In Re: Wilmington Savings Fund Society, FSB
| HFR Asset Management, L.L.C. |
| Mary Margaret Hastings Georgiades, Peak6 Investments LLC, NORTHERN SMALL CAP INDEX FUND, NORTHERN SMALL CAP CORE FUND, DEFENDANT IL-1, FLEXSHARES MORNINGSTAR US MARKET FACTOR TILT INDEX FUND, NUVEEN SMALL CAP INDEX FUND, STATE FARM SMALL CAP INDEX FUND, DEFENDANT IL-2, TELENDOS, LLC, State Farm Variable Products Trust, NORTHERN SMALL CAP VALUE FUND and PEAK |
| Service List |
| Wilmington Savings Fund Society, FSB |
| 1:2020cv04286 |
| June 5, 2020 |
| US District Court for the Southern District of New York |
| Jed S Rakoff |
| Bankruptcy Appeal (801) |
| 28 U.S.C. § 1334 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 28, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 86 JOINDER to join (NOTICE OF JOINDER AND STATEMENT OF DEFENDANT NUVEEN SMALL CAP INDEX FUND IN SUPPORT OF REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF PUBLIC SHAREHOLDER DEFENDANTS MOTION TO DISMISS UNDER THE SAFE HARBOR OF 11 U.S.C. 546(e)). Document filed by NUVEEN SMALL CAP INDEX FUND..(Martin, Craig) |
| Filing 85 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 84 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 83
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 82
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 81 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) |
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Filing 80
ORDER FOR ADMISSION PRO HAC VICE granting (68) Motion for Cliff C. Gardner to Appear Pro Hac Vice in case 1:20-md-02941-JSR et al. (Signed by Judge Jed S. Rakoff on 6/29/2020) Filed In Associated Cases: 1:20-md-02941-JSR et al. (jwh)
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| Filing 79 DECLARATION of Craig C. Martin in Support 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.. Document filed by NUVEEN SMALL CAP INDEX FUND. (Attachments: #1 Exhibit 1 - Nuveen Small Cap Index Fund FORM N-CSR)Filed In Associated Cases: 1:20-md-02941-JSR, 1:20-cv-04286-JSR, 1:20-cv-04292-JSR.(Martin, Craig) |
| Filing 78 JOINDER to join 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. . Document filed by NUVEEN SMALL CAP INDEX FUND.Filed In Associated Cases: 1:20-md-02941-JSR, 1:20-cv-04286-JSR, 1:20-cv-04292-JSR.(Martin, Craig) |
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Filing 77
ORDER FOR ADMISSION PRO HAC VICE granting (63) Motion for Robert S. Saunders to Appear Pro Hac Vice in case 1:20-md-02941-JSR; granting (95) Motion for Robert S. Saunders to Appear Pro Hac Vice in case 1:20-cv-04262-JSR; granting (43) Motion for Robert S. Saunders to Appear Pro Hac Vice in case 1:20-cv-04287-JSR; granting (75) Motion for Robert S. Saunders to Appear Pro Hac Vice in case 1:20-cv-04286-JSR; granting (78) Motion for Robert S. Saunders to Appear Pro Hac Vice in case 1:20-cv-04292-JSR; granting (150) Motion for Robert S. Saunders to Appear Pro Hac Vice in case 1:20-cv-04335-JSR; granting (141) Motion for Robert S. Saunders to Appear Pro Hac Vice in case 1:20-cv-04346-JSR; granting (115) Motion for Robert S. Saunders to Appear Pro Hac Vice in case 1:20-cv-04436-JSR; granting (96) Motion for Robert S. Saunders to Appear Pro Hac Vice in case 1:20-cv-04569-JSR. The motion of Robert S. Saunders for admission to practice Pro Hac Vice in the above-captioned action is granted. IT IS HEREBY ORDERED that Robert S. Saunders is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Jed S. Rakoff on 6/29/20) Filed In Associated Cases: 1:20-md-02941-JSR et al. (yv)
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| Filing 76 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. Document filed by Gerald C. Crotty, John D. Demsey, Mary Margaret Hastings Georgiades, Matthew H. Kamens, Sidney Kimmel, Robert L. Mettler, James A. Mitarotonda, Jeffrey D. Nuechterlein, Robert and Susan Mettler Family Trust U/A 3/27/06, Robert L. Mettler, Susan T. Mettler, Trustees, Lowell W. Robinson, TELENDOS, LLC, The Sidney Kimmel Revocable Indenture of Trust, Ann Marie C Wilkins, Susan T Mettler, Mary Margaret Hastings Georgiadis, Telendos LLC. (Attachments: #1 Declaration of Cliff C. Gardner, #2 Certificate of Good Standing, #3 Text of Proposed Order)Filed In Associated Cases: 1:20-md-02941-JSR et al..(Gardner, Cliff) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (43 in 1:20-cv-04287-JSR, 78 in 1:20-cv-04292-JSR, 150 in 1:20-cv-04335-JSR, 96 in 1:20-cv-04569-JSR, 75 in 1:20-cv-04286-JSR, 95 in 1:20-cv-04262-JSR, 63 in 1:20-md-02941-JSR, 115 in 1:20-cv-04436-JSR, 141 in 1:20-cv-04346-JSR) MOTION for Robert S. Saunders to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-20456704. 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.(ad) |
| Filing 75 MOTION for Robert S. Saunders to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-20456704. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Gerald C. Crotty, John D. Demsey, Mary Margaret Hastings Georgiades, Matthew H. Kamens, Sidney Kimmel, Robert L. Mettler, James A. Mitarotonda, Jeffrey D. Nuechterlein, Robert and Susan Mettler Family Trust U/A 3/27/06, Robert L. Mettler, Susan T. Mettler, Trustees, Lowell W. Robinson, TELENDOS, LLC, The Sidney Kimmel Revocable Indenture of Trust, Ann Marie C Wilkins, Mary Margaret Hastings Georgiadis, Telendos LLC. (Attachments: #1 Declaration of Robert S. Saunders, #2 Certificate of Good Standing, #3 Text of Proposed Order)Filed In Associated Cases: 1:20-md-02941-JSR et al..(Saunders, Robert) |
| Filing 74 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by TELENDOS, LLC, Telendos LLC.Filed In Associated Cases: 1:20-md-02941-JSR, 1:20-cv-04286-JSR, 1:20-cv-04292-JSR.(Musoff, Scott) |
| Filing 73 NOTICE OF APPEARANCE by Scott D. Musoff on behalf of Gerald C. Crotty, John D. Demsey, Mary Margaret Hastings Georgiades, Matthew H. Kamens, Sidney Kimmel, Robert L. Mettler, James A. Mitarotonda, Jeffrey D. Nuechterlein, Robert and Susan Mettler Family Trust U/A 3/27/06, Robert L. Mettler, Susan T. Mettler, Trustees, Lowell W. Robinson, TELENDOS, LLC, The Sidney Kimmel Revocable Indenture of Trust, Ann Marie C Wilkins, Mary Margaret Hastings Georgiadis, Telendos LLC. Filed In Associated Cases: 1:20-md-02941-JSR et al..(Musoff, Scott) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (43 in 1:20-cv-04287-JSR, 78 in 1:20-cv-04292-JSR, 150 in 1:20-cv-04335-JSR, 96 in 1:20-cv-04569-JSR, 75 in 1:20-cv-04286-JSR, 95 in 1:20-cv-04262-JSR, 63 in 1:20-md-02941-JSR, 115 in 1:20-cv-04436-JSR, 141 in 1:20-cv-04346-JSR) MOTION for Robert S. Saunders to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-20456704. 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.(ad) |
| Filing 72 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 71 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 70 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 69 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 68 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 67
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 66 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 65 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 64
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 62 MDL CASE TRANSFERRED IN from the United States District Court - District of Illinois Northern; Case Number: 1:20-cv-01136. Original file certified copy of transfer order and docket entries received. (sjo) |
| CASE ACCEPTED AS RELATED. Create association to 1:20-md-02941-JSR. (sjo) |
| Case Designated ECF. (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) |
| 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) |
| Filing 61 TRANSFERRED to the USDC Southern District of New York the electronic record. (pj, ) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 60 CONDITIONAL TRANSFER ORDER from MDL Panel transferring case to the Southern District of New York. (pj, ) [Transferred from Illinois Northern on 6/5/2020.] |
| Civil Case Terminated pursuant to MDL 2941 Conditional Transfer Order filed 6/3/2020. (pj, ) [Transferred from Illinois Northern on 6/5/2020.] |
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Filing 59
ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket9, ) [Transferred from Illinois Northern on 6/5/2020.]
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| Filing 58 MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, and pursuant to Third Amended General Order 20-0012, the status hearing set for 5/20/2020 is vacated and reset to 7/2/2020 at 9:30 AM. The joint motion to partially stay proceedings until 6/30/2020 #56 is granted. If the case is not transferred by the JPML, a joint status report is to be filed on 6/22/2020 proposing a discovery and pretrial schedule. This deadline will not be affected by any general order granting extensions of time. (mk) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 57 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Defendant IL-2, Flexshares Morningstar US Market Factor Tilt Index Fund, Northern Small Cap Core Fund, Northern Small Cap Index Fund, Northern Small Cap Value Fund (Farrell, Timothy)[Transferred from Illinois Northern on 6/5/2020.] |
| Filing 56 MOTION by Appellees Defendant IL-2, Flexshares Morningstar US Market Factor Tilt Index Fund, Mary Margaret Hastings Georgiades, Northern Small Cap Core Fund, Northern Small Cap Index Fund, Northern Small Cap Value Fund, Nuveen Small Cap Index Fund, Peak6 Investments LLC, State Farm Small Cap Index Fund, State Farm Variable Products Trust, Telendos, LLC, Defendant HFR Asset Management, LLC, Appellant Wilmington Savings Fund Society, FSB to stay (Joint Motion to Partially Stay Proceedings Until June 30, 2020) (Farrell, Timothy) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 55 ATTORNEY Appearance for Appellees Flexshares Morningstar US Market Factor Tilt Index Fund, Northern Small Cap Core Fund, Northern Small Cap Index Fund, Northern Small Cap Value Fund by Timothy Ryan Farrell (Farrell, Timothy) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 54 ATTORNEY Appearance for Defendant HFR Asset Management, LLC by Allison Hudson (Hudson, Allison) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 53 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by HFR Asset Management, LLC (Thorsness, William) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 52 ATTORNEY Appearance for Defendant HFR Asset Management, LLC by William W. Thorsness, III (Thorsness, William) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 51 COPY OF NOTICE of Hearing Session on May 28, 2020. (kp, ) [Transferred from Illinois Northern on 6/5/2020.] |
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Filing 50
ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket8, ) [Transferred from Illinois Northern on 6/5/2020.]
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| Filing 49 MINUTE entry before the Honorable Matthew F. Kennelly: Motion for extension of time #40 is granted; defendant JNL's response to the complaint is to be filed by 5/18/2020. (mk) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 47 Corporate Disclosure STATEMENT by Nuveen Small Cap Index Fund (Martin, Craig) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 46 ATTORNEY Appearance for Appellee Nuveen Small Cap Index Fund by Brienne M Letourneau (Letourneau, Brienne) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 45 ATTORNEY Appearance for Appellee Nuveen Small Cap Index Fund by Craig Christopher Martin (Martin, Craig) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 44 Notice of Motion Filed with JPML for Transfer to District of Massachusetts Pursuant to 28 U.S.C. 1407 by Wilmington Savings Fund Society, FSB (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Fitzgerald, John) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 42 ATTORNEY Appearance for Appellee Defendant IL-2 by Timothy Ryan Farrell (Farrell, Timothy) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 48 MOTION for Transfer of Actions to the District of Massachusetts Pursuant to 28 USC Section 1407 for Coordinated or Consolidated Pretrial Proceedings. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Envelope) (td, ) [Transferred from Illinois Northern on 6/5/2020.] |
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Filing 43
ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket8, ) [Transferred from Illinois Northern on 6/5/2020.]
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| Filing 41 NOTICE of Motion by John Matthew Fitzgerald for presentment of motion for extension of time to file response/reply #40 before Honorable Matthew F. Kennelly on 5/6/2020 at 09:30 AM. (Fitzgerald, John) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 40 MOTION by Appellee Defendant IL-2, Appellant Wilmington Savings Fund Society, FSB for extension of time to file response/reply to Complaint (Fitzgerald, John) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 39 ATTORNEY Appearance for Appellee Defendant IL-2 by Timothy Ryan Farrell (Farrell, Timothy) (Incorrect PDF document linked - docket text modified by Clerks Office) (ecw, ). [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 38 MINUTE entry before the Honorable Matthew F. Kennelly: Motion of Edward Friedman to appear pro hac vice #14 is granted. Motions for extension of time #28 #36 are also granted; the deadline for moving defendants' responses to the complaint is extended to 5/18/2020. At the Court's instance, the status hearing set for 4/8/2020 is vacated and reset to 5/20/2020 at 9:30 AM. The parties are directed to confer and file a joint status report by 5/18/2020 discussing the status of service of process on the defendants; the status of any discussions regarding settlement; and a proposed discovery schedule. The Court directs that these deadlines are not affected by General Order 20-0012 and will not be affected by any similar general order entered hereafter. (mk) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 37 NOTICE of Motion by John Matthew Fitzgerald for presentment of motion for extension of time to file response/reply #36 before Honorable Matthew F. Kennelly on 4/7/2020 at 09:30 AM. (Fitzgerald, John) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 36 MOTION by Appellee Peak6 Investments LLC, Appellant Wilmington Savings Fund Society, FSB for extension of time to file response/reply to Complaint (Fitzgerald, John) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 35 ATTORNEY Appearance for Appellee Peak6 Investments LLC by Shaun M. Van Horn (Van Horn, Shaun) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 34 ATTORNEY Appearance for Appellee Peak6 Investments LLC by Louis E Fogel (Fogel, Louis) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 33 ATTORNEY Appearance for Appellees State Farm Small Cap Index Fund, State Farm Variable Products Trust by Bruce N. Menkes (Menkes, Bruce) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 32 ATTORNEY Appearance for Appellees State Farm Small Cap Index Fund, State Farm Variable Products Trust by Steven P. Mandell (Mandell, Steven) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 31 ATTORNEY Appearance for Appellees State Farm Small Cap Index Fund, State Farm Variable Products Trust by Keith E Allen (Allen, Keith) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 30 AFFIDAVIT of Service filed by Appellant Wilmington Savings Fund Society, FSB regarding Redacted Complaint and Demand for Jury Trial served on HFA Asset Management (HFR MA) on March 9, 2020 (Fitzgerald, John) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 29 NOTICE of Motion by John Matthew Fitzgerald for presentment of motion for extension of time to file response/reply #28 before Honorable Matthew F. Kennelly on 4/7/2020 at 09:30 AM. (Fitzgerald, John) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 28 MOTION by Appellees Mary Margaret Hastings Georgiades, Telendos, LLC, Appellant Wilmington Savings Fund Society, FSB for extension of time to file response/reply to Complaint (Fitzgerald, John) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 27 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Telendos, LLC (Kipp, Matthew) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 26 SUMMONS Returned Executed by Wilmington Savings Fund Society, FSB as to State Farm Variable Products Trust on 3/12/2020, answer due 4/2/2020. (Fitzgerald, John) Modified on 3/25/2020 (ecw, ). [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 25 SUMMONS Returned Executed by Wilmington Savings Fund Society, FSB as to State Farm Small Cap Index Fund on 3/12/2020, answer due 4/2/2020. (Fitzgerald, John) Modified on 3/25/2020 (ecw, ). [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 24 SUMMONS Returned Executed by Wilmington Savings Fund Society, FSB as to Peak6 Investments LLC on 3/9/2020, answer due 3/30/2020. (Fitzgerald, John) Modified on 3/25/2020 (ecw, ). [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 23 SUMMONS Returned Executed by Wilmington Savings Fund Society, FSB as to Nuveen Small Cap Index Fund on 3/9/2020, answer due 3/30/2020. (Fitzgerald, John) Modified on 3/25/2020 (ecw, ). [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 22 SUMMONS Returned Executed by Wilmington Savings Fund Society, FSB as to Northern Small Cap Value Fund on 3/9/2020, answer due 3/30/2020. (Fitzgerald, John) Modified on 3/25/2020 (ecw, ). [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 21 SUMMONS Returned Executed by Wilmington Savings Fund Society, FSB as to Northern Small Cap Index Fund on 3/9/2020, answer due 3/30/2020. (Fitzgerald, John) Modified on 3/25/2020 (ecw, ). [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 20 SUMMONS Returned Executed by Wilmington Savings Fund Society, FSB as to Northern Small Cap Core Fund on 3/9/2020, answer due 3/30/2020. (Fitzgerald, John) Modified on 3/25/2020 (ecw, ). [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 19 ATTORNEY Appearance for Appellees Mary Margaret Hastings Georgiades, Telendos, LLC by Timothy Michael Frey (Frey, Timothy) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 18 ATTORNEY Appearance for Appellees Mary Margaret Hastings Georgiades, Telendos, LLC by Matthew Robert Kipp (Kipp, Matthew) [Transferred from Illinois Northern on 6/5/2020.] |
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Filing 17
ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (ecw, ) [Transferred from Illinois Northern on 6/5/2020.]
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| Filing 16 MINUTE entry before the Honorable Matthew F. Kennelly: Initial status hearing is set to 9:00 a.m. on 4/8/2020 before Judge Kennelly, in Chambers, Room 2188. Parties are to review and comply with Judge Kennelly's standing initial order, which may be found on his web page, located at http://www.ilnd.uscourts.gov/_assets/_documents/_forms/_JUDGES/KENNELLY/INIT-ORD.htm. Counsel for plaintiff(s) are ordered to cause a copy of this order to be delivered forthwith to each defendant who has not yet appeared by counsel in the same manner that summons has been or is being served on each defendant. (mk) [Transferred from Illinois Northern on 6/5/2020.] |
| SUMMONS Issued as to Appellees Defendant IL-1, Defendant IL-2, Flexshares Morningstar US Market Factor Tilt Index Fund, Mary Margaret Hastings Georgiades, Northern Small Cap Core Fund, Northern Small Cap Index Fund, Northern Small Cap Value Fund, Nuveen Small Cap Index Fund, Peak6 Investments LLC, State Farm Small Cap Index Fund, State Farm Variable Products Trust, Telendos, LLC (dxb, ) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 15 Edward Friedman's Corrected MOTION for Leave to Appear Pro Hac Vice, receipt number 0752-16744094 by Wilmington Savings Fund Society, FSB (Friedman, Edward) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 14 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16744094. (Friedman, Edward) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 13 MINUTE entry before the Honorable Matthew F. Kennelly: Ex parte motion for leave to file unredacted complaint under seal #5 is granted. Motion of attorney Robert Lack to appear pro hac vice #10 is granted. (mk) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 12 Corrected NOTICE of Motion by John Matthew Fitzgerald for presentment of motion for leave to file, #5 before Honorable Matthew F. Kennelly on 2/20/2020 at 09:30 AM. (Fitzgerald, John) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 11 NOTICE of Motion by John Matthew Fitzgerald for presentment of motion for leave to file, #5 before Honorable Matthew F. Kennelly on 2/20/2020 at 09:30 AM. (Fitzgerald, John) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16735632. (Lack, Robert) [Transferred from Illinois Northern on 6/5/2020.] |
| CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (dxb, ) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 9 ATTORNEY Appearance for Plaintiff 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 by Kyle Alexander Cooper (Cooper, Kyle) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 8 Corporate Disclosure Statement 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 (Fitzgerald, John) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 7 Proposed Order 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 (Fitzgerald, John) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 6 DECLARATION of Priyanka K. Wityk in support of Plaintiff's ex parte emergency motion for leave to file the unredacted complaint under seal (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Fitzgerald, John) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 5 MOTION by Plaintiff 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 for leave to file Unredacted Complaint Under Seal (Fitzgerald, John) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 4 ATTORNEY Appearance for Plaintiff 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 by John Matthew Fitzgerald (Fitzgerald, John) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 3 CIVIL Cover Sheet (Fitzgerald, John) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 2 SEALED DOCUMENT by Plaintiff 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 (Fitzgerald, John) [Transferred from Illinois Northern on 6/5/2020.] |
| Filing 1 COMPLAINT Redacted 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 ; Jury Demand. Filing fee $ 400, receipt number 0752-16731800.(Fitzgerald, John) [Transferred from Illinois Northern on 6/5/2020.] |
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