Wilmington Savings Fund Society, FSB v. Cade et al
| Wilmington Savings Fund Society, FSB |
| Cynthia Foy Rupp, Mahmood Hassani-Sadi, Christopher R. Cade, Ira Martin Dansky Revocable Trust, Ira M. Dansky, Richard H. Hein, Transamerica Asset Management, Inc. and Thomas Nolan |
| 1:2020cv04267 |
| June 4, 2020 |
| US District Court for the Southern District of New York |
| Jed S Rakoff |
| Other Statutory Actions |
| 28 U.S.C. § 1334 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 27, 2020. A more recent docket listing may be available from PACER.
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| Filing 49 MEMORANDUM OF LAW in Opposition re: (93 in 1:20-md-02941-JSR) MOTION to Dismiss Under the Section 546(e) Securities Safe Harbor on Behalf of Former Director and Officer Defendants. Plaintiffs' Memorandum of Law in Opposition to Former Director and Officer Defendants' Motion to Dismiss Under 11 U.S.C. 546(e). Document filed by Marc S Kirschner, Wilmington Savings Fund Society, FSB. (Attachments: #1 Appendix 1)Filed In Associated Cases: 1:20-md-02941-JSR et al..(Friedman, Edward) |
| Filing 48 MEMORANDUM OF LAW in Opposition re: (88 in 1:20-md-02941-JSR) MOTION to Dismiss Under the Safe Harbor of 11 U.S.C. 546(e) of Public Shareholder Defendants. Plaintiffs' Memorandum of Law in Opposition to Public Shareholder Defendants' Motion to Dismiss Under 11 U.S.C. 546(e). Document filed by Marc S Kirschner, Wilmington Savings Fund Society, FSB. Filed In Associated Cases: 1:20-md-02941-JSR et al..(Friedman, Edward) |
| Filing 47 NOTICE OF APPEARANCE by Michael S. Doluisio on behalf of Bam Advisor Services, JHF II Strategic Equity Allocation Fund, JHVIT Small Cap Index Trust, JHVIT Small Cap Opportunities Trust, JHVIT Strategic Equity Allocation Trust, John Hancock II Strategic Equity Allocation Small Cap Fund, John Hancock U.S. Targeted Value Fund, John Hancock U.S. Targeted Value Trust, Manulife Financial, Manulife Investment Management (North America) LTD, Russell US Small Cap Equity Fund, Schwab Capital Trust, Schwab Fundamental US Small Company Index Fund, Schwab Small-Cap Index Fund, Schwab Total Stock Market Index Fund, Transamerica Asset Management, Inc., US Small Company Fund, USAA Extended Market Index Fund, Variable Annuity Life Insurance Company I- Small Cap Index Fund, Variable Annuity Life Insurance Company I- Small Cap Special Values Fund, JHVIT Small Cap Index Trust, JHVIT Small Cap Opportunities Trust, JHVIT Strategic Equity Allocation Trust, John Hancock II Strategic Equity Allocation Small Cap Fund, Manulife Investment Management (North America) LTD, Bam Advisor Services, SA U.S. Small Company Fund, SA U.S.Small Company Fund, John Hancock II Strategic Equity Allocation Small Cap Fund a/k/a John Hancock II SEA Small Cap. Filed In Associated Cases: 1:20-md-02941-JSR et al..(Doluisio, Michael) |
| Filing 46 NOTICE OF APPEARANCE by Brian Christopher Raphel on behalf of Transamerica Asset Management, Inc...(Raphel, Brian) |
| Filing 45 FIRST AMENDED COMPLAINT amending #1 Complaint, against Christopher R. Cade, Ira M. Dansky, Cynthia Foy Rupp, Mahmood Hassani-Sadi, Richard H. Hein, Ira Martin Dansky Revocable Trust, Thomas Nolan, Transamerica Asset Management, Inc. with JURY DEMAND.Document filed by Wilmington Savings Fund Society, FSB. Related document: #1 Complaint,..(Friedman, Edward) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #42 MOTION for Craig A. Benson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-20512937. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea) |
Filing 44
ORDER: As per Paragraph 5 of the Order dated June 12, 2020, see ECF No. 20, the Clerk of the Court is directed to unseal the complaints, to the extent they are still sealed, in the actions 20-cv-4262, 20-cv-4265, 20-cv-4267, 20-cv-4286, 20-cv-4287, 20-cv-4289, 20-cv-4292, 20-cv-4299, 20-cv-4335, 20- cv-4346, 20-cv-4360, 20-cv-4404, 20-cv-4434, 20-cv-4436, 20-cv-4440, 20-cv-4479, 20-cv-4480, and 20-cv-4569 (but not the complaint in the 20-cv-4433 action) and replace any remaining pseudonyms with the corresponding names of the defendants contained in the captions of the complaints. Plaintiffs' counsel shall cooperate with the Clerk's Office in carrying out this process as promptly as possible. SO ORDERED. (Signed by Judge Jed S. Rakoff on 7/2/2020) Filed In Associated Cases: 1:20-md-02941-JSR et al. (mml)
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Filing 43
ORDER granting (122) Motion for Craig A. Benson to Appear Pro Hac Vice in case 1:20-md-02941-JSR et al. (Signed by Judge Jed S. Rakoff on 7/2/2020) Filed In Associated Cases: 1:20-md-02941-JSR et al. (jwh)
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| Filing 42 MOTION for Craig A. Benson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-20512937. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Christopher R. Cade, Dianne Card, Wesley R Card, Ira M. Dansky, Cynthia DiPietrantonio, Richard L. Dickson, Joseph T. Donnalley, Tami Fersko, Ira Martin Dansky Revocable Trust, John T McClain, Aida Tejero-Decolli, John T. McClain. (Attachments: #1 Declaration of Craig A. Benson, #2 Exhibit A - Certificate of Good Standing from the District of Columbia, #3 Exhibit B - Certificate of Good Standing from the State of Maryland, #4 Exhibit C - Certificate of Good Standing from the State of New York, #5 Text of Proposed Order)Filed In Associated Cases: 1:20-md-02941-JSR et al..(Benson, Craig) |
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Filing 41
ORDER: This Order addresses an additional housekeeping matter that has not been raised before. In the Order dated June 12, 2020, the Court, among other things, stated: "All counsel who had not appeared in an action prior to its transfer, and all counsel in actions filed originally in this district, must enter a notice of appearance in that action and in 20-MD-2941 and, if necessary, apply for admission pro hac vice." ECF No. 20, at 5. To further clarify, an attorney applying for admission pro hac vice should file such a motion in the 20-MD-2941 docket and "spread" the submission to all cases in which the attorney represents a party. The attorney shall be required to pay the pro hac vice fee for the equivalent of only one case. (Signed by Judge Jed S. Rakoff on 7/1/2020) Filed In Associated Cases: 1:20-md-02941-JSR et al. (jwh)
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| Filing 40 MOTION for Joinder to Join the Former Director and Officer Defendants Motion to Dismiss and the Public Shareholder Defendants Motion to Dismiss. Document filed by Nicola Guarna, Robert Rodriguez, Robert Rodriguez.Filed In Associated Cases: 1:20-md-02941-JSR et al..(Brennan, Travis) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (142 in 1:20-cv-04346-JSR, 116 in 1:20-cv-04436-JSR, 76 in 1:20-cv-04286-JSR, 48 in 1:20-cv-04287-JSR, 68 in 1:20-md-02941-JSR, 79 in 1:20-cv-04292-JSR, 151 in 1:20-cv-04335-JSR, 96 in 1:20-cv-04262-JSR, 97 in 1:20-cv-04569-JSR) MOTION for Cliff C. Gardner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-20465400. 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: 1:20-md-02941-JSR et al.(wb) |
| Filing 39 NOTICE OF APPEARANCE by Danielle Elizabeth Tepper on behalf of ABC, Marc S Kirschner, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Marc S Kirschner, ABC, Marc S Kirschner, Marc S. Kirschner, Marc S. Kirschner, Mark S. Kirschner, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Marc S Kirschner, Marc S Kirschner. Filed In Associated Cases: 1:20-md-02941-JSR et al..(Tepper, Danielle) |
| Filing 38 NOTICE OF APPEARANCE by Priyanka Kishore Wityk on behalf of ABC, Marc S Kirschner, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Marc S Kirschner, ABC, Marc S Kirschner, Marc S. Kirschner, Marc S Kirschner, Marc S. Kirschner, Mark S. Kirschner, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Marc S Kirschner, Wilmington Savings Fund Society, FSB. Filed In Associated Cases: 1:20-md-02941-JSR et al..(Wityk, Priyanka) |
| Filing 37 NOTICE OF APPEARANCE by Shenghao Stan Chiueh on behalf of ABC, Marc S Kirschner, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Marc S Kirschner, ABC, Marc S Kirschner, Marc S. Kirschner, Marc S Kirschner, Marc S. Kirschner, Mark S. Kirschner, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Marc S Kirschner, Wilmington Savings Fund Society, FSB. Filed In Associated Cases: 1:20-md-02941-JSR et al..(Chiueh, Shenghao) |
| Filing 36 NOTICE OF APPEARANCE by Jeffrey Carl Fourmaux on behalf of ABC, Marc S Kirschner, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Marc S Kirschner, ABC, Marc S Kirschner, Marc S. Kirschner, Marc S Kirschner, Marc S. Kirschner, Mark S. Kirschner, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Marc S Kirschner, Wilmington Savings Fund Society, FSB. Filed In Associated Cases: 1:20-md-02941-JSR et al..(Fourmaux, Jeffrey) |
| Filing 35 NOTICE OF APPEARANCE by Andrew W. Goldwater on behalf of Marc S Kirschner, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Marc S Kirschner, Marc S Kirschner, Marc S. Kirschner, Marc S. Kirschner, Mark S. Kirschner, Wilmington Savings Fund Society, FSB, Marc S Kirschner, Marc S Kirschner, Wilmington Savings Fund Society, FSB. Filed In Associated Cases: 1:20-md-02941-JSR et al..(Goldwater, Andrew) |
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Filing 34
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Jed S. Rakoff on 6/22/2020) (va)
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| Filing 33 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/12/2020 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: 1:20-md-02941-JSR et al..(McGuirk, Kelly) |
| Filing 32 TRANSCRIPT of Proceedings re: CONFERNECE held on 6/12/2020 before Judge Jed S. Rakoff. 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 7/13/2020. Redacted Transcript Deadline set for 7/23/2020. Release of Transcript Restriction set for 9/21/2020.Filed In Associated Cases: 1:20-md-02941-JSR et al..(McGuirk, Kelly) |
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Filing 31
ORDER: Upon further consideration of the issues discussed during the telephonic conference held earlier today at 2:00 p.m., see Transcript dated June 12, 2020, the Court sets the following schedule for certain pretrial proceedings in these consolidated actions, and resolves various housekeeping matters in the following manner. 1. By Orders dated June 4, 2020 and June 9, 2020, the Court consolidated 15 cases under the MDL docket 20-MD-2941 for all pre-trial purposes. See 20-MD-2941, ECF Nos. 2, 3. The following four additional related actions are hereby consolidated with all 15 other actions under the MDL docket 20-MD-2941 for all pretrial purposes: Kirschner, et al. v. Robeco Capital Growth Funds - Robeco BP US Premium Equities, No. 20-cv-4479, Kirschner, et al. v. Schwab Capital Trust, No. 20-cv-4480, Kirschner v. Advisors Series Trust (Kellner Merger Fund), et al., No. 20-cv-4433, and Kirschner v. Voya Russell Small Cap Index Portfolio, et al., No. 20-cv-4434. 2. The Court hereby adopts the following (partial) Case Management Plan. (a) Briefs on any anticipated motions to dismiss must be filed on the following bifurcated schedule: (First Round) For any motion to dismiss relating to 546(e) of the Bankruptcy Code, briefs must be filed on the following schedule: (a) moving papers due June 29, 2020; (b) answering papers due July 27, 2020; and (c) reply papers due August 3, 2020. Oral argument on these motions shall be held on August 13, 2020, at 10:00 a.m. The Court will issue its decision on these motions in writing by no later than August 27, 2020. (Second Round) As to any action not dismissed after the First Round, any motion to dismiss on any other ground must be briefed on the following schedule: (a) moving papers due September 7, 2020; (b) answering papers due October 5, 2020; and (c) reply papers due October 12, 2020. Oral argument on the Second Round of motions will be held on October 21, 2020 at 2:00 p.m. The Court will issue its decision on these motions in writing by no later than November 4, 2020. (b) After plaintiffs' counsel serves those defendants who have not yet been served (which, based on plaintiffs' counsel's representation, the Court expects to be completed by no later than June 19, 2020), plaintiffs' counsel should promptly advise counsel for those defendants that the instant Order and schedule will apply to those defendants as well. If any of these defendants has any objection to that determination, their counsel, along with plaintiffs' counsel, must convene a joint telephonic conference with Chambers pursuant to Rules 1 and 2 of the Court's Individual Rules of Practice by no later than June 26, 2020. (c) These consolidated actions are not stayed after today, and any and all stays entered by district judges in the actions transferred from other districts are hereby lifted. Document discovery and interrogatories pursuant to Rule 33.3(a) of the Local Civil Rules of the Southern District of New York may commence whenever the parties wish, provided that all such document and interrogatory discovery must be completed by November 4, 2020. In its order of November 4 (see above), the Court will set a schedule for deposition discovery and any summary judgment motion practice. 3. To the extent that the parties anticipate seeking confidential treatment for any discovery in this case, they must jointly submit a proposed protective order, substantially in compliance with Judge Rakoff's model protective order, by no later than June 22, 2020. To the extent that there are any conflicts between the confidentiality order to be entered into by the Court on or about June 22, 2020 and the confidentiality order, as amended, entered into by the Bankruptcy Court for the Southern District of New York in In re: Nine West Holdings, Inc., No. 18-10947 (SCC), ECF Nos. 972, 1471, and 1544 (Bankr. S.D.N.Y.), this Courts order will supersede the Bankruptcy Court's order. (If any party deems it necessary and so advises the Court, the Court will withdraw the reference in the aforesaid bankruptcy for the limited purpose of modifying that court's protective order.) 4. Two recently filed actions -- Kirschner v. Advisors Series Trust (Kellner Merger Fund), et al., No. 20-cv-4433, and Kirschner v. Voya Russell Small Cap Index Portfolio, et al., No. 20-cv-4434 -- were filed under seal at the request of plaintiffs' counsel. Plaintiffs' counsel has now advised the Court that 20-cv-4434 no longer needs to be kept under seal. Accordingly, the Clerk of the Court is hereby directed to unseal that action forthwith. As to the other action, the relevant parties are hereby directed to promptly consult with one another to see if this sealing should be lifted. In any event, the Court's present intention, unless convinced otherwise, is to unseal this remaining action on or shortly after June 22, 2020. 5. Inasmuch as it has been represented to the Court that the parties have now resolved the issues that had previously existed concerning the confidentiality of some documents (other than the 20-cv-4433 action referred to in #4) previously filed with the Court under seal, the Clerk of the Court is directed to unseal all such documents and to replace any remaining pseudonyms with the corresponding names of the defendants contained in the captions of the complaints. Plaintiffs' counsel shall cooperate with the Clerk's Office in carrying out this process as promptly as possible. 6. In accord with Rule 2.1(c) of the Procedure of the United States Judicial Panel on Multidistrict Litigation, all counsel who appeared in any of the actions prior to their transfer to this district may continue to represent his or her client and such client need not obtain local counsel. In addition, such counsel need not enter a notice of appearance, provided that they have entered one prior to the transfer, and need not apply for admission pro hac vice. 7. All counsel who had not appeared in an action prior to its transfer, and all counsel in actions filed originally in this district, must enter a notice of appearance in that action and in 20-MD-2941 and, if necessary, apply for admission pro hac vice, as further set forth in this Order. 10. Plaintiffs' unopposed pending motions to dismiss without prejudice Kirschner v. Card, et al., No. 20-cv-4360, and Wilmington Savings Fund Society, FSB v. Card, et al., No. 20-cv-4404, as duplicative of actions earlier commenced by the same plaintiff's against the same defendants and others, are hereby granted. SO ORDERED. (Motions due by 9/7/2020, Responses due by 10/5/2020, Replies due by 10/12/2020. Service due by 6/19/2020. Oral Argument set for 8/13/2020 at 10:00 AM before Judge Jed S. Rakoff. Oral Argument set for 10/21/2020 at 02:00 PM before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 6/12/2020) Filed In Associated Cases: 1:20-md-02941-JSR et al. (mml)
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Filing 30
ORDER: Pursuant to the order of the MDL Panel dated June 2, 2020, see MDL No. 2941, ECF No. 196, the following 13 cases are hereby consolidated for all pre-trial purposes before the undersigned. See Kirschner, et al. v. McClain, et al., No. 20-cv-4262 (JSR) (S.D.N.Y.), and as further set forth in this order. The Court will convene a telephonic conference on June 12, 2020 at 2:00 p.m. (EDT) to set a schedule for any and all pretrial proceedings in these consolidated cases, with the following access information: USA Toll-Free: (888) 363-4735 USA Caller Paid/International Toll: (215) 446-3657 Access Code: 1086415 Until that conference, all matters and proceedings in all these cases are stayed, but any counsel in any of these cases may, if they wish, file electronically with the Court such Status Reports as they deem relevant, apprising the Court of where each case stands and what counsel would like to have considered at the June 12 conference, provided such Status Reports are filed no later than June 10, 2020 at 5:00 p.m. (EDT). Counsel for the various plaintiffs and counsel for the various defendants should also confer prior to June 12 as to suggested arrangements for coordination of counsel and liaison with the Court. (Telephone Conference set for 6/12/2020 at 02:00 PM before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 6/4/2020) Filed In Associated Cases: 1:20-md-02941-JSR, 1:20-cv-04262-JSR, 1:20-cv-04265-JSR, 1:20-cv-04267-JSR (jwh) Transmission to Attorney Services/Help Desk. Transmission to Civil Case Openings Clerk for processing.
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| Filing 29 MDL CASE TRANSFERRED IN from the United States District Court - District of Florida Southern; Case Number: 0:20-cv-60344. Original file certified copy of transfer order and docket entries received. (sjo) |
| Magistrate Judge Debra C. Freeman 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sjo) |
| CONSOLIDATED MDL CASE: Create association to 1:20-md-02941-JSR. (sjo) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Jed S. Rakoff. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions. (sjo) |
| Case Stayed Associated Cases: 1:20-md-02941-JSR, 1:20-cv-04262-JSR, 1:20-cv-04265-JSR, 1:20-cv-04267-JSR(jwh) |
| CONSOLIDATED MDL CASE: Create association to 1:20-md-02941-JSR. (jwh) |
| CASE ACCEPTED AS RELATED. Create association to 1:20-md-02941-JSR. (sjo) |
| Case Designated ECF. (sjo) |
| Filing 28 TRANSFER ORDER (TO-Dated 6/2/2020) transferring case to the Southern District of New York re: MDL 2941 for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to the Honorable Jed S. Rakoff. (Signed by Karen K. Caldwell, Chair). (mc) [Transferred from Florida Southern on 6/4/2020.] |
| Civil Case Terminated per DE #28 Transfer Order. Closing Case. (mc) [Transferred from Florida Southern on 6/4/2020.] |
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Filing 27
ORDER GRANTING PLAINTIFF'S MOTION TO PARTIALLY STAY PROCEEDING UNTIL JUNE 30, 2020. Signed by Judge Rodney Smith on 5/8/2020. See attached document for full details. (drz) Modified on 5/11/2020 (drz). [Transferred from Florida Southern on 6/4/2020.]
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| Filing 26 First MOTION to Stay Proceedings Until June 30, 2020 by Wilmington Savings Fund Society, FSB. Responses due by 5/22/2020 (Attachments: #1 Text of Proposed Order Granting Plaintiff's Motion to Partially Stay Proceedings Until June 30, 2020)(Assouline, Eric) [Transferred from Florida Southern on 6/4/2020.] |
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Filing 25
PAPERLESS ORDER GRANTING #23 Motion for Extension of Time. The parties shall comply with the Court's Order Requiring Joint Scheduling Report, Certificates of Interested Parties and Corporate Disclosure Statement [DE 14] no later than May 29, 2020. Signed by Judge Rodney Smith on 4/1/2020. (lbn) [Transferred from Florida Southern on 6/4/2020.]
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| Filing 24 NOTICE by Wilmington Savings Fund Society, FSB of Plaintiff's Motion Filed with United States Judicial Panel for Multidistrict Litigation for Transfer of Actions to the District of Massachusetts Pursuant to 28 U.S.C. 1407 for Coordinated or Consolidated Pretrial Proceedings (Attachments: #1 Exhibit Plaintiff's Motion for Transfer of Actions to the District of Massachusetts Pursuant to 28 U.S.C. 1407 for Coordinated or Consolidated Pretrial Proceedings, #2 Exhibit Brief in Support of Plaintiffs' Motion for Transfer of Actions to the District of Massachusetts Pursuant to 28 U.S.C. 1407 for Coordinated or Consolidated Pretrial Proceedings, #3 Exhibit Schedule of Actions, #4 Exhibit Declaration of Priyanka Wityk in Support of Plaintiffs' Motion for Transfer of Actions to the District of Massachusetts Pursuant to 28 U.S.C. 1407 For Coordinated or Consolidated Pretrial Proceedings, #5 Exhibit Civil Docket Sheets and Complaints, #6 Exhibit Proof of Service of Plaintiff's Motion for Transfer of Actions to the District of Massachusetts Pursuant to 28 U.S.C. 1407 for Coordinated or Consolidated Pretrial Proceedings) (Bos, Andrea) [Transferred from Florida Southern on 6/4/2020.] |
| Filing 23 Plaintiff's MOTION for Extension of Time to file Joint Scheduling Report, Certificates of Interested Parties and Corporate Disclosure Statements re #14 Order Requiring Joint Scheduling Report by Wilmington Savings Fund Society, FSB. Responses due by 4/15/2020 (Attachments: #1 Text of Proposed Order Granting Plaintiff Wilmington Savings Fund Society, FSB's Unopposed Motion for Enlargement of Time to File Joint Scheduling Report, Certificates of Interested Parties and Corporate Disclosure Statements (Per DE 14))(Bos, Andrea) [Transferred from Florida Southern on 6/4/2020.] |
| Filing 22 Summons Issued as to Richard H. Hein. (dj) [Transferred from Florida Southern on 6/4/2020.] |
| Filing 21 Clerks Notice to Filer re: Summons(es) cannot be issued. The party(ies) on the summons(es) does not match the initiating documents (dj) [Transferred from Florida Southern on 6/4/2020.] |
| Filing 20 NOTICE of Filing Proposed Summons(es) for Richard H. Hein Rev. Trust U/A 6/12/95 Richard H. Hein, Trustee by Wilmington Savings Fund Society, FSB (Attachments: #1 Summon(s) Proposed Summons for Richard H. Hein Reg. Trust U/A 6/12/95 Richard H. Hein, Trustee) (Bos, Andrea) [Transferred from Florida Southern on 6/4/2020.] |
| SYSTEM ENTRY - Docket Entry 19 [misc] restricted/sealed until further notice. (761353) [Transferred from Florida Southern on 6/4/2020.] |
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Filing 17
PAPERLESS ORDER granting #16 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Robert J. Lack. Signed by Judge Rodney Smith on 3/2/2020. (cbn) [Transferred from Florida Southern on 6/4/2020.]
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Filing 18
Order Granting Plaintiff's Motion for Leave to File the Complaint Under Seal re #4 Motion to Seal. Signed by Judge Rodney Smith on 2/28/2020. See attached document for full details. (cbr) [Transferred from Florida Southern on 6/4/2020.]
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| Attorney Robert J. Lack representing Wilmington Savings Fund Society, FSB (Plaintiff) Activated. (cco) [Transferred from Florida Southern on 6/4/2020.] |
| Filing 16 Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Robert J. Lack. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #5 Motion to Appear Pro Hac Vice,, by Wilmington Savings Fund Society, FSB. Responses due by 3/12/2020 (Attachments: #1 Certification of Robert J. Lack, #2 Text of Proposed Order Granting Amended Motion for Robert J. Lack to Appear Pro Hac Vice)(Assouline, Eric) [Transferred from Florida Southern on 6/4/2020.] |
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Filing 15
CERTIFICATION AND ORDER OF TRANSFER TO MAGISTRATE JUDGE. Magistrate Judge Lurana S. Snow no longer assigned to case. Magistrate Judge Alicia O. Valle added. Signed by Magistrate Judge Lurana S. Snow on 2/25/2020. See attached document for full details. (bms) [Transferred from Florida Southern on 6/4/2020.]
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Filing 14
Order Requiring Joint Scheduling Report Joint Scheduling Report due by 4/5/2020 Signed by Judge Rodney Smith on 2/25/2020. See attached document for full details. (pm) [Transferred from Florida Southern on 6/4/2020.]
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Filing 13
PAPERLESS ORDER granting #7 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Edward A. Friedman. Signed by Judge Rodney Smith on 2/25/20. (cbn) [Transferred from Florida Southern on 6/4/2020.]
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Filing 12
PAPERLESS ORDER denying #6 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Robert A. Friedman. Local counsel did not file the Motion to Appear PHV; Motion was filed by Attorney Andrea Bos, not by attorney Eric Assouline, who is listed on the Motion. Notice of Termination delivered by US Mail to Edward Friedman. Signed by Judge Rodney Smith on 2/25/2020. (cbn) [Transferred from Florida Southern on 6/4/2020.]
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Filing 11
PAPERLESS ORDER denying #5 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Robert J. Lack. Local counsel did not file the Motion to Appear PHV; Motion was filed by Attorney Andrea Bos, not by attorney Eric Assouline, who is listed on the Motion. Notice of Termination delivered by US Mail to Robert Lack.. Signed by Judge Rodney Smith on 2/25/2020. (cbn) [Transferred from Florida Southern on 6/4/2020.]
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| Filing 10 Notice of Pending, Refiled, Related or Similar Actions by Wilmington Savings Fund Society, FSB (Bos, Andrea) [Transferred from Florida Southern on 6/4/2020.] |
| Filing 9 NOTICE of Attorney Appearance by Andrea Leslie Bos on behalf of Wilmington Savings Fund Society, FSB (Bos, Andrea) [Transferred from Florida Southern on 6/4/2020.] |
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Filing 8
ORDER TRANSFERRING CASE to Judge Rodney Smith for all further proceedings, accepted and signed on 02/21/2020. Judge William P. Dimitrouleas and Magistrate Judge Lurana S. Snow no longer assigned to case Signed by Judge William P. Dimitrouleas on 2/20/2020. See attached document for full details. (drz) [Transferred from Florida Southern on 6/4/2020.]
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| Filing 7 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Edward A. Friedman. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #6 Motion to Appear Pro Hac Vice,, by Wilmington Savings Fund Society, FSB. Responses due by 3/6/2020 (Attachments: #1 Certification Corrected Certification of Edward A. Friedman, #2 Text of Proposed Order Proposed Order Granting Amended Motion for Edward A. Friedman to Appear Pro Hac Vice)(Assouline, Eric) [Transferred from Florida Southern on 6/4/2020.] |
| Filing 6 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Edward A. Friedman. Filing Fee $ 75.00 Receipt # AFLSDC-12486649 by Wilmington Savings Fund Society, FSB. Responses due by 3/5/2020 (Attachments: #1 Certification of Edward A. Friedman, #2 Text of Proposed Order Granting Motion for Edward A. Friedman to Appear Pro Hac Vice, Consent to Designation and Request to Electronically Receive Notices of Electronic Filing)(Bos, Andrea) [Transferred from Florida Southern on 6/4/2020.] |
| Filing 5 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Robert J. Lack. Filing Fee $ 75.00 Receipt # AFLSDC-12486634 by Wilmington Savings Fund Society, FSB. Responses due by 3/5/2020 (Attachments: #1 Certification of Robert J. Lack, #2 Text of Proposed Order Granting Motion for Robert J. Lack to Appear Pro Hac Vice, Consent to Designation and Request to Electronically Receive Notices of Electronic Filing)(Bos, Andrea) [Transferred from Florida Southern on 6/4/2020.] |
| Filing 4 Plaintiff's MOTION to Seal Complaint per Local Rule 5.4 by Wilmington Savings Fund Society, FSB. (Attachments: #1 Text of Proposed Order Granting Plaintiff's Motion for Leave to File the Complaint Under Seal, #2 Affidavit Declaration of Priyanka Wityk in Support of Motion to Seal) (Bos, Andrea) [Transferred from Florida Southern on 6/4/2020.] |
| Filing 3 Summons Issued as to Christopher R. Cade, Ira M. Dansky, Cynthia Foy Rupp, Mahmood Hassani-Sadi, Ira Martin Dansky Revocable Trust, Thomas Nolan, Transamerica Asset Management, Inc. (ar2) [Transferred from Florida Southern on 6/4/2020.] |
| Filing 2 Clerks Notice of Judge Assignment to Judge William P. Dimitrouleas and Magistrate Judge Lurana S. Snow. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lurana S. Snow is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (ar2) [Transferred from Florida Southern on 6/4/2020.] |
| Filing 1 COMPLAINT And Demand for Jury Trial against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-12459210, filed by Wilmington Savings Fund Society, FSB, as successor indenture trustee for the 6.875% Senior Notes due 2019, the 8.25% Senior Notes due 2019, and the 6.125% Senior Notes due 2034 of Nine. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Bos, Andrea) [Transferred from Florida Southern on 6/4/2020.] |
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