Preston Hollow Capital LLC v. Nuveen LLC et al
| Preston Hollow Capital LLC |
| Nuveen Investments, Inc., John V. Miller, Nuveen LLC, Nuveen Securities LLC and Nuveen Asset Management LLC |
| 1:2020cv05597 |
| July 20, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| P Kevin Castel |
| Anti-Trust |
| 15 U.S.C. § 25 |
| Both |
Docket Report
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This docket was last retrieved on April 25, 2022. A more recent docket listing may be available from PACER.
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Filing 53
NOTICE OF APPEARANCE by Mark Edward Rizik on behalf of John V. Miller, Nuveen Asset Management LLC..(Rizik, Mark)
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Filing 52
NOTICE OF APPEARANCE by Jeffrey L. Kessler on behalf of John V. Miller, Nuveen Asset Management LLC..(Kessler, Jeffrey)
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Filing 51
NOTICE OF APPEARANCE by Charlotte Davenport Stewart on behalf of Preston Hollow Capital LLC..(Stewart, Charlotte)
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Filing 50
MEMO ENDORSEMENT: on re: #49 Letter filed by Preston Hollow Capital LLC. ENDORSEMENT: I will allow a one-time extension to October 11, 2021 to move this Court to add additional parties as defendants. SO ORDERED., ( Amended Pleadings due by 10/11/2021.) (Signed by Judge P. Kevin Castel on 9/20/2021) (ama)
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Filing 49
LETTER addressed to Judge P. Kevin Castel from R. Scott Thompson dated September 20, 2021 re: Extension of Deadline to Amend Complaint. Document filed by Preston Hollow Capital LLC. (Attachments: #1 Exhibit A).(Thompson, R.)
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Filing 48
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is: Two weeks. Deposition due by 5/31/2022. Fact Discovery due by 5/31/2022. Expert Discovery due by 10/31/2022. Case Management Conference set for 6/16/2022 at 10:30 AM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 8/26/2021) (ate)
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Filing 47
JOINT LETTER addressed to Judge P. Kevin Castel from R. Scott Thompson and Eva W. Cole dated August 25, 2021 re: the Courts Order dated August 11, 2021 regarding a Proposed Case Management Plan and Scheduling Order. Document filed by Preston Hollow Capital LLC. (Attachments: #1 Exhibit A).(Thompson, R.)
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Filing 46
ANSWER to #26 Amended Complaint, with JURY DEMAND. Document filed by John V. Miller, Nuveen Asset Management LLC..(Cole, Eva)
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Filing 45
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Oral Argument proceeding held on 7/27/21 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....(Moya, Goretti)
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Filing 44
TRANSCRIPT of Proceedings re: Oral Argument held on 7/27/2021 before Judge P. Kevin Castel. Court Reporter/Transcriber: Carol Ganley, (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 9/9/2021. Redacted Transcript Deadline set for 9/20/2021. Release of Transcript Restriction set for 11/17/2021..(Moya, Goretti)
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Filing 43
ORDER: The parties are directed to meet and confer regarding an amended Case Management Plan and Scheduling Order. A jointly proposed Plan shall be submitted to the Court by August 25, 2021. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/11/2021) (vfr)
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Filing 42
OPINION AND ORDER: re: #31 MOTION to Dismiss Amended Complaint pursuant to 12(b)(6) of the Federal Rules of Civil Procedure filed by Nuveen Asset Management LLC, Nuveen LLC, Nuveen Investments, Inc., John V. Miller, Nuveen Securities LLC. Nuveen LLC, Nuveen Investments, Inc. and Nuveen Securities LLC are dismissed without prejudice. (Doc 41). The motion of Nuveen Asset Management LLC to dismiss the Complaint is DENIED. (Doc 31). The Clerk is directed to terminate the motion. (Doc 31). SO ORDERED. (Signed by Judge P. Kevin Castel on 8/10/2021), *** Party Nuveen Securities LLC, Nuveen Investments, Inc. and Nuveen LLC terminated. (ama) Modified on 8/10/2021 (ama).
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Filing 41
LETTER addressed to Judge P. Kevin Castel from R. Scott Thompson dated August 2, 2021 re: Nuveen Defendants Named in the Amended Complaint. Document filed by Preston Hollow Capital LLC..(Thompson, R.)
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Filing 40
ORDER: The next proceeding will take place today as scheduled on July 27, 2021 at 2:00 P.M. in Courtroom 11D at 500 Pearl Street, New York, New York. Remote public access is available at the following number: Dial-in: (888) 363-4749; Access Code: 3667981. Members of the public must mute their phones and are not permitted to speak during the proceeding. SO ORDERED., ( Oral Argument set for 7/27/2021 at 02:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 7/27/2021) (ama)
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Minute Entry for proceedings held before Judge P. Kevin Castel: Oral Argument held on 7/27/2021 re: #31 MOTION to Dismiss filed by Nuveen Asset Management LLC, Nuveen LLC, Nuveen Investments, Inc., John V. Miller, Nuveen Securities LLC. The Court reserves decision. The parties to submit letter by August 2, 2021 with respect to the Nuveen defendants named in the Complaint. (Court Reporter Carol Ganley) (Nacanther, Florence)
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Filing 39
ORDER: Presently before the Court is defendants' motion to dismiss (Doc 31). The Court will hear oral argument on the motion on July 27, 2021 at 2:00 P.M. in Courtroom 11D at 500 Pearl Street, New York, New York. The Clerk is directed to terminate defendants' motion for oral argument on the motion to dismiss. (Doc 38). SO ORDERED., ( Oral Argument set for 7/27/2021 at 02:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 7/20/2021) (ama)
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Filing 38
LETTER MOTION for Oral Argument on Motion to Dismiss the Complaint (Dkt. No. 32), addressed to Judge P. Kevin Castel from Eva W. Cole dated January 20, 2021. Document filed by John V. Miller, Nuveen Asset Management LLC, Nuveen Investments, Inc., Nuveen LLC, Nuveen Securities LLC..(Cole, Eva)
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Filing 37
DECLARATION of Eva W. Cole in Support re: #31 MOTION to Dismiss Amended Complaint pursuant to 12(b)(6) of the Federal Rules of Civil Procedure.. Document filed by John V. Miller, Nuveen Asset Management LLC, Nuveen Investments, Inc., Nuveen LLC, Nuveen Securities LLC. (Attachments: #1 Exhibit 15 - Expedite Oral Argument Transcript, #2 Exhibit 16 - Compel Oral Argument Transcript, #3 Exhibit 17 - Post-Trial Oral Argument Transcript, #4 Exhibit 18 - Nuveen Opposition to Expedite, #5 Exhibit 19 - Nuveen Written Closing Argument, #6 Exhibit 20 - PHC Motion to Expedite, #7 Exhibit 21 - Defamation Complaint, #8 Exhibit 22 - JX 309 Call Transcript).(Cole, Eva)
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Filing 36
REPLY MEMORANDUM OF LAW in Support re: #31 MOTION to Dismiss Amended Complaint pursuant to 12(b)(6) of the Federal Rules of Civil Procedure. . Document filed by John V. Miller, Nuveen Asset Management LLC, Nuveen Investments, Inc., Nuveen LLC, Nuveen Securities LLC..(Cole, Eva)
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Filing 35
DECLARATION of R. Scott Thompson in Opposition re: #31 MOTION to Dismiss Amended Complaint pursuant to 12(b)(6) of the Federal Rules of Civil Procedure.. Document filed by Preston Hollow Capital LLC. (Attachments: #1 Exhibit 1 - TIAA Annual Statement, #2 Exhibit 2 - FINRA Broker Check, #3 Exhibit 3 - Chancery Trial Tr., #4 Exhibit 4 - Chancery Court Final Order, #5 Exhibit 5 - Chancery Post-Trial Oral Argument, #6 Exhibit 6 - Chancery Telephonic MTD Ruling, #7 Exhibit 7 - PHC Chancery MTD Answering Brief).(Thompson, R.)
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Filing 34
MEMORANDUM OF LAW in Opposition re: #31 MOTION to Dismiss Amended Complaint pursuant to 12(b)(6) of the Federal Rules of Civil Procedure. . Document filed by Preston Hollow Capital LLC..(Thompson, R.)
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Filing 33
DECLARATION of Eva W. Cole in Support re: #31 MOTION to Dismiss Amended Complaint pursuant to 12(b)(6) of the Federal Rules of Civil Procedure.. Document filed by John V. Miller, Nuveen Asset Management LLC, Nuveen Investments, Inc., Nuveen LLC, Nuveen Securities LLC. (Attachments: #1 Exhibit 1 - Chancery Compl., #2 Exhibit 2 - Trial Tr., #3 Exhibit 3 - Motion to Expedite, #4 Exhibit 4 - Expedite Tr., #5 Exhibit 5 - Answering Br., #6 Exhibit 6 - PHC FOF, #7 Exhibit 7 - PHC WCA, #8 Exhibit 8 - PHC Reply WCA, #9 Exhibit 9 - Nuveen MTD, #10 Exhibit 10 - MTD Ruling Tr., #11 Exhibit 11 - MDT Arg. Tr., #12 Exhibit 12 - Final Order, #13 Exhibit 13 - Nuveen Pre-Trial Br., #14 Exhibit 14 - February 22, 2019 Letter).(Cole, Eva)
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Filing 32
MEMORANDUM OF LAW in Support re: #31 MOTION to Dismiss Amended Complaint pursuant to 12(b)(6) of the Federal Rules of Civil Procedure. . Document filed by John V. Miller, Nuveen Asset Management LLC, Nuveen Investments, Inc., Nuveen LLC, Nuveen Securities LLC..(Cole, Eva)
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Filing 31
MOTION to Dismiss Amended Complaint pursuant to 12(b)(6) of the Federal Rules of Civil Procedure. Document filed by John V. Miller, Nuveen Asset Management LLC, Nuveen Investments, Inc., Nuveen LLC, Nuveen Securities LLC. Responses due by 12/21/2020.(Cole, Eva)
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Filing 30
NOTICE OF APPEARANCE by Molly Murphey Donovan on behalf of John V. Miller, Nuveen Asset Management LLC, Nuveen Investments, Inc., Nuveen LLC, Nuveen Securities LLC..(Donovan, Molly)
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Filing 29
LETTER addressed to Judge P. Kevin Castel from R. Scott Thompson dated November 5, 2020 re: Response to Defendants Letter dated October 30, 2020 Regarding Briefing Schedule for Defendants Motion to Dismiss Plaintiff's Amended Complaint. Document filed by Preston Hollow Capital LLC..(Thompson, R.)
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Filing 28
SCHEDULING ORDER: Defendants may file their motion to dismiss by November 20, 2020, memorandum up to 40 pages. Plaintiff shall respond to the motion by December 21, 2020, memorandum up to 40 pages. Any reply by defendants shall be filed by January 11, 2021, memorandum up to 20 pages. Discovery is stayed. (As further set forth in this Order.) Motions due by 11/20/2020. Responses due by 12/21/2020 Replies due by 1/11/2021. (Signed by Judge P. Kevin Castel on 11/4/2020) (cf)
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Filing 27
LETTER addressed to Judge P. Kevin Castel from Eva W. Cole dated October 30, 2020 re: Briefing Schedule and Page Limits for Forthcoming Motion to Dismiss Plaintiff's Amended Complaint. Document filed by John V. Miller, Nuveen Asset Management LLC, Nuveen Investments, Inc., Nuveen LLC, Nuveen Securities LLC..(Cole, Eva)
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Filing 26
AMENDED COMPLAINT amending #1 Complaint against John V. Miller, Nuveen Asset Management LLC, Nuveen Investments, Inc., Nuveen LLC, Nuveen Securities LLC with JURY DEMAND.Document filed by Preston Hollow Capital LLC. Related document: #1 Complaint..(Wollmuth, David)
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Filing 25
LETTER addressed to Judge P. Kevin Castel from R. Scott Thompson dated October 16, 2020 re: Position as to recusal. Document filed by Preston Hollow Capital LLC..(Thompson, R.)
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Filing 24
LETTER addressed to Judge P. Kevin Castel from Eva W. Cole dated October 16, 2020 re: Position as to recusal. Document filed by John V. Miller, Nuveen Asset Management LLC, Nuveen Investments, Inc., Nuveen LLC, Nuveen Securities LLC..(Cole, Eva)
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Minute Entry for proceedings held before Judge P. Kevin Castel: Initial Pretrial Conference held on 10/9/2020. Minute Entry for proceedings held before Judge P. Kevin Castel: Initial Pretrial Conference held on 10/9/2020. Each party is directed to file within 7 days a letter stating its position whether the Judges recusal is required by reason of his ownership of municipal bonds held in an account that is managed by Nuveen at a third-party broker-dealer; the Judge states that he has no direct contact with the manager of the account. Also within 7 days, each party shall fax or email to Chambers a letter stating whether the party agrees to return to the previously retained private mediator at this juncture. Plaintiff is granted leave to amend the complaint within 14 days from today. If plaintiff elects to amend, defendants must submit a new pre-motion letter. If plaintiff elects not to amend, defendants motion to dismiss is due November 20, 2020, plaintiffs response due December 21, 2020, and defendants reply due January 11, 2021. Page limits for defendants motion to dismiss and plaintiffs response shall be 40 pages, defendants reply shall be 20 pages. Discovery is stayed. (Nacanther, Florence)
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NOTICE: The initial conference scheduled for October 9, 2020 at 11:30 a.m. will proceed telephonically. Dial-In: 888-363-4749, Access Code: 3667981. (Nacanther, Florence)
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Filing 23
JOINT LETTER addressed to Judge P. Kevin Castel from R. Scott Thompson and Eva W. Cole dated October 2, 2020 re: the Courts Order dated August 19, 2020. Document filed by Preston Hollow Capital LLC..(Thompson, R.)
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Filing 22
LETTER addressed to Judge P. Kevin Castel from R. Scott Thompson dated September 17, 2020 re: Response to Defendants' Letter dated September 11, 2020 Regarding Request for a Briefing Schedule for a Motion to Dismiss the Complaint. Document filed by Preston Hollow Capital LLC..(Thompson, R.)
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Filing 21
LETTER addressed to Judge P. Kevin Castel from Eva W. Cole dated September 11, 2020 re: Request for a briefing schedule for a motion to dismiss the Complaint for failure to state a claim under Rule 12(b)(6). Document filed by John V. Miller, Nuveen Asset Management LLC, Nuveen Investments, Inc., Nuveen LLC, Nuveen Securities LLC..(Cole, Eva)
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Filing 20
ORDER granting #19 Letter Motion for Extension of Time; granting #19 Letter Motion to Adjourn Conference: Extension of time to answer or otherwise respond to the complaint to September 11, 2020 is GRANTED. The initial pretrial conference previously scheduled for September 16, 2020 is adjourned to October 9, 2020 at 11:30am. (Initial Conference set for 10/9/2020 at 11:30 PM before Judge P. Kevin Castel.). (Signed by Judge P. Kevin Castel on 8/27/2020) (jwh)
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Set/Reset Deadlines: John V. Miller answer due 9/11/2020; Nuveen Asset Management LLC answer due 9/11/2020; Nuveen Investments, Inc. answer due 9/11/2020; Nuveen LLC answer due 9/11/2020; Nuveen Securities LLC answer due 9/11/2020. (jwh)
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Filing 19
CONSENT LETTER MOTION for Extension of Time to respond to operative Complaint, from September 4, 2020 to September 11, 2020, addressed to Judge P. Kevin Castel from Eva W. Cole dated August 26, 2020., JOINT LETTER MOTION to Adjourn Conference (Initial Pre-Trial Conference) scheduled for September 16, 2020 until after resolution of Defendants' forthcoming motion to dismiss, addressed to Judge P. Kevin Castel from Eva W. Cole dated August 26, 2020. Document filed by John V. Miller, Nuveen Asset Management LLC, Nuveen Investments, Inc., Nuveen LLC, Nuveen Securities LLC..(Cole, Eva)
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Filing 18
ORDER granting #17 Motion for Jeanifer E. Parsigian to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence)
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Filing 17
MOTION for Jeanifer E. Parsigian to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21267289. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by John V. Miller, Nuveen Asset Management LLC, Nuveen Investments, Inc., Nuveen LLC, Nuveen Securities LLC. (Attachments: #1 Declaration of Jeanifer E. Parsigian, with Certificate, #2 Text of Proposed Order).(Parsigian, Jeanifer)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Jeanifer E. Parsigian to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21267289. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 16
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Nuveen Investments, Inc. for Nuveen Asset Management LLC, Nuveen Securities LLC; Corporate Parent Nuveen LLC, Corporate Parent Nuveen Holdings Inc., Corporate Parent Nuveen Holdings 1, Inc., Corporate Parent Nuveen Finance, LLC for Nuveen Investments, Inc.; Corporate Parent TIAA Board of Overseers, Corporate Parent Teachers Insurance and Annuity Association of America for Nuveen LLC. Document filed by Nuveen Asset Management LLC, Nuveen Investments, Inc., Nuveen LLC, Nuveen Securities LLC..(Cole, Eva)
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Filing 15
NOTICE OF APPEARANCE by Eva W. Cole on behalf of John V. Miller, Nuveen Asset Management LLC, Nuveen Investments, Inc., Nuveen LLC, Nuveen Securities LLC..(Cole, Eva)
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Filing 14
AFFIDAVIT OF SERVICE. John V. Miller served on 8/14/2020, answer due 9/4/2020; Nuveen Asset Management LLC served on 8/14/2020, answer due 9/4/2020; Nuveen Investments, Inc. served on 8/14/2020, answer due 9/4/2020; Nuveen LLC served on 8/14/2020, answer due 9/4/2020; Nuveen Securities LLC served on 8/14/2020, answer due 9/4/2020. Service was accepted by Eva W. Cole, attorney for Defendants. Document filed by Preston Hollow Capital LLC..(Thompson, R.)
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Filing 13
ORDER INITIAL PRETRIAL CONFERENCE: Counsel for all parties shall appear for an Initial Pretrial Conference, held pursuant to Rule 16 of the Federal Rules of Civil Procedure, on September 16, 2020 at 12:00 p.m. in Courtroom 11D at the United States Courthouse, 500 Pearl Street, New York, New York. Principal trial counsel shall appear at this and all subsequent conferences. Initial Conference set for 9/16/2020 at 12:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 8/19/2020) (va)
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Filing 12
MEMO ENDORSEMENT on re: #11 Letter Order Concerning Diversity Jurisdiction filed by Preston Hollow Capital LLC. ENDORSEMENT: Paragraph 11 is deemed stricken from the Complaint. So Ordered. (Signed by Judge P. Kevin Castel on 8/11/20) (yv)
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Filing 11
LETTER addressed to Judge P. Kevin Castel from R. Scott Thompson dated August 10, 2020 re: Order Concerning Diversity Jurisdiction. Document filed by Preston Hollow Capital LLC..(Thompson, R.)
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Filing 10
ORDER: The plaintiff shall amend its complaint to allege truthfully and accurately the citizenship of each of its constituent members and serve an interrogatory upon the defendant limited liability companies seeking the citizenship of the members of the defendant LLCs. Plaintiff shall amend its complaint within 30 days or the diversity jurisdiction allegations will be dismissed from the complaint. (Signed by Judge P. Kevin Castel on 7/22/2020) (jwh)
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Filing 9
ELECTRONIC SUMMONS ISSUED as to John V. Miller, Nuveen Asset Management LLC, Nuveen Investments, Inc., Nuveen LLC, Nuveen Securities LLC..(pne)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. 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..(pne)
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Magistrate Judge James L. Cott 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. (pne)
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Case Designated ECF. (pne)
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Filing 8
NOTICE OF APPEARANCE by Nicole Rende on behalf of Preston Hollow Capital LLC..(Rende, Nicole)
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Filing 7
NOTICE OF APPEARANCE by Sean Patrick McGonigle on behalf of Preston Hollow Capital LLC..(McGonigle, Sean)
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Filing 6
NOTICE OF APPEARANCE by Michael Christopher Ledley on behalf of Preston Hollow Capital LLC..(Ledley, Michael)
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Filing 5
NOTICE OF APPEARANCE by R. Scott Thompson on behalf of Preston Hollow Capital LLC..(Thompson, R.)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Nuveen LLC, Nuveen Investments, Inc., Nuveen Securities LLC, Nuveen Asset Management LLC, and John V. Miller, re: #1 Complaint. Document filed by Preston Hollow Capital LLC..(Wollmuth, David)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Preston Hollow Capital LLC..(Wollmuth, David)
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Filing 2
CIVIL COVER SHEET filed..(Wollmuth, David)
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Filing 1
COMPLAINT against John V. Miller, Nuveen Asset Management LLC, Nuveen Investments, Inc., Nuveen LLC, Nuveen Securities LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-20763410)Document filed by Preston Hollow Capital LLC..(Wollmuth, David)
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