanuel T Hernandez, Georganne C. Proctor, Steven V Tesoriere. (Attachments: #1 Declaration of Mark B. Blocker, #2 Certificate of Good Standing, #3 Text of Proposed Order for Admission Pro Hac Vice)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07950-PKC(Blocker, Mark) |
| Filing 220 MEMO ENDORSEMENT on re: (219 in 1:16-md-02742-PKC, 75 in 1:16-cv-07962-PKC) Letter, filed by Ahmad Chatila, Ahmad R Chatila, Brian Wuebbels. ENDORSEMENT: All deadlines are stayed. File preliminary approval motion by September 8. (Motions due by 9/8/2017.) (Signed by Judge P. Kevin Castel on 7/27/2017) (cf) |
| Filing 219 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated July 27, 2017 re: report that a mediated resolution has been reached and request for Stay. Document filed by Ahmad Chatila, Brian Wuebbels, Ahmad R Chatila.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07962-PKC(Brody, Sara) |
|
Filing 218
ORDER granting #217 Motion for Bradley M Baglien to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.)
|
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #217 MOTION for Bradley M Baglien to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) |
| Filing 217 MOTION for Bradley M Baglien to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Peter Blackmore, TerraForm Global, LLC, TerraForm Power, Inc., Terraform Global, Inc.. (Attachments: #1 Affidavit Declaration of Bradley M Baglien in Support of Motion for Pro Hac Admission and Certificate of Good Standing Issued July 19, 2017, #2 Text of Proposed Order)(Baglien, Bradley) |
| Filing 216 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Bradley M Baglien to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13922391. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Peter Blackmore, TerraForm Global, LLC, TerraForm Power, Inc., Terraform Global, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order Text of Proposed Order)(Baglien, Bradley) Modified on 7/20/2017 (ma). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #216 MOTION for Bradley M Baglien to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13922391. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): MISSING AFFIDAVIT OR DECLARATION PURSUANT TO LOCAL RULE 1.3 AND PROPOSED ORDER.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (ma) |
| Filing 215 DECLARATION of Aatif Iqbal in Opposition re: (70 in 1:16-cv-07962-PKC) MOTION to Dismiss Plaintiffs' Second Amended Complaint [Dkt. No. 65].. Document filed by Don Harris, Kyle Tervort. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Certificate of Service)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07962-PKC(Iqbal, Aatif) |
| Filing 214 MEMORANDUM OF LAW in Opposition re: (70 in 1:16-cv-07962-PKC) MOTION to Dismiss Plaintiffs' Second Amended Complaint [Dkt. No. 65]. . Document filed by Don Harris, Kyle Tervort. (Attachments: #1 Certificate of Service)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07962-PKC(Steven, Murielle) |
| Filing 213 MEMORANDUM OF LAW in Opposition re: (149 in 1:16-cv-07917-PKC) MOTION to Dismiss Second Amended Consolidated Securities Class Action Complaint [Dkt. No. 138]. . Document filed by Municipal Employees Retirement System of Michigan. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) |
| Filing 212 DECLARATION of Salvatore J. Graziano in Opposition re: (147 in 1:16-cv-07917-PKC) MOTION to Dismiss KPMG LLP's Notice of Motion to Dismiss Plaintiffs' Second Amended Complaint Pursuant to FRCP 12(b)(6)., (200 in 1:16-md-02742-PKC) MOTION to Dismiss Copy of KPMG LLP's 6/9/2017 Notice of Motion to Dismiss Plaintiffs' Second Amended Complaint Pursuant to FRCP 12(b)(6).. Document filed by Municipal Employees Retirement System of Michigan. (Attachments: #1 Exhibit A (June 29, 2015 Form 8-K), #2 Exhibit B (August 18, 2015 Prospectus Supplement), #3 Exhibit C (July 20, 2015 Investor Conference Call))Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) |
| Filing 211 MEMORANDUM OF LAW in Opposition re: (147 in 1:16-cv-07917-PKC) MOTION to Dismiss KPMG LLP's Notice of Motion to Dismiss Plaintiffs' Second Amended Complaint Pursuant to FRCP 12(b)(6)., (200 in 1:16-md-02742-PKC) MOTION to Dismiss Copy of KPMG LLP's 6/9/2017 Notice of Motion to Dismiss Plaintiffs' Second Amended Complaint Pursuant to FRCP 12(b)(6). . Document filed by Municipal Employees Retirement System of Michigan. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) |
| Filing 210 MEMORANDUM OF LAW in Opposition re: (145 in 1:16-cv-07917-PKC) MOTION to Dismiss /Defendants' Notice of Joint Motion to Dismiss Plaintiffs' Claims Under the Securities Act of 1933. . Document filed by Municipal Employees Retirement System of Michigan. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) |
|
Filing 209
ORDER granting (208) Letter Motion for Extension of Time to File Response/Reply; granting (208) Letter Motion for Leave to File Excess Pages in case 1:16-md-02742-PKC; granting (202) Letter Motion for Extension of Time to File Response/Reply; granting (202) Letter Motion for Leave to File Excess Pages in case 1:16-cv-07967-PKC; granting (155) Letter Motion for Extension of Time to File Response/Reply; granting (155) Letter Motion for Leave to File Excess Pages in case 1:16-cv-07981-PKC. Application Granted. (Responses due by 7/21/2017, Replies due by 8/18/2017.) (Signed by Judge P. Kevin Castel on 7/12/2017) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC, 1:16-cv-07981-PKC (cf)
|
| Filing 208 JOINT LETTER MOTION for Extension of Time to File Response/Reply on Defendants' Motion to Dismiss addressed to Judge P. Kevin Castel from Jack G. Fruchter dated July 12, 2017., JOINT LETTER MOTION for Leave to File Excess Pages on Opposition and Reply addressed to Judge P. Kevin Castel from Jack G. Fruchter dated July 12, 2017. Document filed by Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff).Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC, 1:16-cv-07981-PKC(Porsch, Cassandra) |
|
Filing 207
ORDER: Defendants in In re: SunEdison, Inc. ERISA Litigation may file a motion to dismiss the Amended Consolidated Complaint no later than August 7, 2017. Plaintiffs shall respond to the motion by September 11, 2017. Any reply by defendants shall be filed by October 2, 2017. Rule 16(b)(3)(A) provides that a Court's "scheduling order must limit the time to... amend the pleadings.... " Pursuant to that authority, the Court hereby limits the time to amend the complaint as of right or move to amend to the later of the following: (a) the date to amend as of right under Rule 15, Fed. R. Civ. P.; or (b) 21 days from the filing of the motions to dismiss. (Motions due by 8/7/2017. Responses due by 9/11/2017. Replies due by 10/2/2017.) (Signed by Judge P. Kevin Castel on 7/6/2017) (jwh)
|
| Filing 206 MEMO ENDORSEMENT on re: (103 in 1:16-cv-08039-PKC, 205 in 1:16-md-02742-PKC) Letter, filed by Jerome Spindler, Clemens Schlettwein. ENDORSEMENT: Application granted. (Signed by Judge P. Kevin Castel on 6/30/2017) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-08039-PKC(kgo) |
| Filing 205 LETTER addressed to Judge P. Kevin Castel from Jeremy A. Lieberman dated June 30, 2017 re: to report that a mediated resolution has been reached. Document filed by Clemens Schlettwein, Jerome Spindler.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-08039-PKC(Lieberman, Jeremy) |
| Filing 204 LETTER addressed to Judge P. Kevin Castel from Robert I. Harwood dated June 23, 2017 re: in response to Defendants' June 9, 2017 letter. Document filed by ERISA Plaintiffs.(Harwood, Robert) |
|
Filing 203
MEMO ENDORSEMENT: on NOTICE OF WITHDRAWAL: ENDORSEMENT: SO ORDERED. Attorney Jacob Nachmani terminated. (Signed by Judge P. Kevin Castel on 6/22/2017) (ap)
|
|
Filing 202
ORDER: The Initial Pretrial Conference of June 22, 2017 in Gundin v. TerraForm Global, 17 Civ. 3113 (PKC) is adjourned. There will be an Initial Pretrial Conference in Gundin v. TerraForm Global and Zornoza v. TerraForm Global, 17 Civ. 4108 (PKC) on July 21, 2017 at 12 p.m. So ordered. (Initial Conference set for 7/21/2017 at 12:00 PM before Judge P. Kevin Castel). (Signed by Judge P. Kevin Castel on 6/14/2017) Filed In Associated Cases: 1:16-md-02742-PKC, 1:17-cv-03113-PKC, 1:17-cv-04108-PKC (rjm)
|
| Filing 201 MEMORANDUM OF LAW in Support re: #200 MOTION to Dismiss Copy of KPMG LLP's 6/9/2017 Notice of Motion to Dismiss Plaintiffs' Second Amended Complaint Pursuant to FRCP 12(b)(6). Copy of KPMG LLP's 6/9/2017 Memorandum of Law in Support of its Notice of Motion to Dismiss. Document filed by KPMG LLP. (Annand, Franklin) |
| Filing 200 MOTION to Dismiss Copy of KPMG LLP's 6/9/2017 Notice of Motion to Dismiss Plaintiffs' Second Amended Complaint Pursuant to FRCP 12(b)(6). Document filed by KPMG LLP. Responses due by 7/14/2017(Annand, Franklin) |
| Filing 199 DECLARATION of Jaime A. Bartlett in Support re: (100 in 1:16-cv-08039-PKC) MOTION to Dismiss the (91) Second Amended Securities Class Action Complaint.. Document filed by Ahmad Chatila, Brian Wuebbels, Antonio R. Alvarez, Jeremy Avenier, Clayton Daley, Jr., Emmanuel Hernandez, Matthew Herzberg, Georganne Proctor, Steven Tesoriere, Martin Truong, James B. Williams, Randy H. Zwirn, Ahmad R Chatila, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere. (Attachments: #1 Motions to Dismiss Exhibits List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4 - Part 1, #6 Exhibit 4 - Part 2, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7 - Part 1, #10 Exhibit 7 - Part 2, #11 Exhibit 8 - Part 1, #12 Exhibit 8 - Part 2, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12, #17 Exhibit 13, #18 Exhibit 14, #19 Exhibit 14A, #20 Exhibit 15, #21 Exhibit 15A, #22 Exhibit 16, #23 Exhibit 17, #24 Exhibit 18, #25 Exhibit 19, #26 Exhibit 20 - Part 1, #27 Exhibit 20 - Part 2, #28 Exhibit 21 - Part 1, #29 Exhibit 21 - Part 2, #30 Exhibit 21 - Part 3, #31 Exhibit 22, #32 Exhibit 23, #33 Exhibit 24, #34 Exhibit 25, #35 Exhibit 26, #36 Exhibit 27, #37 Exhibit 28, #38 Exhibit 29, #39 Exhibit 30, #40 Exhibit 31, #41 Exhibit 32, #42 Exhibit 33, #43 Exhibit 34, #44 Exhibit 35, #45 Exhibit 36, #46 Exhibit 37, #47 Exhibit 38, #48 Exhibit 39, #49 Exhibit 40, #50 Exhibit 41, #51 Exhibit 42)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC, 1:16-cv-07962-PKC, 1:16-cv-07981-PKC, 1:16-cv-08039-PKC(Bartlett, Jaime) |
| Filing 198 LETTER addressed to Judge P. Kevin Castel from Mark B. Blocker dated June 9, 2017 re: Pre-Motion Letter Regarding Motion To Dismiss the Amended Consolidated Complaint. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Matthew Herzberg, Matthew Martin, Phelps Morris, Georganne Proctor, SunEdison, Inc. Investment Committee, Steven Tesoriere, James Welsh, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Ahmad R Chatila, Clayton C. Daley, Jr, Emmanuel T Hernandez, Georganne C. Proctor, Steven V Tesoriere. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07950-PKC(Blocker, Mark) |
| Filing 197 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated June 9, 2017 re: motions to dismiss and requests for oral argument. Document filed by Ahmad Chatila, Brian Wuebbels, Antonio R. Alvarez, Jeremy Avenier, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, Martin Truong, James B. Williams, Randy H. Zwirn, Ahmad R Chatila.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC, 1:16-cv-07962-PKC, 1:16-cv-07967-PKC, 1:16-cv-08039-PKC(Brody, Sara) |
| Filing 196 LETTER addressed to Judge P. Kevin Castel from Victoria P. Lane dated June 9, 2017 re: requesting that the initial conference in the Perez action scheduled for June 22, 2017 be postponed and combined with the conference in the Domenech action and, if ultimately transferred to the MDL, with the third whistleblower action, Gaynor.. Document filed by Carlos Domenech Zornoza, Francisco J. Perez Gundin.Filed In Associated Cases: 1:16-md-02742-PKC, 1:17-cv-03113-PKC, 1:17-cv-04108-PKC(Lane, Victoria) |
| Filing 195 NOTICE OF CHANGE OF ADDRESS by Frank John Broccolo on behalf of Canyon Capital Advisors LLC, Kearny Investors S.A.R.L., Powell Investors II Limited Partnership, Powell Investors L.P., Permal Canyon IO Ltd., Canyon Balanced Master Fund, Ltd, Canyon Capital Arbitrage Master Fund, Ltd., Canyon Value Realization Fund LP, Canyon Value Realization Master Fund L.P., Canyon-GRF Master Fund II, L.P.. New Address: Law Office of Frank J. Broccolo, 7083 Hollywood Blvd., Los Angeles, CA, USA 90028, (310) 694-1795. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC, 1:16-cv-09566-PKC(Broccolo, Frank) |
|
Filing 194
ORDER: granting (192) Letter Motion for Leave to File Excess Pages in case 1:16-md-02742-PKC. Proposed Page extension granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/2/2017) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC (ap)
|
| Filing 193 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (Transfer Order) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Maryland, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge P. Kevin Castel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 5/31/2017) (sjo) |
| Filing 192 LETTER MOTION for Leave to File Excess Pages for the motion to dismiss briefing in the Horowitz action addressed to Judge P. Kevin Castel from Sara B. Brody dated May 30, 2017. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara) |
| Filing 191 AMENDED COMPLAINT amending #121 Amended Complaint,,, against Peter Blackmore, Ahmad Chatila, Clayton Daley, Jr., Does 1 - 30, Emmanuel Hernandez, Matthew Herzberg, SunEdison, Inc. Investment Committee, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, ERISA Defendants with JURY DEMAND.Document filed by ERISA Plaintiffs. Related document: #121 Amended Complaint,,, filed by Eric O'Day, Robert Linton, Richard Wheeler, Alexander Y Usenko.(Harwood, Robert) Modified on 5/22/2017 (pc). Modified on 5/23/2017 (pc). |
| Filing 190 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/13/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:16-md-02742-PKC et al.(McGuirk, Kelly) |
| Filing 189 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/13/2017 before Judge P. Kevin Castel. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/18/2017. Redacted Transcript Deadline set for 5/30/2017. Release of Transcript Restriction set for 7/26/2017.Filed In Associated Cases: 1:16-md-02742-PKC et al.(McGuirk, Kelly) |
| Filing 188 SECOND AMENDED COMPLAINT amending #119 Amended Complaint,, against Jeremy Avenier, BTG Pactual US Capital LLC, Barclays Capital Inc., Ahmad Chatila, Citigroup Global Markets Inc., Deutsche Bank Securities Inc., Goldman, Sachs & Co., ITAU BBA USA Securities, Inc., J.P. Morgan Securities LLC, Kotak Mahindra, Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC, SG Americas Securities, LLC, SMBC Nikko Securities America, Inc., Terraform Global, Inc., Martin Truong, Brian Wuebbels, Carlos Domenech Zornoza with JURY DEMAND.Document filed by Pyramid Holdings, Inc.. Related document: #119 Amended Complaint,, filed by Pyramid Holdings, Inc..(Porsch, Cassandra) |
| Filing 187 CERTIFIED TRUE COPY OF MDL ORDER FROM THE MDL PANEL LIFTING STAY OF CONDITIONAL TRANSFER ORDER... that the stay of the Panel's conditional transfer order designated as CTO-4, filed on 3/22/2017, is LIFTED and the action is transferred to the United States District Court - Southern District of New York for the coordinated or consolidated pretrial proceedings under 28 U.S.C. 1407 being conducted by the Honorable P. Kevin Castel. (Signed by MDL Panel on 4/13/2017) (sjo) |
|
Filing 186
ORDER: Defendants in the following actions may file their motions to dismiss by June 9, 2017: Horowitz, et al. v. SunEdison, Inc. et al.; In re Terraform Global, Inc. Securities Litigation; Chamblee, et al. v. TerraForm Power, Inc., et al.; Church v. Chatila, et al. Plaintiffs shall respond to the motion by July 14, 2017. Any reply by defendants shall be filed by August 4, 2017. (As further set forth in this Order.) Plaintiffs in In re: SunEdison, Inc. ERISA Litigation may amend their complaint by May 19, 2017. Any pre-motion letter is due 21 days thereafter. Any response to the pre-motion letter is due 14 days after the filing of the pre-motion letter. (Amended Pleadings due by 5/19/2017., Motions due by 6/9/2017., Responses due by 7/14/2017, Replies due by 8/4/2017.) (Signed by Judge P. Kevin Castel on 4/13/2017) (cf) Modified on 4/28/2017 (cf).
|
| Filing 185 MOTION for Tanya Korkhov to Withdraw as Attorney . Document filed by Alexander Y Usenko. (Attachments: #1 Text of Proposed Order)(Harwood, Robert) |
| Filing 184 LETTER addressed to Judge P. Kevin Castel from Kevin J. O'Connor dated April 13, 2017 re: SunEdison v. Securities Litigation. Document filed by Carlos Domenech Zornoza.(O'Connor, Kevin) |
| Filing 183 LETTER addressed to Judge P. Kevin Castel from Kevin J. O'Connor dated April 13, 2017 re: SunEdison v. Securities Litigation. Document filed by Francisco Perez Gundin. (Attachments: #1 Exhibit Order)(O'Connor, Kevin) |
| Minute Entry for proceedings held before Judge P. Kevin Castel: Case Management Conference held on 4/13/2017. Court set schedules. See, Order filed 4-13-17. (Court Reporter Steven Greenblum) (Nacanther, Florence) |
| Filing 182 STATUS REPORT. SUPPLEMENTAL STATUS REPORT Document filed by ERISA PLAINTIFFS.(Quitt, Daniella) |
| Filing 181 STATUS REPORT. SUPPLEMENTAL STATUS REPORT Document filed by Clemens Schlettwein, Jerome Spindler, Don Harris.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07962-PKC, 1:16-cv-08039-PKC(Lieberman, Jeremy) |
| Filing 180 STATUS REPORT. . Supplemental Status Report on behalf of Defendants Document filed by Antonio R. Alvarez, Jeremy Avenier, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Matthew Herzberg, Matthew Martin, Phelps Morris, Georganne Proctor, Steven Tesoriere, James Welsh, James B. Williams, Brian Wuebbels, Randy H. Zwirn.(Brody, Sara) |
| Filing 179 WAIVER OF SERVICE RETURNED EXECUTED. Francisco Perez Gundin waiver sent on 4/3/2017, answer due 6/2/2017. Document filed by Clemens Schlettwein; John Chamblee; Jerome Spindler. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-08039-PKC(Lieberman, Jeremy) |
| Filing 178 COMPLAINT against Ahmad Chatila, Brian Wuebbels. Document filed by Kyle Tervort, Don Harris.(Steven, Murielle) |
| Filing 177 NOTICE OF APPEARANCE by Kimberly Eden Carson on behalf of Kearny Investors S.A.R.L., Powell Investors II Limited Partnership, Powell Investors L.P.. (Carson, Kimberly) |
| Filing 176 NOTICE OF APPEARANCE by Jesse Bernstein on behalf of Kearny Investors S.A.R.L., Powell Investors II Limited Partnership, Powell Investors L.P.. (Bernstein, Jesse) |
| Filing 175 NOTICE OF APPEARANCE by Jordan Ari Goldstein on behalf of Canyon Capital Advisors LLC, Permal Canyon IO Ltd.. (Goldstein, Jordan) |
| Filing 174 NOTICE OF APPEARANCE by Jordan Ari Goldstein on behalf of Canyon - GRF Master Fund II, L.P., Canyon Balanced Master Fund, Ltd, Canyon Capital Advisors LLC, Canyon Capital Arbitrage Master Fund, Ltd., Canyon Value Realization Fund LP, The Canyon Value Realization Master Fund, L.P.. (Goldstein, Jordan) |
| Filing 173 COMPLAINT against Ahmad Chatila, Alejandro Hernandez, TerraForm Power, Inc., Brian Wuebbels, Carlos Domenech Zornoza, Francisco Perez Gundin. Document filed by Clemens Schlettwein, John Chamblee, Jerome Spindler.(Lieberman, Jeremy) |
| Filing 172 MEMO ENDORSEMENT on re: #171 Letter filed by Pyramid Holdings, Inc. ENDORSEMENT: File Amended Complaint by April 21. (Amended Pleadings due by 4/21/2017.) (Signed by Judge P. Kevin Castel on 3/24/2017) (cf) |
| Filing 171 LETTER addressed to Judge P. Kevin Castel from Cassandra L. Porsch dated 3/23/2017 re: Deadline Filing Clarification. Document filed by Pyramid Holdings, Inc..Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07981-PKC(Porsch, Cassandra) |
|
Filing 170
ORDER: There will be a pretrial conference in this case on April 13, 2017 at 2:30 p.m. (Pretrial Conference set for 4/13/2017 at 02:30 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 3/22/2017) (cf)
|
| Filing 169 MEMO ENDORSEMENT on re: (195 in 1:16-cv-07967-PKC, 143 in 1:16-md-02742-PKC) Letter, filed by Pyramid Holdings, Inc. ENDORSEMENT: Application in the last paragraph granted. File by March 24. (Signed by Judge P. Kevin Castel on 3/22/2017) (jwh) |
| Filing 168 MEMO ENDORSEMENT on re: (18 in 1:16-mc-02742-PKC) Letter, filed by SunEdison, Inc. Securities Class Action Plaintiffs, (146 in 1:16-md-02742-PKC) Letter, filed by Jerome Spindler, Clemens Schlettwein. ENDORSEMENT: Application in last paragraph is granted. ( Amended Pleadings due by 3/24/2017.) (Signed by Judge P. Kevin Castel on 3/22/2017) (jwh) |
| Filing 167 LETTER addressed to Judge P. Kevin Castel from Jeremy A. Lieberman dated March 21, 2017 Document filed by Clemens Schlettwein, Jerome Spindler, Don Harris, Kyle Tervort.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07962-PKC, 1:16-cv-08039-PKC(Lieberman, Jeremy) |
| Filing 166 LETTER addressed to Judge P. Kevin Castel from Max W. Berger dated 03/21/2017 re: Response to Defendants' March 17, 2017 Status Report. Document filed by Municipal Employees' Retirement System of Michigan, Municipal Employees Retirement System of Michigan.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) |
| Filing 165 SECOND AMENDED CONSOLIDATED COMPLAINT against Antonio R. Alvarez, Peter Blackmore, Ahmad Chatila, Clayton Daley, Jr., Deutsche Bank Securities Inc., Goldman, Sachs & Co., Emmanuel Hernandez, J.P. Morgan Securities LLC, KPMG LLP, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC, Georganne Proctor, Steven Tesoriere, Brian Wuebbels, Randy H. Zwirn with JURY DEMAND.Document filed by Municipal Employees' Retirement System of Michigan.(Graziano, Salvatore) Modified on 3/21/2017 (sjo). |
| Set/Reset Deadlines: Amended Pleadings due by 3/31/2017. Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07962-PKC(cla) |
|
Filing 164
ORDER granting (163 in case 1:16-md-02742-PKC) Letter Motion for Leave to File Second Amended Class Action Complaint no later than March 31, 2017 ; granting (62 in case 1:16-cv-07962-PKC) Letter Motion for Leave to File Second Amended Class Action Complaint no later than March 31, 2017. Application granted. (Signed by Judge P. Kevin Castel on 3/20/2017) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07962-PKC (cla)
|
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney to RE-FILE Document No. #161 Complaint,,. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading; - YOU MUST FILE A SECOND AMENDED COMPLAINT EVENT TO MATCH YOUR DOCUMENT. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (laq) |
| Filing 163 LETTER MOTION for Leave to File Second Amended Class Action Complaint no later than March 31, 2017 addressed to Judge P. Kevin Castel from Jeremy A. Lieberman dated March 17, 2017. Document filed by Don Harris.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07962-PKC(Lieberman, Jeremy) |
| Filing 162 STATUS REPORT. (on behalf of all Defendants) Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Matthew Herzberg, Matthew Martin, Phelps Morris, Georganne Proctor, Steven Tesoriere, James Welsh, James B. Williams, Brian Wuebbels, Randy H. Zwirn.(Brody, Sara) |
| Filing 161 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - - COMPLAINT against Antonio R. Alvarez, Peter Blackmore, Ahmad Chatila, Clayton Daley, Jr., Deutsche Bank Securities Inc., Goldman, Sachs & Co., Emmanuel Hernandez, J.P. Morgan Securities LLC, KPMG LLP, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn. (Filing Fee $ 400.00, Receipt Number 0208-13435947)Document filed by Municipal Employees' Retirement System of Michigan.(Graziano, Salvatore) Modified on 3/20/2017 (laq). |
| Filing 160 LETTER addressed to Judge P. Kevin Castel from Andrew J. Rossman, Jonathan E. Pickhardt and Frank J. Broccolo dated March 17, 2017 re: Response to the Court's December 19, 2016 Order (Dkt. 94). Document filed by Canyon - GRF Master Fund II, L.P., Canyon Balanced Master Fund, Ltd, Canyon Capital Advisors LLC, Canyon Capital Arbitrage Master Fund, Ltd., Canyon Value Realization Fund LP, Kearny Investors S.A.R.L., Permal Canyon IO Ltd., Powell Investors II Limited Partnership, Powell Investors L.P., The Canyon Value Realization Master Fund, L.P..(Rossman, Andrew) |
| Filing 159 STATUS REPORT. as required by the Court's Order of December 29, 2016 (Doc. No. 7 in 1:16-mc-2744) Document filed by ERISA Plaintiffs.Filed In Associated Cases: 1:16-md-02742-PKC et al.(Harwood, Robert) |
| Filing 158 STATUS REPORT. In response to the Courts December 19, 2016 Order, ECF No. 94. Document filed by Municipal Employees' Retirement System of Michigan, Municipal Employees Retirement System of Michigan.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC, 1:16-cv-07962-PKC, 1:16-cv-07981-PKC, 1:16-cv-08039-PKC(Graziano, Salvatore) |
|
Filing 157
MEMO ENDORSEMENT on re: (156 in 1:16-md-02742-PKC, 144 in 1:16-cv-07981-PKC) Letter, filed by Pyramid Holdings, Inc. ENDORSEMENT: Application granted. SO ORDERED. ( Amended Pleadings due by 4/21/2017.) (Signed by Judge P. Kevin Castel on 3/13/2017) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07981-PKC(mro)
|
| Filing 156 LETTER addressed to Judge P. Kevin Castel from Cassandra Porsch dated 3/10/17 re: Deadline to file amended consolidated class action complaint. Document filed by Pyramid Holdings, Inc..Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07981-PKC(Porsch, Cassandra) |
| Filing 155 LETTER addressed to Judge P. Kevin Castel from Dennis J. Herman dated March 1, 2017 re: Ninth Circuit Order. Document filed by Cobalt KC Partners, LP, Cobalt Offshore Master Fund, LP, Cobalt Partners II, LP, Cobalt Partners, LP., Glenview Capital Master Fund, Ltd., Glenview Capital Opportunity Fund, L.P., Glenview Capital Partners, L.P., Glenview Institutional Partners, L.P., Glenview Offshore Opportunity Master Fund, Ltd., Oklahoma Firefighters Pension and Retirement System, Omega Capital Investors, L.P., Omega Capital Partners, L.P., Omega Equity Investors, L.P., Omega Overseas Partners, Ltd.. (Attachments: #1 Exhibit 1- Ninth Circuit Orders)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07428-PKC, 1:16-cv-07995-PKC, 1:16-cv-08006-PKC, 1:16-cv-08032-PKC(Herman, Dennis) |
| Filing 154 MEMO ENDORSEMENT on re: (134 in 1:16-cv-07917-PKC, 153 in 1:16-md-02742-PKC) Letter, filed by Municipal Employees Retirement System of Michigan, Municipal Employees' Retirement System of Michigan. ENDORSEMENT: Application granted. File by 3/17/17. (Amended Pleadings due by 3/17/2017.) (Signed by Judge P. Kevin Castel on 2/28/2017) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(cf) |
| Filing 153 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 02/28/2017 Document filed by Municipal Employees' Retirement System of Michigan, Municipal Employees Retirement System of Michigan. (Attachments: #1 Exhibit 1, #2 Exhibit 2)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) |
| Filing 152 NOTICE OF APPEARANCE by Adam David Hollander on behalf of Municipal Employees' Retirement System of Michigan, Municipal Employees Retirement System of Michigan. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Hollander, Adam) |
| Filing 151 LETTER addressed to Judge P. Kevin Castel from Andrew J. Rossman and Frank J. Broccolo dated February 20, 2017 re: in Response to Defendants' Pre-Motion Letter (Dkt. 139). Document filed by Kearny Investors S.A.R.L., Powell Investors II Limited Partnership, Powell Investors L.P.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Rossman, Andrew) |
| Filing 150 LETTER addressed to Judge P. Kevin Castel from Jonathan E. Pickhardt and Frank J. Broccolo dated February 20, 2017 re: in Response to Defendants' Pre-Motion Letter (Dkt. 135). Document filed by Canyon Capital Advisors LLC, Permal Canyon IO Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Pickhardt, Jonathan) |
| Filing 149 LETTER addressed to Judge P. Kevin Castel from Jonathan E. Pickhardt and Frank J. Broccolo dated February 20, 2017 re: in Response to Defendants' Pre-Motion Letters (Dkts. 128 and 132). Document filed by Canyon - GRF Master Fund II, L.P., Canyon Balanced Master Fund, Ltd, Canyon Capital Advisors LLC, Canyon Capital Arbitrage Master Fund, Ltd., Canyon Value Realization Fund LP, The Canyon Value Realization Master Fund, L.P.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Pickhardt, Jonathan) |
| Filing 148 LETTER addressed to Judge P. Kevin Castel from Robert I. Harwood dated February 20, 2017 re: Response to Defendants' February 6, 2017 Pre-Motion Letter in 16-MC-2744. Document filed by Alexander Y Usenko, Richard Wheeler, Robert Linton, Eric O'Day.Filed In Associated Cases: 1:16-md-02742-PKC et al.(Quitt, Daniella) |
| Filing 147 LETTER addressed to Judge P. Kevin Castel from Jeremy A. Lieberman dated February 20, 2017 re: In re: SunEdison, Inc. Sec. Litig., No. 16-md-02742; 16-mc-2742 Response to Defendants' February 6, 2017 Pre-Motion Letter (Dkt. 57) in Church v. Chatila, No. 16-cv-07962. Document filed by Don Harris, Kyle Tervort.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07962-PKC(Lieberman, Jeremy) |
| Filing 146 LETTER addressed to Judge P. Kevin Castel from Jeremy A. Lieberman dated February 20, 2017 re: In re: SunEdison, Inc. Sec. Litig., No. 1: 16-md-02742-PKC - Response to Pre-Motion Letter in Chamblee v. TerraForm Power, Inc., No. 1:16-cv-08039 (1:16-mc-2742). Document filed by Clemens Schlettwein, Jerome Spindler.(Lieberman, Jeremy) |
| Filing 145 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated February 20, 2017 re: Response to Pre-Motion Letters Regarding Motions to Dismiss by the SunEdison, Inc. Securities Class Action Defendants (ECF No. 123) and KPMG LLP (ECF No. 141). Document filed by SunEdison, Inc. Securities Class Action Plaintiffs. Filed in Associated Cases: 1:16-MC-2742; 1:16-CV-07917. Document filed by Municipal Employees' Retirement System of Michigan.(Graziano, Salvatore) |
| Filing 144 LETTER addressed to Judge P. Kevin Castel from Dennis J. Herman dated 2/17/2017 re: Response to Pre-motion Letters. Document filed by Glenview Capital Master Fund, Ltd., Glenview Capital Opportunity Fund, L.P., Glenview Capital Partners, L.P., Glenview Institutional Partners, L.P., Glenview Offshore Opportunity Master Fund, Ltd., Cobalt KC Partners, LP, Cobalt Offshore Master Fund, LP, Cobalt Partners II, LP, Cobalt Partners, LP., Kingdon Associates, Kingdon Credit Master Fund, L.P., Kingdon Family Partnership, L.P., M. Kingdon Offshore Master Fund, L.P., Oklahoma Firefighters Pension and Retirement System, Omega Capital Investors, L.P., Omega Capital Partners, L.P., Omega Equity Investors, L.P., Omega Overseas Partners, Ltd..Filed In Associated Cases: 1:16-md-02742-PKC et al.(Herman, Dennis) |
| Filing 143 LETTER addressed to Judge P. Kevin Castel from Cassandra Porsch dated February 17, 2017 re: Response to Defendants' Pre-Motion Letter. Document filed by Pyramid Holdings, Inc..Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC, 1:16-cv-07981-PKC(Porsch, Cassandra) |
|
Filing 142
ORDER: In addition to filing on ECF, counsel are directed to send courtesy copies of all pre-motion letters directly to Chambers. This includes all letters of February 6, 2017, and any responses or replies. (Signed by Judge P. Kevin Castel on 2/9/2017) (cf)
|
| Filing 141 LETTER addressed to Judge P. Kevin Castel from Charles Wm. McIntyre dated February 6, 2017 re: Pre-Motion Letter Regarding Motion to Dismiss. Document filed by KPMG LLP.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Annand, Franklin) |
| Filing 140 LETTER addressed to Judge P. Kevin Castel from Mark B. Blocker dated February 6, 2017 re: Pre-Motion Letter Regarding Motion To Dismiss. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Matthew Herzberg, Matthew Martin, Phelps Morris, Georganne Proctor, SunEdison, Inc. Investment Committee, Steven Tesoriere, James Welsh, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Ahmad R Chatila, Clayton C. Daley, Jr, Emmanuel T Hernandez, Georganne C. Proctor, Steven V Tesoriere. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07950-PKC(Blocker, Mark) |
| Filing 139 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated February 6, 2017 re: Pre-Motion Letter Regarding Motion To Dismiss. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, Martin Truong, Marshall Turner, James B. Williams, Brian Wuebbels, Randy H. Zwirn.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09566-PKC(Brody, Sara) |
| Filing 138 LETTER addressed to Judge P. Kevin Castel from Michael Bongiorno dated February 6, 2017 re: VMT II Pre-Motion Letter Pursuant to the Court's December 19, 2016 Order. Document filed by Terraform Global, Inc..(Bongiorno, Michael) |
| Filing 137 LETTER addressed to Judge P. Kevin Castel from Michael Bongiorno dated February 6, 2017 re: Omega Pre-Motion Letter Pursuant to the Court's December 19, 2016 Order. Document filed by Terraform Global, Inc..(Bongiorno, Michael) |
| Filing 136 LETTER addressed to Judge P. Kevin Castel from Michael Bongiorno dated February 6, 2017 re: Oklahoma Firefighters Pre-Motion Letter Pursuant to the Court's December 19, 2016 Order. Document filed by Terraform Global, Inc..(Bongiorno, Michael) |
| Filing 135 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated February 6, 2017 re: Pre-Motion Letter Regarding Motion To Dismiss. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, Martin Truong, James B. Williams, Brian Wuebbels, Randy H. Zwirn.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09172-PKC(Brody, Sara) |
| Filing 134 LETTER addressed to Judge P. Kevin Castel from Michael Bongiorno dated February 6, 2017 re: Kingdon Pre-Motion Letter Pursuant to the Court's December 19, 2016 Order. Document filed by Terraform Global, Inc..(Bongiorno, Michael) |
| Filing 133 LETTER addressed to Judge P. Kevin Castel from Michael Bongiorno dated February 6, 2017 re: Global IPO Pre-Motion Letter Pursuant to the Court's December 19, 2016 Order. Document filed by Terraform Global, Inc..(Bongiorno, Michael) |
| Filing 132 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated February 6, 2017 re: Pre-Motion Letter Regarding Motion To Dismiss. Document filed by Antonio R. Alvarez, Jeremy Avenier, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, Martin Truong, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Clayton Daley, Jr.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC(Brody, Sara) |
| Filing 131 LETTER addressed to Judge P. Kevin Castel from Michael Bongiorno dated February 6, 2017 re: Glenview Pre-Motion Letter Pursuant to the Court's December 19, 2016 Order. Document filed by Terraform Global, Inc..(Bongiorno, Michael) |
| Filing 130 LETTER addressed to Judge P. Kevin Castel from Michael Bongiorno dated February 6, 2017 re: Chamblee Pre-Motion Letter Pursuant to the Court's December 20, 2016 Order. Document filed by Terraform Global, Inc..(Bongiorno, Michael) |
| Filing 129 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated February 6, 2017 re: Pre-Motion Letter Regarding Motion To Dismiss. Document filed by Antonio R. Alvarez, Jeremy Avenier, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, Martin Truong, James B. Williams, Brian Wuebbels, Randy H. Zwirn.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-08204-PKC(Brody, Sara) |
| Filing 128 LETTER addressed to Judge P. Kevin Castel from Michael Bongiorno dated February 6, 2017 re: Canyon I Pre-Motion Letter Pursuant to the Court's December 19, 2016 Order. Document filed by Terraform Global, Inc..(Bongiorno, Michael) |
| Filing 127 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated February 6, 2017 re: Pre-Motion Letter Regarding Motion To Dismiss. Document filed by Antonio R. Alvarez, Jeremy Avenier, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, Martin Truong, James B. Williams, Brian Wuebbels, Randy H. Zwirn.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07428-PKC(Brody, Sara) |
| Filing 126 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated February 6, 2017 re: Pre-Motion Letter Regarding Motion To Dismiss. Document filed by Antonio R. Alvarez, Jeremy Avenier, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, Martin Truong, James B. Williams, Brian Wuebbels, Randy Zwirn, Randy H. Zwirn.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-08032-PKC(Brody, Sara) |
| Filing 125 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated February 6, 2017 re: Pre-Motion Letter Regarding Motion To Dismiss. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr, Emmanuel T Hernandez, Georganne Proctor, Martin Truong, Steven Tseoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Clayton Daley, Jr., Emmanuel Hernandez, Steven Tesoriere.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-08006-PKC(Brody, Sara) |
| Filing 124 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated February 6, 2017 re: Pre-Motion Letter Regarding Motion To Dismiss. Document filed by Ahmad Chatila, Brian Wuebbels, Ahmad R Chatila.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07962-PKC(Brody, Sara) |
| Filing 123 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated February 6, 2017 re: Pre-Motion Letter Regarding Motion To Dismiss. Document filed by Antonio R. Alvarez, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Antonio Alvarez, Clayton C. Daley, Jr, Steven V Tesoriere.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Brody, Sara) |
| Filing 122 LETTER addressed to Judge P. Kevin Castel from Dennis J. Herman dated February 3, 2017 re: Response to Defendants' January 13, 2017 Letter. Document filed by Oklahoma Firefighters Pension and Retirement System. (Attachments: #1 Exhibit 1 - Petition for Permission to Appeal, #2 Exhibit 2 - Plaintiffs' Supplemental Brief, #3 Exhibit 3 - Defendants' Supplemental Brief)(Herman, Dennis) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Robert Harwood re: Document No. #121 Amended Complaint. The filing is deficient for the following reason(s): THE ATTORNEY LISTED AN MC CASE NUMBER ON THE CAPTION, PLEASE FILE AN EXHIBIT TO THE PLEADING EVENT WITH COURTS LEAVE (laq) |
| Filing 121 FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE - AMENDED COMPLAINT amending #119 Amended Complaint,, against Antonio R. Alvarez, Peter Blackmore, Ahmad Chatila, Clayton Daley, Jr., Does 1 - 30, Emmanuel Hernandez, Matthew Herzberg, Georganne Proctor, SunEdison, Inc. Investment Committee, Steven Tesoriere, James B. Williams, Brian Wuebbels, Randy H. Zwirn, Phelps Morris, Matthew Martin, James Welsh with JURY DEMAND.Document filed by Alexander Y Usenko, Robert Linton, Eric O'Day(individually and on behalf of the Sun Edison Retirement Savings Plan, and all other similarly situated plan participants and beneficiaries ), Richard Wheeler(on behalf of Himself and derivatively on behalf of the SunEdison Retirement Savings Plan). Related document: #119 Amended Complaint,, filed by Pyramid Holdings, Inc..(Harwood, Robert) Modified on 1/17/2017 (pc). Modified on 1/18/2017 (laq). |
| Filing 120 NOTICE of FILING OF AMENDED COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS ("Vivint" Action). Document filed by Don Harris, Kyle Tervort. (Attachments: #1 Certification)(Steven, Murielle) |
| Filing 119 AMENDED COMPLAINT against Jeremy Avenier, BTG Pactual US Capital LLC, Barclays Capital Inc., Ahmad Chatila, Citigroup Global Markets Inc., Deutsche Bank Securities Inc., Goldman, Sachs & Co., ITAU BBA USA Securities, Inc., J.P. Morgan Securities LLC, Kotak Mahindra, Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC, SG Americas Securities, LLC, SMBC Nikko Securities America, Inc., Terraform Global, Inc., Martin Truong, Brian Wuebbels, Carlos Domenech Zornoza with JURY DEMAND.Document filed by Pyramid Holdings, Inc..(Fruchter, Jack) |
| Filing 118 LETTER addressed to Judge P. Kevin Castel from Dorothy J. Spenner dated January 13, 2017 re: Response on behalf of Defendants' to the Court's December 19, 2016. Document filed by Antonio R. Alvarez, Jeremy Avenier, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, Martin Truong, James B. Williams, Brian Wuebbels, Randy H. Zwirn.(Spenner, Dorothy) |
| Filing 117 NOTICE OF APPEARANCE by Adam Joshua Goldstein on behalf of BTG Pactual US Capital LLC, Barclays Capital Inc., Citigroup Global Markets Inc., Deutsche Bank Securities Inc., Goldman, Sachs & Co., ITAU BBA USA Securities, Inc., J.P. Morgan Securities LLC, Kotak Mahindra, Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC, SG Americas Securities, LLC, SMBC Nikko Securities America, Inc.,, Morgan Stanley & Co. LLC, BTG Pactual US Capital LLC, Credit Agricole CIB, Credit Suisse, Goldman Sachs & Co, MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Santander, Societe Generale, Goldman Sachs & Co., Merrill Lynch Pierce Fenner & Smith Incorporated, Macquarie Capital (USA) Inc., Barclays Capital Inc., Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, Morgan Stanley & Co. LLC, SMBC Nikko Securities Americas, Inc., Deutsche Bank Securities Inc., J.P Morgan Securities LLC, Merrill Lynch Pierce Fenner & Smith Inc, Morgan Stanley & Co L.L.C.. Filed In Associated Cases: 1:16-md-02742-PKC et al.(Goldstein, Adam) |
|
Filing 116
ORDER granting (115) Motion for James V. Noblett to Appear Pro Hac Vice in case 1:16-md-02742-PKC; granting (108) Motion for James V. Noblett to Appear Pro Hac Vice in case 1:16-cv-07950-PKC (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07950-PKC (Castel, P.)
|
| Filing 115 MOTION for James V. Noblett to Appear Pro Hac Vice on behalf of Defendant, State Street Bank & Trust Co.. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State Street Bank & Trust Co., STATE STREET BANK & TRUST CO. (Attachments: #1 Affidavit Declaration of James V. Noblett in support of Motion for Pro Hac Vice Admission and *CERTIFICATE OF GOOD STANDINGS from the Supreme Court of New Jersey Issued December 16, 2016., #2 Text of Proposed Order, #3 Supplement Receipt for Payment)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07950-PKC(Noblett, James) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (115 in 1:16-md-02742-PKC, 108 in 1:16-cv-07950-PKC) MOTION for James V. Noblett to Appear Pro Hac Vice on behalf of Defendant, State Street Bank > Trust Co.. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07950-PKC(wb) |
|
Filing 114
MEMO ENDORSEMENT on re: #110 Letter, filed by Powell Investors L.P., Powell Investors II Limited Partnership, Kearny Investors S.A.R.L. ENDORSEMENT: Agreement in Section I is adopted as an Order of the Court. SO ORDERED. Approved. Approved. (Signed by Judge P. Kevin Castel on 1/6/2017) (mro)
|
| Filing 113 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/19/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 112 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/19/2016 before Judge P. Kevin Castel. Court Reporter/Transcriber: Martha Martin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/27/2017. Redacted Transcript Deadline set for 2/6/2017. Release of Transcript Restriction set for 4/6/2017.(McGuirk, Kelly) |
| Filing 111 LETTER addressed to Judge P. Kevin Castel from Jonathan E. Pickhardt and Frank J. Broccolo dated January 6, 2017 re: to Provide Information Required by the Court's October 26, 2016 Order. Document filed by Canyon - GRF Master Fund II, L.P., Canyon Balanced Master Fund, Ltd, Canyon Capital Advisors LLC, Canyon Capital Arbitrage Master Fund, Ltd., Canyon Value Realization Fund LP, Permal Canyon IO Ltd., The Canyon Value Realization Master Fund, L.P..(Pickhardt, Jonathan) |
| Filing 110 LETTER addressed to Judge P. Kevin Castel from Andrew J. Rossman and Frank J. Broccolo dated January 6, 2017 re: to Provide Information Required by the Court's October 26, 2016 Order (Dkt. No. 21). Document filed by Kearny Investors S.A.R.L., Powell Investors II Limited Partnership, Powell Investors L.P..(Rossman, Andrew) |
| Filing 109 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 12/19/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 108 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/19/2016 before Judge P. Kevin Castel. Court Reporter/Transcriber: Martha Martin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/20/2017. Redacted Transcript Deadline set for 1/30/2017. Release of Transcript Restriction set for 3/30/2017.(McGuirk, Kelly) |
| Filing 107 DECLARATION of Robert I. Harwood in Support re: #105 MOTION to Appoint Counsel ERISA Plaintiffs' Motion for Entry of Proposed Pre-Trial Order Appointing Interim Lead Class Counsel.. Document filed by Robert Linton, Eric O'Day(individually and on behalf of the Sun Edison Retirement Savings Plan, and all other similarly situated plan participants and beneficiaries ), Alexander Y Usenko, Richard Wheeler(on behalf of Himself and derivatively on behalf of the SunEdison Retirement Savings Plan). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Harwood, Robert) |
| Filing 106 MEMORANDUM OF LAW in Support re: #105 MOTION to Appoint Counsel ERISA Plaintiffs' Motion for Entry of Proposed Pre-Trial Order Appointing Interim Lead Class Counsel. . Document filed by Robert Linton, Eric O'Day(individually and on behalf of the Sun Edison Retirement Savings Plan, and all other similarly situated plan participants and beneficiaries ), Alexander Y Usenko, Richard Wheeler(on behalf of Himself and derivatively on behalf of the SunEdison Retirement Savings Plan). (Harwood, Robert) |
| Filing 105 MOTION to Appoint Counsel ERISA Plaintiffs' Motion for Entry of Proposed Pre-Trial Order Appointing Interim Lead Class Counsel. Document filed by Robert Linton, Eric O'Day(individually and on behalf of the Sun Edison Retirement Savings Plan, and all other similarly situated plan participants and beneficiaries ), Alexander Y Usenko, Richard Wheeler(on behalf of Himself and derivatively on behalf of the SunEdison Retirement Savings Plan).(Harwood, Robert) |
| Filing 104 MEMO ENDORSEMENT on re: (102 in 1:16-md-02742-PKC) Letter, filed by SunEdison, Inc. Investment Committee, Emmanuel Hernandez, Steven Tesoriere, Antonio R. Alvarez, Ahmad Chatila, Georganne Proctor, Clayton Daley, Jr., Jeremy Avenier, James B. Williams, Martin Truong, Brian Wuebbels, Randy H. Zwirn. ENDORSEMENT: The motions to dismisss by defendants in 16 cv 8006, 16 cv 8032, 16 cv 7428 are deemed withdrawn without prejudice. (Signed by Judge P. Kevin Castel on 12/22/2016) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07428-PKC, 1:16-cv-08006-PKC, 1:16-cv-08032-PKC(cf) |
|
Filing 103
ORDER ORDER APPOINTING PYRAMID HOLDINGS, INC. AS LEAD PLAINTIFF AND ITS COUNSEL ABRAHAM, FRUCHTER & TWERSKY, LLP AS LEAD COUNSEL AND CONSOLIDATING RELATED ACTIONS granting (99) Letter Motion to Consolidate Cases in case 1:16-md-02742-PKC. Pyramid is appointed to serve as Lead Plaintiff in the above-captioned actions, pursuant to 15 U.S.C. 78u-4(a)(3)(B). The law firm of Abraham, Fruchter & Twersky, LLP is hereby approved as Lead Counsel for the Class. Pyramid shall file a consolidated class action complaint by January 16, 2017. (As further set forth in this Order.) (Signed by Judge P. Kevin Castel on 12/22/2016) Filed In Associated Cases: 1:16-md-02742-PKC et al. (cf)
|
| Filing 102 LETTER addressed to Judge P. Kevin Castel from Sara B. Brody dated December 22, 2016 re: Defendants' Pending Motions to Dismiss and All Related Joinders in Cases 16-cv-08006, 16-cv-08032 and 16-cv-07428. Document filed by Antonio R. Alvarez, Jeremy Avenier, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, SunEdison, Inc. Investment Committee, Steven Tesoriere, Martin Truong, James B. Williams, Brian Wuebbels, Randy H. Zwirn.(Brody, Sara) |
| Filing 101 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for James V. Noblett to Appear Pro Hac Vice with Exhibit "A" [a Certificate of Good Standing issued December 16, 2016 from the Supreme Court of New Jersey]. Filing fee $ 200.00, receipt number 0208-13128200. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State Street Bank & Trust Co., STATE STREET BANK & TRUST CO. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07950-PKC(Noblett, James) Modified on 12/22/2016 (wb). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Thomas James McKenna to RE-FILE Document #64 MOTION to Transfer Case . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. (107 in 1:16-cv-07950-PKC, 101 in 1:16-md-02742-PKC) MOTION for James V. Noblett to Appear Pro Hac Vice with Exhibit "A" [a Certificate of Good Standing issued December 16, 2016 from the Supreme Court of New Jersey]. Filing fee $ 200.00, receipt number 0208-13128200. >FONT CO.. The filing is deficient for the following reason(s): Missing the Attorney's AFFADAVIT;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07950-PKC(wb) |
| Set/Reset Deadlines: Amended Pleadings due by 1/16/2017. Associated Cases: 1:16-md-02742-PKC et al.(cf) |
| Filing 100 NOTICE OF VOLUNTARY DISMISSAL: Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), Plaintiff Juan M. Rodriguez Beltran hereby provides notice of dismissal of the above-captioned action, Beltran v. Terraform Glob., Inc., et al., No. 1:16-cv- 7967-PKC (S.D.N.Y.), without prejudice. (Signed by Judge P. Kevin Castel on 12/21/2016) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC(cla) |
| Filing 99 LETTER MOTION to Consolidate Cases 16-cv-07967 16-cv-07981 16-cv-07996 16-cv-07997 16-cv-08003 and to Finalize Appointment of Lead Plaintiff and Lead Counsel addressed to Judge P. Kevin Castel from Cassandra Porsch dated December 21 2016. Document filed by Pyramid Holdings, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07981-PKC(Porsch, Cassandra) |
|
Filing 98
ORDER APPOINTING LEAD PLAINTIFF AND APPROVING SELECTION OF COUNSEL: IT IS HEREBY ORDERED THAT: 1. Having reviewed all pending Motions and accompanying Memoranda of Law, the Court hereby appoints Don Harris ("Harris") as Lead Plaintiff in the above captioned action brought by shareholder of Vivint Solar, Inc. (the "Action"). Harris satisfies the requirements for Lead Plaintiff pursuant to Section 21D(a)(3)(B)(iii) of the Private Securities Litigation Reform Act of 1995 ("PSLRA"). 2. Lead Plaintiff, pursuant to Section21D(a)(3)(B)(v) of the PSLRA, has selected and retained Pomerantz LLP as Lead Counsel and Wehrle Law LLC as Liaison Counsel in the Action. 3. Lead Counsel shall have the following responsibilities and duties, to be carried out either personally or through counsel whom Lead Counsel shall designate (a) to coordinate the briefing and argument of motions; (b) to coordinate the conduct of discovery proceedings; (c) to coordinate the examination of witnesses in depositions; (d) to coordinate the selection of counsel to act as a spokesperson at pretrial conferences; (e) to call meetings of the plaintiffs' counsel as they deem necessary and appropriate from time to time; (f) to coordinate all settlements negotiations with counsel for defendants; (g) to coordinate and direct the pretrial discovery proceedings and the preparation for trial and the trial of this matter and to delegate work responsibilities to selected counsel as may be required; and (h) to supervise any other matters concerning the prosecution, resolution or settlement of the Action. 4. No motion, request for discovery, or other pretrial proceedings shall be initiated or filed by any plaintiffs without the approval of Lead Counsel, so as to prevent duplicative pleadings or discovery by plaintiffs. No settlement negotiations shall be conducted without the approval of Lead Counsel. 5. Counsel in any related action that is consolidated with this Action shall be bound by this organization of plaintiffs' counsel. 6. Lead Counsel shall have the responsibility of receiving and disseminating Court orders and notices. 7. Lead Counsel shall be the contact between plaintiffs' counsel, and shall direct and coordinate the activities of plaintiffs' counsel. 8. Defendants shall effect service of papers on plaintiffs by serving a copy of same Lead Counsel by overnight mail service, electronic or hand delivery. Plaintiffs shall effect service of papers on defendants by serving a copy of same on defendants' counsel by overnight mail service, electronic or hand delivery. 9. During the pendency of this litigation, or until further order of this Court, the parties shall take reasonable steps to preserve all documents within their possession, custody, or control, including computer-generated and stored information, and materials such as computerized data and electronic mail, containing information which is relevant or which may lead to the discovery of information relevant to the subject matter of the pending litigation. (Signed by Judge P. Kevin Castel on 12/21/2016) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07962-PKC(mro)
|
|
Filing 97
ORDER granting (96) Motion for Frank J. Broccolo to Appear Pro Hac Vice in case 1:16-md-02742-PKC; granting (80) Motion for Frank J. Broccolo to Appear Pro Hac Vice in case 1:16-cv-09171-PKC; granting (70) Motion for Frank J. Broccolo to Appear Pro Hac Vice in case 1:16-cv-09172-PKC; granting (25) Motion for Frank J. Broccolo to Appear Pro Hac Vice in case 1:16-cv-09566-PKC (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC, 1:16-cv-09566-PKC (Castel, P.)
|
| Filing 96 MOTION for Frank J. Broccolo to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Canyon Capital Advisors LLC, Permal Canyon IO Ltd., Kearny Investors S.A.R.L., Powell Investors II Limited Partnership, Powell Investors L.P., Canyon - GRF Master Fund II, L.P., Canyon Balanced Master Fund, Ltd, Canyon Capital Arbitrage Master Fund, Ltd., Canyon Value Realization Fund LP, The Canyon Value Realization Master Fund, L.P., Canyon Value Realization Master Fund L.P., Canyon-GRF Master Fund II, L.P..Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC, 1:16-cv-09566-PKC(Broccolo, Frank) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (25 in 1:16-cv-09566-PKC, 96 in 1:16-md-02742-PKC, 80 in 1:16-cv-09171-PKC, 70 in 1:16-cv-09172-PKC) MOTION for Frank J. Broccolo to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC, 1:16-cv-09566-PKC(wb) |
|
Filing 95
ORDER: In light of the consolidation of certain class actions in the above-captioned case, as stated on the record at a pretrial conference held today, the Clerk is directed to administratively close the following actions: Bloom v. SunEdison, Inc., 16 Civ 7427(PKC); Bloom v. Goldman, Sachs & Co., 16 Civ. 7528(PKC); Beltran v. TerraForm Global, Inc., 16 Civ. 7967(PKC); Badri v. TerraForm Global, Inc., 16 Civ. 7996(PKC); Iron Workers Mid-South Pension Fund v. TerraForm Global, Inc., 16 Civ. 7997(PKC); Fraser v. TerraForm Global, Inc., 16 Civ. 8003(PKC); Moodie v. SunEdison, Inc., 16 Civ. 8113(PKC); and Kunz v. SunEdison, Inc., 16 Civ. 8118(PKC). (Signed by Judge P. Kevin Castel on 12/19/2016) Filed In Associated Cases: 1:16-md-02742-PKC et al.(mro)
|
|
Filing 94
ORDER: There is a limited pool of directors and officers liability insurance available to cover certain defendants in this Multi-District Litigation. The debtor has noted that the costs incurred by directors and officers in defending these actions will erode coverage limits. The parties are directed to participate in a private mediation. It is anticipated that the mediation will include non-parties such as Sun Edison's Creditors' Committee and the plaintiff in the derivative action in the Delaware Chancery Court. To preserve the available coverage, there will be a one-time, limited stay of all actions that are part of this MDL, which will expire on March 31, 2017. A status report is required by March 17, 2017, and the Court does not anticipate extending the stay absent a breakthrough development or other good cause. The limited stay does not preclude the filing of amended complaints, pre-motion letters, submissions related to the appointment of lead plaintiffs or lead counsel, or the other procedural matters raised at today's pretrial conference. Contingent on the appointment of lead counsel, Amended Consolidated Class Action Complaints in Pyramid Holdings v. TerraForm Global, Inc., et al., 16 Civ. 7981(PKC), Church. Chatila, et al., 16 Civ. 7962(PKC) and Usenko v. SunEdison, Inc., et al., 16 Civ. 7950(PKC) shall be filed no later than January 16, 2017. Submissions for the appointment of lead counsel in the ERISA class action shall be made no later than January 6, 2017. For all actions, the contemplated grounds for any proposed motion to dismiss shall be set forth in a pre-motion letter to be filed no later than February 6, 2017, with any response due February 20, 2017. Defendants' letter brief concerning the status of Oklahoma Firefighters Pension and Retirement System v. SunEdison, Inc., et al., 16 Civ. 7995(PKC), is due January 16, 2017, with plaintiff's response due February 3, 2016. The time for any party to answer or move is stayed pending further action by the Court. ( Amended Pleadings due by 1/16/2017., Brief due by 1/16/2017., Responses to Brief due by 2/3/2017) (Signed by Judge P. Kevin Castel on 12/19/2016) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07950-PKC, 1:16-cv-07962-PKC, 1:16-cv-07981-PKC, 1:16-cv-07995-PKC(mro)
|
| Filing 93 LETTER addressed to Judge P. Kevin Castel from Jennifer C. Ryan dated 12-19-2016 re: Status Conference on 12-19-2016. Document filed by Peter Blackmore, Ahmad Chatila, James B. Williams.(Ryan, Jennifer) |
| Minute Entry for proceedings held before Judge P. Kevin Castel: Case Management Conference held on 12/19/2016. See Order following today's conference. (Court Reporter Martha Martin) (Nacanther, Florence) |
| Filing 92 LETTER addressed to Judge P. Kevin Castel from Adam S. Hakki dated December 16, 2016 re: Response to Opposition (Dkt. No. 90) to December 12, 2016 Letter (Dkt. No. 70). Document filed by BTG Pactual US Capital LLC, Barclays Capital Inc., Citigroup Global Markets Inc., Credit Agricole CIB, Credit Suisse, Deutsche Bank Securities Inc., Goldman, Sachs & Co., ITAU BBA USA Securities, Inc., J.P. Morgan Securities LLC, Kotak Mahindra, Inc., MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC, SG Americas Securities, LLC, SMBC Nikko Securities America, Inc., Santander.(Hakki, Adam) |
| Filing 91 LETTER addressed to Judge P. Kevin Castel from Dennis J. Herman dated December 16, 2016 re: Further Response to December 12, 2016 Letter (Dkt. No. 71). Document filed by Cobalt KC Partners, LP, Cobalt Offshore Master Fund, LP, Cobalt Partners II, LP, Cobalt Partners, LP., Glenview Capital Master Fund, Ltd., Glenview Capital Opportunity Fund, L.P., Glenview Capital Partners, L.P., Glenview Institutional Partners, L.P., Glenview Offshore Opportunity Master Fund, Ltd., Kingdon Associates, Kingdon Credit Master Fund, L.P., Kingdon Family Partnership, L.P., M. Kingdon Offshore Master Fund, L.P., Oklahoma Firefighters Pension and Retirement System, Omega Capital Investors, L.P., Omega Capital Partners, L.P., Omega Equity Investors, L.P., Omega Overseas Partners, Ltd., VMT II, LLC.(Herman, Dennis) |
| Filing 90 MEMORANDUM OF LAW in Opposition re: #71 Letter,, . Document filed by Canyon - GRF Master Fund II, L.P., Canyon Balanced Master Fund, Ltd, Canyon Capital Advisors LLC, Canyon Capital Arbitrage Master Fund, Ltd., Canyon Value Realization Fund LP, Kearny Investors S.A.R.L., Permal Canyon IO Ltd., Powell Investors II Limited Partnership, Powell Investors L.P., The Canyon Value Realization Master Fund, L.P.. (Rossman, Andrew) |
| Filing 89 LETTER addressed to Judge P. Kevin Castel from Adam S. Hakki dated December 16, 2016 re: Stay Mediation Request. Document filed by BTG Pactual US Capital LLC, Barclays Capital Inc., Citigroup Global Markets Inc., Credit Agricole CIB, Credit Suisse, Deutsche Bank Securities Inc., Goldman, Sachs & Co., ITAU BBA USA Securities, Inc., J.P. Morgan Securities LLC, Kotak Mahindra, Inc., MCS Capital Markets, LLC, Macquarie Capital (USA) Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC, SG Americas Securities, LLC, SMBC Nikko Securities America, Inc., Santander.(Hakki, Adam) |
| Filing 88 LETTER addressed to Judge P. Kevin Castel from Thomas J. McKenna dated December 15, 2016 re: Status Conference on December 19, 2016. Document filed by Manuel Acosta.(McKenna, Thomas) |
| Filing 87 NOTICE OF APPEARANCE by Douglas Michael Foley on behalf of KPMG LLP. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Foley, Douglas) |
| Filing 86 NOTICE OF APPEARANCE by Lawrence Donald Levit on behalf of Pyramid Holdings, Inc.. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07981-PKC(Levit, Lawrence) |
|
Filing 85
MEMO ENDORSEMENT on re: #83 Letter, filed by VMT II, LLC, M. Kingdon Offshore Master Fund, L.P., Omega Capital Investors, L.P., Cobalt Offshore Master Fund, LP, Cobalt Partners II, LP, Kingdon Family Partnership, L.P., Oklahoma Firefighters Pension and Retirement System, Glenview Capital Master Fund, Ltd., Omega Capital Partners, L.P., Cobalt KC Partners, LP, Kingdon Associates, Cobalt Partners, LP., Glenview Offshore Opportunity Master Fund, Ltd., Omega Equity Investors, L.P., Glenview Capital Opportunity Fund, L.P., Glenview Institutional Partners, L.P., Glenview Capital Partners, L.P., Omega Overseas Partners, Ltd., Kingdon Credit Master Fund, L.P. ENDORSEMENT: The Non-Class Action Plaintiffs should fully respond, if they wish to do so, to the application of the SUNE defendants prior to the December 19 conference. SO ORDERED. (Signed by Judge P. Kevin Castel on 12/15/2016) (ama)
|
| Filing 84 LETTER addressed to Judge P. Kevin Castel from Michael G. Bongiorno dated December 15, 2016 re: position of the YieldCos concerning the proposed stay and mediation. Document filed by TerraForm Power, Inc., Terraform Global, Inc., TerraForm Global, LLC.Filed In Associated Cases: 1:16-md-02742-PKC et al.(Bongiorno, Michael) |
| Filing 83 LETTER addressed to Judge P. Kevin Castel from Dennis J. Herman dated December 14, 2016 re: Response to December 12, 2016 Letter (Dkt. No. 71). Document filed by Cobalt KC Partners, LP, Cobalt Offshore Master Fund, LP, Cobalt Partners II, LP, Cobalt Partners, LP., Glenview Capital Master Fund, Ltd., Glenview Capital Opportunity Fund, L.P., Glenview Capital Partners, L.P., Glenview Institutional Partners, L.P., Glenview Offshore Opportunity Master Fund, Ltd., Kingdon Associates, Kingdon Credit Master Fund, L.P., Kingdon Family Partnership, L.P., M. Kingdon Offshore Master Fund, L.P., Oklahoma Firefighters Pension and Retirement System, Omega Capital Investors, L.P., Omega Capital Partners, L.P., Omega Equity Investors, L.P., Omega Overseas Partners, Ltd., VMT II, LLC. (Attachments: #1 Exhibit 1 - Response Filed in Bankruptcy Court)(Herman, Dennis) |
| Filing 82 NOTICE OF APPEARANCE by Max Wallace Berger on behalf of Municipal Employees Retirement System of Michigan. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Berger, Max) |
| Filing 81 NOTICE OF APPEARANCE by James Eric Ivester on behalf of SUNEDISON, INC.. (Ivester, James) |
| Filing 80 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Frank J. Broccolo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13097005. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Canyon Capital Advisors LLC, Kearny Investors S.A.R.L., Powell Investors II Limited Partnership, Powell Investors L.P., Canyon - GRF Master Fund II, L.P., Canyon Balanced Master Fund, Ltd, Canyon Capital Arbitrage Master Fund, Ltd., Canyon Value Realization Fund LP, Permal Canyon IO Ltd., The Canyon Value Realization Master Fund, L.P., Canyon Value Realization Master Fund L.P., Canyon-GRF Master Fund II, L.P.. (Attachments: #1 Certificates of Good Standing, #2 Text of Proposed Order)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC, 1:16-cv-09566-PKC(Broccolo, Frank) Modified on 12/14/2016 (wb). |
| Filing 79 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 12/14/2016 Document filed by Municipal Employees Retirement System of Michigan.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Graziano, Salvatore) |
| Filing 78 LETTER addressed to Judge P. Kevin Castel from Jeremy A. Lieberman dated December 14, 2016 re: write to respond to the December 12, 2016 letter from SunEdison, Inc. (SunEdison) and certain of its affiliates in chapter 11 bankruptcy proceedings. Document filed by John Chamblee, Darcy Church, Clemens Schlettwein, Jerome Spindler, Don Harris.(Lieberman, Jeremy) |
| Filing 77 NOTICE OF APPEARANCE by Jonathan Pickhardt on behalf of Canyon Capital Advisors LLC, Permal Canyon IO Ltd.. (Pickhardt, Jonathan) |
| Filing 76 NOTICE OF APPEARANCE by Jonathan Pickhardt on behalf of Canyon - GRF Master Fund II, L.P., Canyon Balanced Master Fund, Ltd, Canyon Capital Advisors LLC, Canyon Capital Arbitrage Master Fund, Ltd., Canyon Value Realization Fund LP. (Pickhardt, Jonathan) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. (69 in 1:16-cv-09172-PKC, 78 in 1:16-cv-09171-PKC, 24 in 1:16-cv-09566-PKC) MOTION for Frank J. Broccolo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13097005. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-09171-PKC, 1:16-cv-09172-PKC, 1:16-cv-09566-PKC(wb) |
| Filing 75 NOTICE OF APPEARANCE by Andrew J. Rossman on behalf of Kearny Investors S.A.R.L., Powell Investors II Limited Partnership, Powell Investors L.P.. (Rossman, Andrew) |
| Filing 74 NOTICE OF APPEARANCE by Jordan Ari Goldstein on behalf of Kearny Investors S.A.R.L., Powell Investors II Limited Partnership, Powell Investors L.P.. (Goldstein, Jordan) |
|
Filing 73
NOTICE OF WITHDRAWAL OF JIE LI AS COUNSEL OF RECORD AND ORDER: PLEASE TAKE NOTICE that attorney Jie Li, is hereby withdrawn as counsel of record for Defendants TerraForm Global, Inc. and Peter Blackmore, in the above-captioned matter. (Attorney Jie Li terminated.) (Signed by Judge P. Kevin Castel on 12/12/16) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07427-PKC(cla)
|
|
Filing 72
NOTICE OF WITHDRAWAL OF TIFFANY TEJEDA-RODRIGUEZ AS COUNSEL OF RECORD AND ORDER: PLEASE TAKE NOTICE that attorney Tiffany Tejeda-Rodriguez, is hereby withdrawn as counsel of record for Defendants TerraForm Global, Inc. and Peter Blackmore, in the above-captioned matters. (Attorney Tiffany Tejeda-Rodriguez terminated.) (Signed by Judge P. Kevin Castel on 12/12/2016) Filed In Associated Cases: 1:16-md-02742-PKC et al.(cla)
|
| Filing 71 JOINT LETTER addressed to Judge P. Kevin Castel from Anthony W. Clark and Sara B. Brody dated December 12, 2016 re: Stay. Document filed by Antonio R. Alvarez, Jeremy Avenier, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Matthew Herzberg, Georganne Proctor, SUNEDISON, INC., SunEdison, Inc. Investment Committee, Steven Tesoriere, Martin Truong, James B. Williams, Brian Wuebbels, Randy H. Zwirn. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Clark, Anthony) |
| Filing 70 NOTICE of Removed TerraForm Global Class Action Plaintiffs' Notice of Withdrawal of Motion to Remand. Document filed by Iron Workers Mid-South Pension Fund. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07996-PKC, 1:16-cv-07997-PKC, 1:16-cv-08003-PKC(Razzouk, Jay) |
| Filing 69 NOTICE OF APPEARANCE by Michael G. Bongiorno on behalf of TerraForm Power, Inc., Peter Blackmore, TerraForm Global, LLC, Terraform Global, Inc.. Filed In Associated Cases: 1:16-md-02742-PKC et al.(Bongiorno, Michael) |
| Filing 68 CERTIFIED TRUE COPY OF MDL ORDER FROM THE MDL PANEL LIFTING STAY OF CONDITIONAL TRANSFER ORDER... that the stay of the Panel's conditional transfer order designated as CTO-2, filed on 11/17/2016, is LIFTED and the action is transferred to the United States District Court - Southern District of New York for the coordinated or consolidated pretrial proceedings under 28 U.S.C. 1407 being conducted by the Honorable P. Kevin Castel. (Signed by MDL Panel on 12/07/2016) (sjo) |
| Filing 67 LETTER MOTION to Consolidate Cases 16-cv-07967 16-cv-07981 16-cv-07996 16-cv-07997 16-cv-08003 and for Appointment of Lead Plaintiff and Lead Counsel addressed to Judge P. Kevin Castel from Cassandra Porsch dated December 5 2016. Document filed by Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff). (Attachments: #1 Exhibit A, #2 Exhibit B)(Porsch, Cassandra) |
|
Filing 66
ORDER granting (95) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-07427-PKC; granting (163) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-07428-PKC; granting (65) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-md-02742-PKC; granting (118) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-07917-PKC; granting (103) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-07950-PKC; granting (49) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-07962-PKC; granting (187) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-07967-PKC; granting (130) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-07981-PKC; granting (97) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-07995-PKC; granting (78) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-07996-PKC; granting (77) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-07997-PKC; granting (71) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-08001-PKC; granting (74) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-08003-PKC; granting (166) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-08006-PKC; granting (170) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-08032-PKC; granting (80) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-08039-PKC; granting (36) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-08113-PKC; granting (23) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-08118-PKC; granting (25) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-08163-PKC; granting (38) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-08165-PKC; granting (23) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-08166-PKC; granting (32) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-08202-PKC; granting (38) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-08204-PKC; granting (75) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-09171-PKC; granting (66) Motion for Robin E. Wechkin to Appear Pro Hac Vice in case 1:16-cv-09172-PKC (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) Filed In Associated Cases: 1:16-md-02742-PKC et al. (Castel, P.)
|
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (74 in 1:16-cv-08003-PKC, 97 in 1:16-cv-07995-PKC, 103 in 1:16-cv-07950-PKC, 170 in 1:16-cv-08032-PKC, 32 in 1:16-cv-08202-PKC, 77 in 1:16-cv-07997-PKC, 66 in 1:16-cv-09172-PKC, 166 in 1:16-cv-08006-PKC, 23 in 1:16-cv-08166-PKC, 130 in 1:16-cv-07981-PKC, 187 in 1:16-cv-07967-PKC, 75 in 1:16-cv-09171-PKC, 38 in 1:16-cv-08204-PKC, 65 in 1:16-md-02742-PKC, 118 in 1:16-cv-07917-PKC, 80 in 1:16-cv-08039-PKC, 163 in 1:16-cv-07428-PKC, 95 in 1:16-cv-07427-PKC, 25 in 1:16-cv-08163-PKC, 36 in 1:16-cv-08113-PKC, 49 in 1:16-cv-07962-PKC, 78 in 1:16-cv-07996-PKC, 38 in 1:16-cv-08165-PKC, 23 in 1:16-cv-08118-PKC, 71 in 1:16-cv-08001-PKC) MOTION for Robin E. Wechkin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13042987. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:16-md-02742-PKC et al.(wb) |
| Filing 65 MOTION for Robin E. Wechkin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13042987. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ahmad Chatila, Brian Wuebbels, Antonio R. Alvarez, Ahmad R Chatila, Clayton C. Daley, Jr, Emmanuel T Hernandez, Matthew Herzberg, Georganne C. Proctor, SunEdison, Inc. Investment Committee, Steven V Tesoriere, James B. Williams, Randy H. Zwirn, Jeremy Avenier, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, Martin Truong, Clayton Daley, Jr, Steven Tseoriere, Randy Zwirn, Antonio Alvarez. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order for Admission Pro Hac Vice)Filed In Associated Cases: 1:16-md-02742-PKC et al.(Wechkin, Robin) |
| Filing 64 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Transfer Case . Document filed by Manuel Acosta. (Attachments: #1 Brief, #2 Schedule of Action, #3 Proof of Service, #4 Table of Exhibits, #5 Exhibit Amended Complaint, #6 Exhibit Docket, #7 Exhibit Amended Adversary Complaint, #8 Exhibit Proof of Claim, #9 Exhibit Objections in Adversary Proceeding)(McKenna, Thomas) Modified on 12/22/2016 (db). |
|
Filing 63
ORDER granting (160) Motion for Rhiannon A. Campbell to Appear Pro Hac Vice in case 1:16-cv-07428-PKC; granting (58) Motion for Rhiannon A. Campbell to Appear Pro Hac Vice in case 1:16-md-02742-PKC; granting (182) Motion for Rhiannon A. Campbell to Appear Pro Hac Vice in case 1:16-cv-07967-PKC; granting (125) Motion for Rhiannon A. Campbell to Appear Pro Hac Vice in case 1:16-cv-07981-PKC; granting (94) Motion for Rhiannon A. Campbell to Appear Pro Hac Vice in case 1:16-cv-07995-PKC; granting (74) Motion for Rhiannon A. Campbell to Appear Pro Hac Vice in case 1:16-cv-07997-PKC; granting (71) Motion for Rhiannon A. Campbell to Appear Pro Hac Vice in case 1:16-cv-08003-PKC; granting (77) Motion for Rhiannon A. Campbell to Appear Pro Hac Vice in case 1:16-cv-08039-PKC; granting (35) Motion for Rhiannon A. Campbell to Appear Pro Hac Vice in case 1:16-cv-08204-PKC (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) Filed In Associated Cases: 1:16-md-02742-PKC et al. (Castel, P.)
|
|
Filing 62
ORDER granting (57) Motion for Takeo A. Kellar to Appear Pro Hac Vice in case 1:16-md-02742-PKC; granting (181) Motion for Takeo A. Kellar to Appear Pro Hac Vice in case 1:16-cv-07967-PKC; granting (124) Motion for Takeo A. Kellar to Appear Pro Hac Vice in case 1:16-cv-07981-PKC (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC, 1:16-cv-07981-PKC (Castel, P.)
|
|
Filing 61
ORDER granting (56) Motion for Ian D. Berg to Appear Pro Hac Vice in case 1:16-md-02742-PKC; granting (180) Motion for Ian D. Berg to Appear Pro Hac Vice in case 1:16-cv-07967-PKC; granting (123) Motion for Ian D. Berg to Appear Pro Hac Vice in case 1:16-cv-07981-PKC (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC, 1:16-cv-07981-PKC (Castel, P.)
|
|
Filing 60
ORDER granting #55 Motion for Ex Kano S. Sams II to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.)
|
| Filing 58 MOTION for Rhiannon A. Campbell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13029332. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Carlos Domenech Zornoza. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Exhibit B - Proposed Order)Filed In Associated Cases: 1:16-md-02742-PKC et al.(Campbell, Rhiannon) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #58 MOTION for Rhiannon A. Campbell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13029332. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jcu) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (77 in 1:16-cv-08039-PKC, 160 in 1:16-cv-07428-PKC, 58 in 1:16-md-02742-PKC, 74 in 1:16-cv-07997-PKC, 35 in 1:16-cv-08204-PKC, 76 in 1:16-cv-07996-PKC, 94 in 1:16-cv-07995-PKC, 125 in 1:16-cv-07981-PKC, 71 in 1:16-cv-08003-PKC, 182 in 1:16-cv-07967-PKC) MOTION for Rhiannon A. Campbell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13029332. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:16-md-02742-PKC et al.(wb) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (57 in 1:16-md-02742-PKC, 181 in 1:16-cv-07967-PKC, 124 in 1:16-cv-07981-PKC) MOTION for Takeo A. Kellar to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC, 1:16-cv-07981-PKC(wb) |
| Filing 57 MOTION for Takeo A. Kellar to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff). (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC, 1:16-cv-07981-PKC(Kellar, Takeo) |
| Filing 56 MOTION for Ian D. Berg to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pyramid Holdings, Inc.. (Attachments: #1 Exhibit Certificates of Good Standing, #2 Text of Proposed Order)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC, 1:16-cv-07981-PKC(Berg, Ian) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #56 MOTION for Ian D. Berg to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jcu) |
|
Filing 59
ORDER granting (89) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-07427-PKC; granting (155) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-07428-PKC; granting (39) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-md-02742-PKC; granting (106) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-07917-PKC; granting (97) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-07950-PKC; granting (42) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-07962-PKC; granting (175) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-07967-PKC; granting (118) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-07981-PKC; granting (89) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-07995-PKC; granting (72) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-07996-PKC; granting (70) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-07997-PKC; granting (66) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-08001-PKC; granting (67) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-08003-PKC; granting (160) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-08006-PKC; granting (164) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-08032-PKC; granting (71) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-08039-PKC; granting (30) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-08113-PKC; granting (17) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-08118-PKC; granting (19) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-08163-PKC; granting (32) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-08165-PKC; granting (17) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-08166-PKC; granting (26) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-08202-PKC; granting (30) Motion for Norman J. Blears to Appear Pro Hac Vice in case 1:16-cv-08204-PKC (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) Filed In Associated Cases: 1:16-md-02742-PKC et al. (Castel, P.)
|
| Filing 55 MOTION for Ex Kano S. Sams II to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13012166. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Simon Fraser. (Attachments: #1 Text of Proposed Order, #2 Exhibit - Certificate of Good Standing)(Sams, Ex Kanos) |
| Filing 53 CERTIFIED TRUE COPY OF MDL ORDER FROM THE MDL PANEL LIFTING STAY OF CONDITIONAL TRANSFER ORDER... that the stay of the Panel's conditional transfer order designated as CTO-1, filed on 10/05/2016, is LIFTED and the action is transferred to the United States District Court - Southern District of New York for the coordinated or consolidated pretrial proceedings under 28 U.S.C. 1407 being conducted by the Honorable P. Kevin Castel. (Signed by MDL Panel on 11/21/2016) (sjo) |
|
Filing 52
ORDER in case 1:16-cv-07427-PKC; granting (36) Motion for Christopher K. Meyer to Appear Pro Hac Vice in case 1:16-md-02742-PKC (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) Filed In Associated Cases: 1:16-md-02742-PKC et al. (Castel, P.)
|
|
Filing 51
ORDER in case 1:16-cv-07427-PKC; granting (35) Motion for Jaime A. Bartlett to Appear Pro Hac Vice in case 1:16-md-02742-PKC (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) Filed In Associated Cases: 1:16-md-02742-PKC et al. (Castel, P.)
|
|
Filing 50
ORDER in case 1:16-cv-07427-PKC; granting (34) Motion for Sara B. Brody to Appear Pro Hac Vice in case 1:16-md-02742-PKC (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) Filed In Associated Cases: 1:16-md-02742-PKC et al. (Castel, P.)
|
|
Filing 49
ORDER granting (33) Motion for Darren William Stanhouse to Appear Pro Hac Vice in case 1:16-md-02742-PKC (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC (Castel, P.)
|
|
Filing 48
ORDER granting (32) Motion for Franklin Darley to Appear Pro Hac Vice in case 1:16-md-02742-PKC (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC (Castel, P.)
|
|
Filing 47
ORDER in case 1:16-cv-07428-PKC; granting (31) Motion for Daniel H. Bookin to Appear Pro Hac Vice in case 1:16-md-02742-PKC (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) Filed In Associated Cases: 1:16-md-02742-PKC et al. (Castel, P.)
|
|
Filing 46
ORDER granting (30) Motion for Jessica Erin Morrison to Appear Pro Hac Vice in case 1:16-md-02742-PKC (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC (Castel, P.)
|
|
Filing 45
ORDER granting (28) Motion for Charles William McIntyre, Jr. to Appear Pro Hac Vice in case 1:16-md-02742-PKC (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC (Castel, P.)
|
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #55 MOTION for Ex Kano S. Sams II to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13012166. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 44 LETTER addressed to Judge P. Kevin Castel from Dorothy J. Spenner dated November 18, 2016 re: Enclosure of Attachments to Defendants' November 17, 2016 Submission. Document filed by Antonio R. Alvarez, Jeremy Avenier, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Matthew Herzberg, Georganne Proctor, SunEdison, Inc. Investment Committee, Steven Tesoriere, Martin Truong, James B. Williams, Brian Wuebbels, Randy H. Zwirn. (Attachments: #1 Attachment A, #2 Attachment B, #3 Attachment C)(Spenner, Dorothy) |
| Filing 43 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by KPMG LLP.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Annand, Franklin) |
| Filing 42 LETTER addressed to Judge P. Kevin Castel from Charles Wm. McIntyre dated November 17, 2016 re: Response to the Court's October 26, 2016 Order. Document filed by KPMG LLP.Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(Annand, Franklin) |
| Filing 41 LETTER addressed to Judge P. Kevin Castel from Salvatore J. Graziano dated 11/17/2016 re: Response to the Court's October 26, 2016 Order. Document filed by Municipal Employees Retirement System of Michigan.Filed In Associated Cases: 1:16-md-02742-PKC et al.(Graziano, Salvatore) |
| Filing 40 LETTER addressed to Judge P. Kevin Castel from Dorothy J. Spenner dated November 17, 2016 re: Response to the Court's October 26, 2016 Order. Document filed by Antonio R. Alvarez, Jeremy Avenier, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Matthew Herzberg, Georganne Proctor, SunEdison, Inc. Investment Committee, Steven Tesoriere, Martin Truong, James B. Williams, Brian Wuebbels, Randy H. Zwirn.(Spenner, Dorothy) |
| Filing 39 MOTION for Norman J. Blears to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13000793. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ahmad Chatila, Brian Wuebbels, Antonio R. Alvarez, Ahmad R Chatila, Clayton C. Daley, Jr, Emmanuel T Hernandez, Matthew Herzberg, Georganne C. Proctor, SunEdison, Inc. Investment Committee, Steven V Tesoriere, James B. Williams, Randy H. Zwirn, Jeremy Avenier, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, Martin Truong, Clayton Daley, Jr, Steven Tseoriere, Randy Zwirn, Antonio Alvarez. (Attachments: #1 Cetificate of Good Standing, #2 Text of Proposed Order for Admission Pro Hac Vice)Filed In Associated Cases: 1:16-md-02742-PKC et al.(Blears, Norman) |
| Filing 38 LETTER addressed to Judge P. Kevin Castel from Dennis J. Herman dated November 17, 2016 re: Response to Order for Case Management Conference, Dkt. No. 16. Document filed by Cobalt KC Partners, LP, Cobalt Offshore Master Fund, LP, Cobalt Partners II, LP, Cobalt Partners, LP., Glenview Capital Master Fund, Ltd., Glenview Capital Opportunity Fund, L.P., Glenview Capital Partners, L.P., Glenview Institutional Partners, L.P., Glenview Offshore Opportunity Master Fund, Ltd., Kingdon Associates, Kingdon Credit Master Fund, L.P., Kingdon Family Partnership, L.P., M. Kingdon Offshore Master Fund, L.P., Oklahoma Firefighters Pension and Retirement System, Omega Capital Investors, L.P., Omega Capital Partners, L.P., Omega Equity Investors, L.P., Omega Overseas Partners, Ltd., VMT II, LLC. (Attachments: #1 Exhibit A - Service Chart)(Herman, Dennis) |
| Filing 37 LETTER addressed to Judge P. Kevin Castel from Andrew O. Bunn dated November 17, 2016 re: paragraph 9 of Dkt. No. 16 Order dated October 26, 2016. Document filed by State Street Bank & Trust Co..(Bunn, Andrew) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (88 in 1:16-cv-07995-PKC, 105 in 1:16-cv-07917-PKC, 69 in 1:16-cv-07997-PKC, 25 in 1:16-cv-08202-PKC, 41 in 1:16-cv-07962-PKC, 174 in 1:16-cv-07967-PKC, 16 in 1:16-cv-08118-PKC, 71 in 1:16-cv-07996-PKC, 29 in 1:16-cv-08113-PKC, 36 in 1:16-md-02742-PKC, 117 in 1:16-cv-07981-PKC, 70 in 1:16-cv-08039-PKC, 154 in 1:16-cv-07428-PKC, 88 in 1:16-cv-07427-PKC, 96 in 1:16-cv-07950-PKC, 31 in 1:16-cv-08165-PKC, 159 in 1:16-cv-08006-PKC, 29 in 1:16-cv-08204-PKC, 163 in 1:16-cv-08032-PKC, 65 in 1:16-cv-08001-PKC, 18 in 1:16-cv-08163-PKC, 16 in 1:16-cv-08166-PKC, 66 in 1:16-cv-08003-PKC) MOTION for Christopher K. Meyer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12995123. Motion and supporting papers to be reviewed by Clerk's Office staff., (162 in 1:16-cv-08032-PKC, 28 in 1:16-cv-08204-PKC, 104 in 1:16-cv-07917-PKC, 15 in 1:16-cv-08118-PKC, 158 in 1:16-cv-08006-PKC, 65 in 1:16-cv-08003-PKC, 17 in 1:16-cv-08163-PKC, 153 in 1:16-cv-07428-PKC, 70 in 1:16-cv-07996-PKC, 28 in 1:16-cv-08113-PKC, 173 in 1:16-cv-07967-PKC, 30 in 1:16-cv-08165-PKC, 64 in 1:16-cv-08001-PKC, 40 in 1:16-cv-07962-PKC, 15 in 1:16-cv-08166-PKC, 116 in 1:16-cv-07981-PKC, 95 in 1:16-cv-07950-PKC, 69 in 1:16-cv-08039-PKC, 87 in 1:16-cv-07995-PKC, 68 in 1:16-cv-07997-PKC, 87 in 1:16-cv-07427-PKC, 24 in 1:16-cv-08202-PKC, 35 in 1:16-md-02742-PKC) MOTION for Jaime A. Bartlett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12995093. Motion and supporting papers to be reviewed by Clerk's Office staff., (14 in 1:16-cv-08118-PKC, 172 in 1:16-cv-07967-PKC, 63 in 1:16-cv-08001-PKC, 34 in 1:16-md-02742-PKC, 27 in 1:16-cv-08204-PKC, 29 in 1:16-cv-08165-PKC, 16 in 1:16-cv-08163-PKC, 115 in 1:16-cv-07981-PKC, 64 in 1:16-cv-08003-PKC, 27 in 1:16-cv-08113-PKC, 86 in 1:16-cv-07995-PKC, 23 in 1:16-cv-08202-PKC, 94 in 1:16-cv-07950-PKC, 68 in 1:16-cv-08039-PKC, 152 in 1:16-cv-07428-PKC, 67 in 1:16-cv-07997-PKC, 103 in 1:16-cv-07917-PKC, 69 in 1:16-cv-07996-PKC, 14 in 1:16-cv-08166-PKC, 86 in 1:16-cv-07427-PKC, 39 in 1:16-cv-07962-PKC, 161 in 1:16-cv-08032-PKC, 157 in 1:16-cv-08006-PKC) MOTION for Sara B. Brody to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12995092. Motion and supporting papers to be reviewed by Clerk's Office staff., (156 in 1:16-cv-08006-PKC, 26 in 1:16-cv-08204-PKC, 160 in 1:16-cv-08032-PKC, 22 in 1:16-cv-08202-PKC, 31 in 1:16-md-02742-PKC, 67 in 1:16-cv-08039-PKC, 151 in 1:16-cv-07428-PKC, 85 in 1:16-cv-07995-PKC) MOTION for Daniel H. Bookin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12994932. Motion and supporting papers to be reviewed by Clerk's Office staff., (33 in 1:16-md-02742-PKC, 102 in 1:16-cv-07917-PKC) MOTION for Darren William Stanhouse to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12994979. Motion and supporting papers to be reviewed by Clerk's Office staff., (99 in 1:16-cv-07917-PKC, 28 in 1:16-md-02742-PKC) MOTION for Charles William McIntyre, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12994767. Motion and supporting papers to be reviewed by Clerk's Office staff., (100 in 1:16-cv-07917-PKC, 30 in 1:16-md-02742-PKC) MOTION for Jessica Erin Morrison to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12994849. Motion and supporting papers to be reviewed by Clerk's Office staff., (32 in 1:16-md-02742-PKC, 101 in 1:16-cv-07917-PKC) MOTION for Franklin Darley Annand to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12994914. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:16-md-02742-PKC et al.(wb) |
| Filing 36 MOTION for Christopher K. Meyer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12995123. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ahmad Chatila, Brian Wuebbels, Antonio R. Alvarez, Ahmad R Chatila, Clayton C. Daley, Jr, Emmanuel T Hernandez, Matthew Herzberg, Georganne C. Proctor, SunEdison, Inc. Investment Committee, Steven V Tesoriere, James B. Williams, Randy H. Zwirn, Jeremy Avenier, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, Martin Truong, Clayton Daley, Jr, Steven Tseoriere, Randy Zwirn, Antonio Alvarez. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order for Admission Pro Hac Vice)Filed In Associated Cases: 1:16-md-02742-PKC et al.(Meyer, Chris) |
| Filing 35 MOTION for Jaime A. Bartlett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12995093. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ahmad Chatila, Brian Wuebbels, Antonio R. Alvarez, Ahmad R Chatila, Clayton C. Daley, Jr, Emmanuel T Hernandez, Matthew Herzberg, Georganne C. Proctor, SunEdison, Inc. Investment Committee, Steven V Tesoriere, James B. Williams, Randy H. Zwirn, Jeremy Avenier, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, Martin Truong, Clayton Daley, Jr, Steven Tseoriere, Randy Zwirn, Antonio Alvarez. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)Filed In Associated Cases: 1:16-md-02742-PKC et al.(Bartlett, Jaime) |
| Filing 34 MOTION for Sara B. Brody to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12995092. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ahmad Chatila, Brian Wuebbels, Antonio R. Alvarez, Ahmad R Chatila, Clayton C. Daley, Jr, Emmanuel T Hernandez, Matthew Herzberg, Georganne C. Proctor, SunEdison, Inc. Investment Committee, Steven V Tesoriere, James B. Williams, Randy H. Zwirn, Jeremy Avenier, Clayton Daley, Jr., Emmanuel Hernandez, Georganne Proctor, Steven Tesoriere, Martin Truong, Clayton Daley, Jr, Steven Tseoriere, Randy Zwirn, Antonio Alvarez. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order for Admission Pro Hac Vice)Filed In Associated Cases: 1:16-md-02742-PKC et al.(Brody, Sara) |
| Filing 33 MOTION for Darren William Stanhouse to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12994979. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by KPMG LLP. (Attachments: #1 Exhibit Certificate of Good Standing, District of Columbia Court of Appeals, #2 Exhibit Certificate of Good Standing, Supreme Court of the State of North Carolina, #3 Exhibit Certificate of Good Standing, Supreme Court of Virginia, #4 Text of Proposed Order Proposed Order)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(McIntyre, Charles) |
| Filing 32 MOTION for Franklin Darley Annand to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12994914. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by KPMG LLP. (Attachments: #1 Exhibit Certificate of Good Standing, District of Columbia Court of Appeals, #2 Exhibit Certificate of Good Standing, Supreme Court of Virginia, #3 Text of Proposed Order Proposed Order)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(McIntyre, Charles) |
| Filing 31 MOTION for Daniel H. Bookin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12994932. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alejandro Hernandez. (Attachments: #1 Exhibit 1 - Certificate of Good Standing, #2 Text of Proposed Order)Filed In Associated Cases: 1:16-md-02742-PKC et al.(Bookin, Daniel) |
| Filing 30 MOTION for Jessica Erin Morrison to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12994849. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by KPMG LLP. (Attachments: #1 Exhibit Certificate of Good Standing, District of Columbia Court of Appeals, #2 Exhibit Certificate of Good Standing, Court of Appeals of Maryland, #3 Text of Proposed Order Proposed Order)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(McIntyre, Charles) |
| Filing 29 NOTICE OF APPEARANCE by Katherine Anne Betcher on behalf of Alejandro Hernandez. Filed In Associated Cases: 1:16-md-02742-PKC et al.(Betcher, Katherine) |
| Filing 28 MOTION for Charles William McIntyre, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12994767. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by KPMG LLP. (Attachments: #1 Exhibit Certificate of Good Standing, District of Columbia Court of Appeals, #2 Exhibit Certificate of Good Standing, Supreme Court of Virginia, #3 Text of Proposed Order Proposed Order)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07917-PKC(McIntyre, Charles) |
| Filing 27 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Takeo A. Kellar to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12992309. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pyramid Holdings, Inc.(Individually and on Behalf of All Others Similarly Situated; Interim Lead Plaintiff). (Attachments: #1 Text of Proposed Order, #2 Exhibit Certificate of Good Standing)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC, 1:16-cv-07981-PKC(Kellar, Takeo) Modified on 11/16/2016 (wb). |
| Filing 26 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Ian D. Berg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12992234. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pyramid Holdings, Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit Certificates of Good Standing)Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC, 1:16-cv-07981-PKC(Berg, Ian) Modified on 11/16/2016 (wb). |
|
Filing 25
ORDER granting #23 Motion for Kevin J. O'Connor to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.)
|
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #23 MOTION for Kevin J. O'Connor to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12987869. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. (113 in 1:16-cv-07981-PKC, 170 in 1:16-cv-07967-PKC) MOTION for Ian D. Berg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12992234. Motion and supporting papers to be reviewed by Clerk's Office staff., (114 in 1:16-cv-07981-PKC, 171 in 1:16-cv-07967-PKC) MOTION for Takeo A. Kellar to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12992309. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07967-PKC, 1:16-cv-07981-PKC(wb) |
|
Filing 24
ORDER: Counsel moving for admission pro hac vice shall be required to pay only one filing fee of $200. The motion shall be filed in 16-MD-2742. At the time of filing, they may elect a menu option to "spread" the motion to any individual action(s) in which they are counsel. If counsel requires additional assistance, they may call the Districts ECF Help Desk at (212) 805-0800. SO ORDERED. (Signed by Judge P. Kevin Castel on 11/15/2016) (kl)
|
| Filing 23 MOTION for Kevin J. O'Connor to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12987869. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Carlos Domenech Zornoza. (Attachments: #1 Exhibit a, #2 Exhibit b)(O'Connor, Kevin) |
|
Filing 22
ORDER granting #20 Motion for George C. Aguilar to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.)
|
|
Filing 21
ORDER granting #19 Motion for Jay N. Razzouk to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.)
|
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Jay N. Razzouk to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12962674. Motion and supporting papers to be reviewed by Clerk's Office staff., #20 MOTION for George C. Aguilar to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12962704. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 20 MOTION for George C. Aguilar to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12962704. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Iron Workers Mid-South Pension Fund. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)(Aguilar, George) |
| Filing 19 MOTION for Jay N. Razzouk to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12962674. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Iron Workers Mid-South Pension Fund. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)(Razzouk, Jay) |
|
Filing 18
MEMO ENDORSEMENT on re: (14 in 1:16-md-02742-PKC) Letter,, filed by SunEdison, Inc. Investment Committee, Emmanuel Hernandez, Steven Tesoriere, Antonio R. Alvarez, Ahmad Chatila, Georganne Proctor, Clayton Daley, Jr., Matthew Herzberg, Jeremy Avenier, James B. Williams, Martin Truong, Brian Wuebbels, Randy H. Zwirn. ENDORSEMENT: All previously scheduled deadlines in all cases are suspended pending further Order. See Order of October 26, 2016 regarding other matters. SO ORDERED. (Signed by Judge P. Kevin Castel on 11/1/2016) (mro)
|
| Filing 17 NOTICE OF APPEARANCE by David Avi Rosenfeld on behalf of Cobalt KC Partners, LP, Cobalt Offshore Master Fund, LP, Cobalt Partners II, LP, Cobalt Partners, LP., Glenview Capital Master Fund, Ltd., Glenview Capital Opportunity Fund, L.P., Glenview Capital Partners, L.P., Glenview Institutional Partners, L.P., Glenview Offshore Opportunity Master Fund, Ltd., Kingdon Associates, Kingdon Credit Master Fund, L.P., Kingdon Family Partnership, L.P., M. Kingdon Offshore Master Fund, L.P., Oklahoma Firefighters Pension and Retirement System, Omega Capital Investors, L.P., Omega Capital Partners, L.P., Omega Equity Investors, L.P., Omega Overseas Partners, Ltd., VMT II, LLC. (Rosenfeld, David) |
|
Filing 16
ORDER: This Order applies to: (a) all cases that have been or are subsequently transferred or conditionally transferred to the undersigned by the Judicial Panel on Multidistrict Litigation (the "Panel"); and (b) the following actions that were pending in this district prior to the Panels initial transfer order: Bloom et al. v. SunEdison, Inc. et al., 16 cv 7427 (PKC) and Omega Capital Investors, L.P. et al v. SunEdison, Inc. et al., 16 cv 7428 (PKC). There will be an Initial Conference for all parties in all actions on December 19, 2016 at 2 p.m. in Courtroom 11D of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York. Counsel must appear personally and may not appear telephonically. Counsel for the plaintiff in the federal securities class actions (paragraph 5), the individual securities actions (paragraph 6), the derivative actions (paragraph 7) and the ERISA actions (paragraph 8) and counsel for defendants in all actions shall submit to the Court by November 17, 2016 a letter, filed through ECF, providing the following information: And as set forth herein. SO ORDERED. Initial Conference set for 12/19/2016 at 02:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 10/26/2016) Filed In Associated Cases: 1:16-md-02742-PKC et al.(ama)
|
|
Filing 15
ORDER: The Clerk is directed to open four case files under the miscellaneous docket. These dockets are for administrative purposes only, and are intended to efficiently organize certain Orders and submissions for the benefit of the parties and the Court. Filings related to the Consolidated Securities Class Action shall be made in the case file bearing docket number 16-mc-2742. The caption shall read "In re: SunEdison, Inc. Securities Litigation." For administrative purposes only, in 16-mc-2742, all plaintiffs shall be listed as "SunEdison, Inc. Securities Class Action Plaintiffs," and all defendants shall be listed as "SunEdison, Inc. Securities Class Action Defendants."Filings related to any individual securities claims shall submitted in the case file bearing docket number 16-mc-2743. The caption shall read "In re: SunEdison, Inc. Securities Litigation." For administrative purposes only, in 16- mc-2743, all plaintiffs shall be listed as "SunEdison, Inc. Individual Securities Plaintiffs," and all defendants shall be listed as "SunEdison, Inc. Individual Securities Defendants." Filings related to any ERISA claims shall submitted in the case file bearing docket number 16-mc-2744. The caption shall read "In re: SunEdison, Inc. ERISA Litigation." For administrative purposes only, in 16-mc-2744, all plaintiffs shall be listed as "SunEdison, Inc. ERISA Plaintiffs," and all defendants shall be listed as "SunEdison, Inc. ERISA Defendants." Filings related to any derivative claims shall submitted in the case file bearing docket number 16-mc-2745. The caption shall read "In re: SunEdison, Inc. Derivative Litigation." For administrative purposes only, in 16-mc-2745, all plaintiffs shall be listed as "SunEdison, Inc. Derivative Plaintiffs," and all defendants shall be listed as "SunEdison, Inc. Derivative Defendants." Any filing fees associated with opening 16-mc-2742, 16-mc-2743, 16-mc-2744 and 16-mc-2745 are waived. There will be no appearances entered unless the Court orders otherwise. Each of these four dockets shall include the Court's case management orders and other orders of significance, as well as substantive filings by the parties that relate to the respective action (e.g., pleadings, motion papers). They will not include pro hac vice motion papers, notices of appearance and motions to withdraw. Papers filed inappropriately will be stricken from the docket. Parties shall file documents in the appropriate miscellaneous docket, in addition to, and not in lieu of, the MDL docket. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/26/2016) Filed In Associated Cases: 1:16-md-02742-PKC et al.(ama)
|
| Filing 14 LETTER addressed to Judge P. Kevin Castel from Dorothy J. Spenner dated October 26, 2016 re: Summary Status Report on the Actions Transferred to this Court. Document filed by Antonio R. Alvarez, Jeremy Avenier, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Matthew Herzberg, Georganne Proctor, SunEdison, Inc. Investment Committee, Steven Tesoriere, Martin Truong, James B. Williams, Brian Wuebbels, Randy H. Zwirn. (Attachments: #1 Chart of Actions and Their Status)(Spenner, Dorothy) |
| Filing 13 NOTICE OF APPEARANCE by Dorothy Jane Spenner on behalf of Antonio R. Alvarez, Jeremy Avenier, Ahmad Chatila, Clayton Daley, Jr., Emmanuel Hernandez, Matthew Herzberg, Georganne Proctor, SunEdison, Inc. Investment Committee, Steven Tesoriere, Martin Truong, James B. Williams, Brian Wuebbels, Randy H. Zwirn. (Spenner, Dorothy) |
|
Filing 12
ORDER granting #8 Motion for Scott H. Saham to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.)
|
|
Filing 11
ORDER granting #7 Motion for Jennifer N. Caringal to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.)
|
|
Filing 10
ORDER granting #6 Motion for David W. Hall to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.)
|
|
Filing 9
ORDER granting #5 Motion for Dennis J. Herman to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.)
|
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #8 MOTION for Scott H. Saham to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12914465. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 8 MOTION for Scott H. Saham to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12914465. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Cobalt KC Partners, LP, Cobalt Offshore Master Fund, LP, Cobalt Partners II, LP, Cobalt Partners, LP., Glenview Capital Master Fund, Ltd., Glenview Capital Opportunity Fund, L.P., Glenview Capital Partners, L.P., Glenview Institutional Partners, L.P., Glenview Offshore Opportunity Master Fund, Ltd., Kingdon Associates, Kingdon Credit Master Fund, L.P., Kingdon Family Partnership, L.P., M. Kingdon Offshore Master Fund, L.P., Oklahoma Firefighters Pension and Retirement System, Omega Capital Investors, L.P., Omega Capital Partners, L.P., Omega Equity Investors, L.P., Omega Overseas Partners, Ltd., VMT II, LLC.(Saham, Scott) |
| Filing 7 MOTION for Jennifer N. Caringal to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12912748. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Cobalt KC Partners, LP, Cobalt Offshore Master Fund, LP, Cobalt Partners II, LP, Cobalt Partners, LP., Glenview Capital Master Fund, Ltd., Glenview Capital Opportunity Fund, L.P., Glenview Capital Partners, L.P., Glenview Institutional Partners, L.P., Glenview Offshore Opportunity Master Fund, Ltd., Kingdon Associates, Kingdon Credit Master Fund, L.P., Kingdon Family Partnership, L.P., M. Kingdon Offshore Master Fund, L.P., Oklahoma Firefighters Pension and Retirement System, Omega Capital Investors, L.P., Omega Capital Partners, L.P., Omega Equity Investors, L.P., Omega Overseas Partners, Ltd., VMT II, LLC.(Caringal, Jennifer) |
| Filing 6 MOTION for David W. Hall to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12912709. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Cobalt KC Partners, LP, Cobalt Offshore Master Fund, LP, Cobalt Partners II, LP, Cobalt Partners, LP., Glenview Capital Master Fund, Ltd., Glenview Capital Opportunity Fund, L.P., Glenview Capital Partners, L.P., Glenview Institutional Partners, L.P., Glenview Offshore Opportunity Master Fund, Ltd., Kingdon Associates, Kingdon Credit Master Fund, L.P., Kingdon Family Partnership, L.P., M. Kingdon Offshore Master Fund, L.P., Oklahoma Firefighters Pension and Retirement System, Omega Capital Investors, L.P., Omega Capital Partners, L.P., Omega Equity Investors, L.P., Omega Overseas Partners, Ltd., VMT II, LLC.(Hall, David) |
| Filing 5 MOTION for Dennis J. Herman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12912668. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Cobalt KC Partners, LP, Cobalt Offshore Master Fund, LP, Cobalt Partners II, LP, Cobalt Partners, LP., Glenview Capital Master Fund, Ltd., Glenview Capital Opportunity Fund, L.P., Glenview Capital Partners, L.P., Glenview Institutional Partners, L.P., Glenview Offshore Opportunity Master Fund, Ltd., Kingdon Associates, Kingdon Credit Master Fund, L.P., Kingdon Family Partnership, L.P., M. Kingdon Offshore Master Fund, L.P., Oklahoma Firefighters Pension and Retirement System, Omega Capital Investors, L.P., Omega Capital Partners, L.P., Omega Equity Investors, L.P., Omega Overseas Partners, Ltd., VMT II, LLC.(Herman, Dennis) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #5 MOTION for Dennis J. Herman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12912668. Motion and supporting papers to be reviewed by Clerk's Office staff., #6 MOTION for David W. Hall to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12912709. Motion and supporting papers to be reviewed by Clerk's Office staff., #7 MOTION for Jennifer N. Caringal to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12912748. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 4 NOTICE OF APPEARANCE by Victoria Pauline Lane on behalf of Carlos Domenech Zornoza. (Lane, Victoria) |
| Filing 3 NOTICE OF APPEARANCE by Andrew O. Bunn on behalf of State Street Bank & Trust Co., STATE STREET BANK & TRUST CO. Filed In Associated Cases: 1:16-md-02742-PKC, 1:16-cv-07950-PKC(Bunn, Andrew) |
| Filing 2 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL CTO-1 transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of California and Missouri, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge P. Kevin Castel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 10/13/2016) (sjo) |
| Filing 1 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of California, Maryland, Missouri and New York, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge P. Kevin Castel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 10/04/2016) (sjo) |
| Magistrate Judge Andrew J. Peck is so designated. (sjo) |
| CASES ORIGINATING FROM THE SOUTHERN DISTRICT OF NEW YORK: 1:16-cv-07427 (PKC). (sjo) |
| Case Designated ECF. (sjo) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
