Alfandary et al v. Nikko Asset Management Co., Ltd. et al
| Christina Alfandary, Jeffrey Hansen, Laurie Vicari, Timothy McCarthy and Bill Wilder |
| Nikko Asset Management Co., Ltd. and Takumi Shibata |
| 1:2017cv05137 |
| July 7, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Robert W. Sweet |
| Securities/Commodities/Exchanges |
| 12 U.S.C. ยง 22 |
| Plaintiff |
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Filing
165
ORDER granting in part and denying in part 137 Motion for Summary Judgment. For the foregoing reasons, Defendants' motion for summary judgment [dkt. no. 137] is GRANTED in part and DENIED in part. The Clerk of the Court shall close the open motion [dkt. no. 137]. Counsel shall confer and inform the Court by letter no later than April 13, 2022 how they propose to proceed. (Signed by Judge Loretta A. Preska on 3/30/2022) (ate)
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Filing
141
MEMORANDUM & ORDER terminating 115 Letter Motion for Local Rule 37.2 Conference. For the foregoing reasons, Defendant shall show cause why it should not be sanctioned for use in the Tokyo Action of information obtained in discovery in this act ion in contravention of the Protective Order [dkt. no. 90]. Counsel shall confer and inform the Court by letter no later than May 3, 2021, of a proposed briefing schedule on the order to show cause. Pending resolution of the order to show caus e, the Court reserves decision on the cross motions to modify the Protective Order [dkt. nos. 115, 117]. Plaintiffs' separate motion for an anti-suit injunction [dkt. no. 117] is DENIED. The Clerk of the Court shall close the open motion. SO ORDERED. (Signed by Judge Loretta A. Preska on 4/22/2021) (va)
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Filing
133
ORDER re: 121 Letter, filed by Nikko Asset Management Co., Ltd. On February 2, 2021, Plaintiffs requested a pre-motion conference on their proposed motion (1) to amend the Protective Order to prohibit the use of any discovery produced in t his case, whether confidential or not, for any other purpose and (2) to enjoin Defendants from pursuing a recently filed action in Japan against plaintiff Frederick Reidenbach. (See dkt. no. 117 at 1-2.) Defendants opposed that request. (See dkt. no. 121 at 3-5.) By no later than March 17, 2021, Plaintiff may file a reply to Defendants' opposition. SO ORDERED. ( Replies due by 3/17/2021.) (Signed by Judge Loretta A. Preska on 3/14/2021) (va)
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Filing
90
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Loretta A. Preska on 12/16/2019) (mml)
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Filing
88
OPINION: For the foregoing reasons, and as stated in the Court's November 25, 2019 order [dkt. no. 87], Defendants' motion to dismiss [dkt. no. 64] is DENIED as to Plaintiffs' claims for breach of contract and GRANTED as to all other claims. Plaintiffs may amend their fraud claims. SO ORDERED. (Signed by Judge Loretta A. Preska on 12/6/2019) (mml)
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Filing
87
ORDER: Having considered the parties' initial briefing and supplemental submissions, the Court concludes that only Plaintiffs' breach of contract claims may move forward and that all other claims are dismissed. Plaintiffs' request for leave to amend their fraud claims is granted. Plaintiffs shall file an amended pleading within 30 days of entry of this order. The Court will set forth the basis for its decision on the common law claims in a forthcoming memorandum but advises the parties to tailor their presentation at the November 26, 2019 conference with the Court's decision in mind. SO ORDERED. (Signed by Judge Loretta A. Preska on 11/25/2019) (mml)
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Filing
79
OPINION AND ORDER re: 64 MOTION to Dismiss the Amended Complaint Pursuant to FRCP 12(b)(6). filed by Nikko Asset Management Co., Ltd., Takumi Shibata, Sumitomo Mitsui Trust Holdings, Inc., Sumitomo Mitsui Trust Bank, Limited. For the foregoing reasons, the Motion to Dismiss [dkt. no. 64] is GRANTED. Counsel shall confer and inform the Court by letter no later than October 15 how they propose to proceed. SO ORDERED. (Signed by Judge Loretta A. Preska on 9/30/2019) (mml)
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Filing
78
OPINION AND ORDER re: 55 MOTION for Reconsideration re; 52 Memorandum & Opinion, . filed by Nikko Asset Management Co., Ltd., Takumi Shibata, Sumitomo Mitsui Trust Holdings, Inc., Sumitomo Mitsui Trust Bank, Limited. For the foregoing reasons, the Motion for Reconsideration [dkt. no. 55] is denied. The Clerk of the Court shall mark this motion terminated. SO ORDERED. (Signed by Judge Loretta A. Preska on 6/19/2019) (rj)
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Filing
52
OPINION: re: 30 MOTION to Dismiss the Amended Complaint. filed by Nikko Asset Management Co., Ltd., Takumi Shibata, Sumitomo Mitsui Trust Holdings, Inc., Sumitomo Mitsui Trust Bank, Limited. In light of the above, personal jur isdiction may be exerted over Nikko, Shibata, SMTB and SMTH. Defendants' motion to dismiss for lack of jurisdiction is denied. For the foregoing reasons, the Defendants' motion to dismiss is denied. It is so ordered. (Signed by Judge Robert W. Sweet on 10/4/2018) (js)
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