Mareno v. ProShares Trust II et al
| James D Mareno |
| SG Americas Securities, LLC, jefferies llc, Virtu Financial BD LLC, Knight Execution & Clearing Services, LLC, deutsche bank securities inc., credit suisse securities (usa) llc, goldman, sachs & co., ProShares Trust II, j.p. morgan securities llc, barclays capital inc., Todd B. Johnson, Banca IMI Securities Corp., Michael L. Sapir, ABN AMRO Clearing Chicago LLC, Merrill Lynch Professional Clearing Corp., UBS Securities LLC, Louis M. Mayberg, bnp paribas securities corp., ProShare Capital Management LLC, Edward Karpowicz, HRT Financial LLC, Nomura Securities International, Inc., Wedbush Securities, Inc., Timber Hill, LLC,, Mizuho Securities USA LLC, Newedge USA LLC and RBC Capital Markets, LLC |
| Stacy Smith, Fei Liu, Kershner Trading Group, LLC, Anthony Ludovici, Thomas Butler, III, Great Point Capital LLC and Lisa Ludovici |
| 1:2019cv01955 |
| March 1, 2019 |
| US District Court for the Southern District of New York |
| Denise L Cote |
| Securities/Commodities |
| 15 U.S.C. § 77 |
| Plaintiff |
Docket Report
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Filing 17
ORDER OF CONSOLIDATION: Having received motions for consolidation, and finding that the actions involve common questions of law and fact, it is hereby ORDERED that the Clerk of Court shall consolidate the above actions under the docket number of the lead case 19cv0886. (Signed by Judge Denise L. Cote on 4/29/2019) (jca)
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Filing 16
CASE MANAGEMENT ORDER: Lead Plaintiff shall file an amended complaint for this action and any actions subsequently consolidated with it on or before June 21, 2019. Defendants shall file an answer to the amended complaint or a motion to dismiss the amended complaint by August 2, 2019. If a motion to dismiss the amended complaint is filed, any amended complaint must be filed by September 6, 2019. It is unlikely that Lead Plaintiff will be granted any further opportunities to amend. If Lead Plaintiff elects not to further amend, it shall file its opposition to the motion to dismiss on or before September 6, 2019. Defendants shall file their reply to the opposition(s) to the motion to dismiss on or before September 27, 2019. Defendants shall supply the Court with two courtesy copies of the motion papers at the time the reply is served. (And as further set forth in this Order). (Amended Pleadings due by 6/21/2019, Responses due by 9/6/2019, Replies due by 9/27/2019.) (Signed by Judge Denise L. Cote on 4/29/2019) (jca)
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| Minute Entry for proceedings held before Judge Denise L. Cote: Pretrial Conference held on 4/29/2019. (Court Reporter Tom Murray) (gr) |
| CONSOLIDATED MEMBER CASE: Create association to 1:19-cv-00886-DLC.. (jca) |
| Filing 15 LETTER addressed to Judge Denise L. Cote from Barbara Hart dated April 10, 2019 re: the Lead Plaintiff Motion of Kershner Trading Group, LLC. Document filed by Kershner Trading Group, LLC.(Hart, Barbara) |
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Filing 14
ORDER: The above-captioned cases having been reassigned to this Court on April 4, 2019, it is hereby ORDERED that the time of the April 29, 2019 conference is moved from 9 a.m. to 10 a.m. in Courtroom 18B, 500 Pearl Street. Prior to the date of the conference, all parties must send the Court one copy of all pleadings. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. IT IS FURTHER ORDERED that the briefing schedule on the pending lead plaintiff motions filed on April 1 shall remain unchanged. (Signed by Judge Denise L. Cote on 4/5/2019) (gr)
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| NOTICE OF CASE REASSIGNMENT to Judge Denise L. Cote. Judge Ronnie Abrams is no longer assigned to the case. (bcu) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #12 Proposed Order #13 Proposed Order was reviewed and approved as to form. (km) |
| Filing 13 PROPOSED ORDER. Document filed by Great Point Capital LLC. Related Document Number: [19-cv-886, Dkt. No. 77]. (Apton, Adam) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 12 PROPOSED ORDER. Document filed by Thomas Butler, III, Fei Liu, Stacy Smith, Anthony Ludovici, Lisa Ludovici. Related Document Number: [82 in Case No. 1:19-cv-00886]. (Rosenfeld, David) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 11 PROPOSED ORDER. Document filed by Kershner Trading Group, LLC. Related Document Number: #8 . (Hart, Barbara) Proposed Order to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #11 Proposed Order was reviewed and approved as to form. (dt) |
| Filing 10 DECLARATION of Barbara Hart in Support re: #8 MOTION to Consolidate Cases 19-cv-0886, 19-cv-1840, 19-cv-1955 . MOTION to Appoint Kershner Trading Group, LLC to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Kershner Trading Group, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Hart, Barbara) |
| Filing 9 MEMORANDUM OF LAW in Support re: #8 MOTION to Consolidate Cases 19-cv-0886, 19-cv-1840, 19-cv-1955 . MOTION to Appoint Kershner Trading Group, LLC to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Kershner Trading Group, LLC. (Hart, Barbara) |
| Filing 8 MOTION to Consolidate Cases 19-cv-0886, 19-cv-1840, 19-cv-1955 ., MOTION to Appoint Kershner Trading Group, LLC to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Kershner Trading Group, LLC. (Attachments: #1 Text of Proposed Order)(Hart, Barbara) |
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Filing 7
ORDER: It is hereby: ORDERED that, no later than March 22, 2019, Plaintiff shall inform the Court whether he intends to file notice of this action pursuant to 15 U.S.C. 78u-4(a) (3)(A)(i) or whether he believes further notice is not required under 78u-4(a)(3)(A)(ii). If Plaintiff intends to rely on the notice filed in the Related Action, briefing on the appointment of lead plaintiff and lead counsel shall adhere to the schedule set in the Related Action. See 19-CV-886, Dkt. 10. IT IS FURTHER ORDERED that Plaintiff shall participate in the conference in the Related Action, which has been scheduled for April 29, 2019 at 9 a.m. in Courtroom 1506 of the United States Courthouse, 40 Foley Square, New York, New York 10007 to consider any motions for appointment of lead plaintiff and lead counsel and for consolidation. IT IS FURTHER ORDERED that Plaintiff shall promptly serve a copy of this Order on each of the Defendants. SO ORDERED. (Signed by Judge Ronnie Abrams on 3/18/2019) ( Status Conference set for 4/29/2019 at 09:00 AM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams.) (ks)
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| Magistrate Judge Henry B. Pitman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (ma) |
| NOTICE OF CASE REASSIGNMENT to Judge Ronnie Abrams. Judge Unassigned is no longer assigned to the case. (ma) |
| CASE ACCEPTED AS RELATED. Create association to 1:19-cv-00886-RA. Notice of Assignment to follow. (ma) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Barbara J. Hart to RE-FILE Document No. #6 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the form used for the summons is not the official A.O. Summons form dated June 2012. The official forms may be found at http://nysd.uscourts.gov/forms.php. If not listing all of the defendants in the caption 'et al' must be included after the leading defendant. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) |
| Filing 6 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to PROSHARES TRUST II, PROSHARE CAPITAL MANAGEMENT LLC, TODD B. JOHNSON, EDWARD KARPOWICZ, MICHAEL L. SAPIR, LOUIS M. MAYBERG, ABN AMRO CLEARING CHICAGO LLC, BANCA IMI SECURITIES CORP., BARCLAYS CAPITAL INC., BNP PARIBAS SECURITIES CORP., CREDIT SUISSE SECURITIES (USA) LLC, DEUTSCHE BANK SECURITIES INC., GOLDMAN, SACHS & CO., HRT FINANCIAL LLC, JEFFERIES LLC, J.P. MORGAN SECURITIES LLC, KNIGHT EXECUTION & CLEARING SERVICES, LLC, MERRILL LYNCH PROFESSIONAL CLEARING CORP., MIZUHO SECURITIES USA LLC., NEWEDGE USA LLC, NOMURA SECURITIES INTERNATIONAL, INC., RBC CAPITAL MARKETS, LLC, SG AMERICAS SECURITIES, LLC, TIMBER HILL, LLC, UBS SECURITIES LLC, VIRTU FINANCIAL BD LLC and WEDBUSH SECURITIES, INC., re: #1 Complaint,,,. Document filed by James D Mareno. (Hart, Barbara) Modified on 3/5/2019 (dnh). |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Barbara J. Hart. The party information for the following party/parties has been modified: James D Mareno; ABN AMRO Clearing Chicago LLC. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Barbara J. Hart. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (jgo) |
| Case Designated ECF. (jgo) |
| CASE REFERRED TO Judge Ronnie Abrams as possibly related to 19-cv-886. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Barbara J. Hart to RE-FILE Document No. #5 Request for Issuance of Summons. The filing is deficient for the following reason(s): 'as to' docket entry text must list the names of all the parties whom summons is for; the form used for the summons is not the official A.O. Summons form dated June 2012; the PDF case caption does not exactly match initial pleading caption. If all of the party names do not fit, use leading party name followed by 'et al';. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
| Filing 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to All Defendants, re: #1 Complaint,,,. Document filed by James D Mareno. (Hart, Barbara) Modified on 3/4/2019 (jgo). |
| Filing 4 NOTICE OF APPEARANCE by David Charles Harrison on behalf of James D Mareno. (Harrison, David) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 19-cv-886 (RA). Document filed by James D Mareno.(Hart, Barbara) |
| Filing 2 CIVIL COVER SHEET filed. (Hart, Barbara) |
| Filing 1 COMPLAINT against ABN AMRO Clearing Chicago LLC, Banca IMI Securities Corp., HRT Financial LLC, Todd B. Johnson, Edward Karpowicz, Knight Execution & Clearing Services, LLC, Louis M. Mayberg, Merrill Lynch Professional Clearing Corp., Mizuho Securities USA LLC, Newedge USA LLC, Nomura Securities International, Inc., ProShare Capital Management LLC, ProShares Trust II, RBC Capital Markets, LLC, SG Americas Securities, LLC, Michael L. Sapir, Timber Hill, LLC,, UBS Securities LLC, Virtu Financial BD LLC, Wedbush Securities, Inc., barclays capital inc., bnp paribas securities corp., credit suisse securities (usa) llc, deutsche bank securities inc., goldman, sachs & co., j.p. morgan securities llc, jefferies llc. (Filing Fee $ 400.00, Receipt Number CNYSDC-16427946)Document filed by James D Mareno.(Hart, Barbara) |
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