Marc S. Kirschner, et al v. Schwab Capital Trust
Plaintiff: Marc S Kirschner and Wilmington Savings Fund Society, FSB
Defendant: Schwab Capital Trust
Case Number: 1:2020cv04480
Filed: June 11, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Jed S Rakoff
Nature of Suit: Other Fraud
Cause of Action: 28:1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 27, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 27, 2020 Filing 35 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)
July 27, 2020 Filing 34 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)
July 24, 2020 Filing 33 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)
July 24, 2020 Filing 32 NOTICE OF APPEARANCE by Brian Christopher Raphel on behalf of Schwab Capital Trust..(Raphel, Brian)
July 2, 2020 Opinion or Order Filing 31 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)
July 1, 2020 Opinion or Order Filing 30 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)
June 30, 2020 Filing 29 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)
June 30, 2020 >>>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)
June 24, 2020 Filing 28 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)
June 24, 2020 Filing 27 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)
June 24, 2020 Filing 26 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)
June 24, 2020 Filing 25 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)
June 24, 2020 Filing 24 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)
June 22, 2020 Opinion or Order Filing 23 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)
June 22, 2020 Filing 22 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)
June 22, 2020 Filing 21 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)
June 12, 2020 Opinion or Order Filing 20 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)
June 12, 2020 CONSOLIDATED MEMBER CASE: Create association to 1:20-md-02941-JSR. (mml)
June 11, 2020 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)
June 11, 2020 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)
June 11, 2020 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)
June 11, 2020 CONSOLIDATED MDL CASE: Create association to 1:20-md-02941-JSR. (sjo)
June 11, 2020 CASE ACCEPTED AS RELATED. Create association to 1:20-md-02941-JSR. (sjo)
June 11, 2020 Case Designated ECF. (sjo)
June 11, 2020 Filing 19 MDL CASE TRANSFERRED IN from the United States District Court - District of California Central; Case Number: 2:20-cv-03169. Original file certified copy of transfer order and docket entries received. (sjo)
June 11, 2020 Filing 18 Conditional Transfer Order - 1 from the United States Judicial Panel on Multidistrict Litigation, MDL 2941, transferring case to USDC, Southern District of New York and assigned to Honorable Jed S. Rakoff. Case transferred electronically. (MD JS-6. Case Terminated.) (lom) [Transferred from California Central on 6/11/2020.]
May 12, 2020 Opinion or Order Filing 17 ORDER GRANTING JOINT MOTION TO PARTIALLY STAY PROCEEDINGS TO JUNE 30, 2020 #16 by Judge Michael W. Fitzgerald: IT IS ORDERED that The Motion is GRANTED and the hearing noticed for June 8, 2020 is VACATED. (et) [Transferred from California Central on 6/11/2020.]
May 11, 2020 Filing 16 Joint NOTICE OF MOTION AND MOTION to Stay Case pending (PARTIALLY) PROCEEDINGS THROUGH JUNE 30, 2020 filed by PLAINTIFFS Marc S. Kirschner, Wilmington Savings Fund Society, FSB. Motion set for hearing on 6/8/2020 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Order) (Lapine, Ryan) [Transferred from California Central on 6/11/2020.]
April 21, 2020 Filing 15 STIPULATION Extending Time to Answer the complaint as to Schwab Capital Trust answer now due 5/18/2020, re Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiffs Marc S. Kirschner; Wilmington Savings Fund Society, FSB.(Lapine, Ryan) [Transferred from California Central on 6/11/2020.]
April 13, 2020 Opinion or Order Filing 14 ORDER by Judge Michael W. Fitzgerald: granting #12 Non-Resident Attorney Allan B Diamond APPLICATION to Appear Pro Hac Vice on behalf of Marc S. Kirschner, Wilmington Savings Fund Society, FSB, designating Ryan M Lapine as local counsel. (lom) [Transferred from California Central on 6/11/2020.]
April 10, 2020 Filing 13 DECLARATION of RYAN M. LAPINE re APPLICATION of Non-Resident Attorney ALLAN B. DIAMOND to Appear Pro Hac Vice on behalf of Plaintiffs Marc S. Kirschner, Wilmington Savings Fund Society, FSB (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26051388) #12 filed by Plaintiffs Marc S. Kirschner, Wilmington Savings Fund Society, FSB. (Lapine, Ryan) [Transferred from California Central on 6/11/2020.]
April 10, 2020 Filing 12 APPLICATION of Non-Resident Attorney ALLAN B. DIAMOND to Appear Pro Hac Vice on behalf of Plaintiffs Marc S. Kirschner, Wilmington Savings Fund Society, FSB (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26051388) filed by PLAINTIFFS Marc S. Kirschner, Wilmington Savings Fund Society, FSB. (Attachments: #1 Proposed Order) (Lapine, Ryan) [Transferred from California Central on 6/11/2020.]
April 10, 2020 Filing 11 NOTICE Notice of Plaintiffs' Notice of Related Actions Filed with United States Judicial Panel for Multidistrict Litigation filed by Plaintiff Marc S. Kirschner, Wilmington Savings Fund Society, FSB. (Attachments: #1 Exhibit Notice of Related Actions, #2 Exhibit Schedule of Additional Actions, #3 Exhibit Docket Sheets and Complaints in the Additional Actions, #4 Exhibit Proof of Service of Notice of Related Actions, #5 Exhibit Motion for Transfer, #6 Exhibit Brief in Support of the Motion for Transfer, #7 Exhibit Schedule of Actions, #8 Exhibit Declaration of Priyanka Wityk, #9 Exhibit Docket Sheets and Complaints in the Actions, #10 Exhibit Amended Proof of Service of the Motion for Transfer)(Lapine, Ryan) [Transferred from California Central on 6/11/2020.]
April 8, 2020 Opinion or Order Filing 10 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 2:20-cv-01480 MWF (KSx). Case transferred from Judge Dean D. Pregerson and Magistrate Judge Alka Sagar to Judge Michael W. Fitzgerald and Magistrate Judge Karen L. Stevenson for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:20-cv-03169 MWF (KSx). Signed by Judge Michael W. Fitzgerald (esa) [Transferred from California Central on 6/11/2020.]
April 7, 2020 Filing 9 NOTICE of Related Case(s) filed by Plaintiffs Marc S. Kirschner, Wilmington Savings Fund Society, FSB. Related Case(s): 2:20-cv-1480, 2:20-cv-1484, 2:20-cv-1922 and 2:20-cv-3168 (Lapine, Ryan) [Transferred from California Central on 6/11/2020.]
April 7, 2020 Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening),, #1 as to Defendant Schwab Capital Trust. (shb) [Transferred from California Central on 6/11/2020.]
April 6, 2020 Filing 7 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiff Marc S. Kirschner. (Lapine, Ryan) [Transferred from California Central on 6/11/2020.]
April 6, 2020 Filing 6 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Allan B. Diamond. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (esa) [Transferred from California Central on 6/11/2020.]
April 6, 2020 Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) [Transferred from California Central on 6/11/2020.]
April 6, 2020 Filing 4 NOTICE OF ASSIGNMENT to District Judge Dean D. Pregerson and Magistrate Judge Alka Sagar. (esa) [Transferred from California Central on 6/11/2020.]
April 5, 2020 Filing 3 NOTICE Notice of Interested Parties and Disclosure Statement filed by Plaintiffs MARC S. KIRSCHNER, as Trustee for the NWHI LITIGATION TRUST, 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. (Lapine, Ryan) [Transferred from California Central on 6/11/2020.]
April 5, 2020 Filing 2 CIVIL COVER SHEET filed by Plaintiffs MARC S. KIRSCHNER, as Trustee for the NWHI LITIGATION TRUST, 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. (Lapine, Ryan) [Transferred from California Central on 6/11/2020.]
April 5, 2020 Filing 1 COMPLAINT Receipt No: ACACDC-25974828 - Fee: $400, filed by Plaintiffs MARC S. KIRSCHNER, as Trustee for the NWHI LITIGATION TRUST, 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. (Attorney Ryan M Lapine added to party MARC S. KIRSCHNER, as Trustee for the NWHI LITIGATION TRUST(pty:pla), Attorney Ryan M Lapine added to party 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 (pty:pla))(Lapine, Ryan) [Transferred from California Central on 6/11/2020.]

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Plaintiff: Marc S Kirschner
Represented By: Allan B Diamond
Represented By: Ryan M Lapine
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Plaintiff: Wilmington Savings Fund Society, FSB
Represented By: Allan B Diamond
Represented By: Ryan M Lapine
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Defendant: Schwab Capital Trust
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