Budo Trading LLC v. J.P. Morgan Chase & Co. et al
| Budo Trading LLC |
| J.P. Morgan Chase & Co., J.P. Morgan Futures, Inc., J.P. Morgan Clearing Corp., J.P. Morgan Securities LLC and John Does |
| Synova Asset Management, LLC and Charles Herbert Proctor, III |
| 1:2020cv05772 |
| July 24, 2020 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Securities/Commodities |
| Plaintiff |
Docket Report
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| Filing 29 RESPONSE in Support of Motion re: #22 MOTION to Appoint Counsel Lowey Dannenberg P.C. and Kirby McInerney LLP as Interim Co-Lead Counsel and Consolidate Related Cases. . Document filed by Charles Herbert Proctor, III, Synova Asset Management, LLC..(Lerner, Karen) |
| Filing 28 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/13/2020 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....(McGuirk, Kelly) |
| Filing 27 TRANSCRIPT of Proceedings re: CONFERNECE held on 8/13/2020 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Andrew Walker, (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 9/24/2020. Redacted Transcript Deadline set for 10/5/2020. Release of Transcript Restriction set for 12/2/2020..(McGuirk, Kelly) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #25 Proposed Order was reviewed and approved as to form. (dt) |
| Filing 26 MEMORANDUM OF LAW in Support re: #22 MOTION to Appoint Counsel Lowey Dannenberg P.C. and Kirby McInerney LLP as Interim Co-Lead Counsel and Consolidate Related Cases. . Document filed by Budo Trading LLC..(Millen, Douglas) |
| Filing 25 PROPOSED ORDER. Document filed by Charles Herbert Proctor, III, Synova Asset Management, LLC. Related Document Number: #22 ..(Lerner, Karen) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 24 DECLARATION of Karen M. Lerner in Support re: #22 MOTION to Appoint Counsel Lowey Dannenberg P.C. and Kirby McInerney LLP as Interim Co-Lead Counsel and Consolidate Related Cases.. Document filed by Charles Herbert Proctor, III, Synova Asset Management, LLC. (Attachments: #1 Exhibit A - Lowey Resume, #2 Exhibit B - Kirby Resume, #3 Exhibit C - Billing and Expense Protocol, #4 Exhibit D - Breakwater LLC, #5 Exhibit E - Endeavor LLC, #6 Exhibit F - WSJ Article).(Lerner, Karen) |
| Filing 23 MEMORANDUM OF LAW in Support re: #22 MOTION to Appoint Counsel Lowey Dannenberg P.C. and Kirby McInerney LLP as Interim Co-Lead Counsel and Consolidate Related Cases. . Document filed by Charles Herbert Proctor, III, Synova Asset Management, LLC..(Lerner, Karen) |
| Filing 22 MOTION to Appoint Counsel Lowey Dannenberg P.C. and Kirby McInerney LLP as Interim Co-Lead Counsel and Consolidate Related Cases. Document filed by Charles Herbert Proctor, III, Synova Asset Management, LLC..(Lerner, Karen) |
| Filing 21 MEMO ENDORSEMENT on re: [25 in 1:20-cv-03515-PAE et al] Letter. ENDORSEMENT; The Court adopts the proposed schedule and sets September 4, 2020 as the due date for any responses to motions to consolidate or motions to appoint lead counsel. (Motions due by 8/21/2020. Responses due by 9/4/2020) (Signed by Judge Paul A. Engelmayer on 8/13/2020) (jwh) |
Filing 20
ORDER FOR ADMISSION PRO HAC VICE granting #18 Motion for Brian M. Hogan to Appear Pro Hac Vice. The motion of Brian M. Hogan, Dkt. 18, for admission to practice Pro Hac Vice in the above captioned action is GRANTED. IT IS HEREBY ORDERED that Applicant 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 Paul A. Engelmayer on 8/11/20) (yv)
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| Filing 19 JOINT LETTER addressed to Judge Paul A. Engelmayer from Christopher M. Burke dated 8/11/2020 re: Proposed case schedule. Document filed by Budo Trading LLC..(Burke, Christopher) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for Brian M. Hogan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21084118. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 18 MOTION for Brian M. Hogan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21084118. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Budo Trading LLC. (Attachments: #1 Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Hogan, Brian) |
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Filing 17
ORDER FOR ADMISSION PRO HAC VICE granting #13 MOTION for Douglas A. Millen to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 8/6/2020) (jca)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Douglas A. Millen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20969702. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
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Filing 16
ORDER: The Court understands that all related cases involving common allegations of spoofing or market manipulation by the JPMorgan Chase & Co. defendants are now before this Court. The Court's judgment is that a brief telephone conference is warranted, before the Court sets a schedule for next steps in the case. The Court schedules such a conference for Thursday, August 13, 2020, at 10 a.m. The parties are to call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound (#) key. Counsel are directed to review the Court's Emergency Individual Rules and Practices in Light of COVID-19, found at https://nysd.uscourts.gov/hon-paul-engelmayer, for the Court's procedures for telephonic conferences and for instructions for communicating with Chambers. (As further set forth herein this Order.) ( Telephone Conference set for 8/13/2020 at 10:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 8/5/2020) (va)
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Filing 15
ORDER: The Court understands that all related cases involving common allegations of spoofing or market manipulation by the JPMorgan Chase & Co. defendants are now before this Court. The Court's judgment is that a brief telephone conference is warranted, before the Court sets a schedule for next steps in the case. The Court schedules such a conference for Thursday, August 13, 2020, at 10 a.m. The parties are to call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound (#) key. Counsel are directed to review the Court's Emergency Individual Rules and Practices in Light of COVID-19. In advance of the conference, the Court directs that counsel for plaintiffs and defendants confer as to an orderly schedule in the case and file a joint letter on the docket of each related case setting forth the parties' proposals as to the schedule. Counsels' joint letter is due by 5 p.m. on Tuesday, August 11, 2020, and as further set forth in this order. (Telephone Conference set for 8/13/2020 at 10:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 8/5/2020) (jwh)
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| CASE ACCEPTED AS RELATED. Create association to 1:20-cv-03515-PAE. Notice of Assignment to follow. (wb) |
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Filing 14
STIPULATION AND ORDER ADJOURNING DEFENDANTS' TIME TO RESPOND TO PLAINTIFF'S COMPLAINT: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED as follows: JPMorgan shall have 45 days to answer, move to dismiss, or otherwise respond tothe operative complaint in this action from the filing of a consolidated amended complaint that supersedes the existing complaint, unless a date is set for JPMorgan to respond to the complaints in any of the Treasuries Futures Spoofing Actions, or to respond to the complaint in any other action arising from the same transactions and events as this action, in which case JPMorgan'sdeadline to answer or otherwise respond to the complaint in this action shall be the earliest due date(s) in such other action(s). Except as to the defense of insufficiency of service of process in this action, no defense of JPMorgan, including, without limitation, defenses based upon lack of personal jurisdiction, is prejudiced or waived by JPMorgan's executing, agreeing to, or filing this Stipulation. All parties agree that they will preserve documents and other materials in accordance with their obligations under the Federal Rules of Civil Procedure and other applicable law. By preserving a document, a party does not concede that the document is discoverable or relevant. SO ORDERED., Motions terminated: #10 JOINT LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Amanda F. Davidoff, Christopher M. Burke & Douglas A. Millen dated July 31, 2020. filed by J.P. Morgan Clearing Corp., J.P. Morgan Securities LLC, J.P. Morgan Futures, Inc., J.P. Morgan Chase & Co. (Signed by Judge Paul A. Engelmayer on 8/03/2020) (ama)
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| Filing 13 MOTION for Douglas A. Millen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20969702. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Budo Trading LLC. (Attachments: #1 Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Certificate of Good Standing, #3 Certificate of Good Standing, #4 Text of Proposed Order).(Millen, Douglas) |
| Filing 12 NOTICE OF APPEARANCE by Akash Mayank Toprani on behalf of J.P. Morgan Chase & Co., J.P. Morgan Clearing Corp., J.P. Morgan Futures, Inc., J.P. Morgan Securities LLC..(Toprani, Akash) |
| Filing 11 NOTICE OF APPEARANCE by Robert Andrew Sacks on behalf of J.P. Morgan Chase & Co., J.P. Morgan Clearing Corp., J.P. Morgan Futures, Inc., J.P. Morgan Securities LLC..(Sacks, Robert) |
| Filing 10 JOINT LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Amanda F. Davidoff, Christopher M. Burke & Douglas A. Millen dated July 31, 2020. Document filed by J.P. Morgan Chase & Co., J.P. Morgan Clearing Corp., J.P. Morgan Futures, Inc., J.P. Morgan Securities LLC. (Attachments: #1 Stipulation and Proposed Order).(Davidoff, Amanda) |
| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent JPMorgan Chase & Co. for J.P. Morgan Securities LLC. Document filed by J.P. Morgan Chase & Co., J.P. Morgan Clearing Corp., J.P. Morgan Futures, Inc., J.P. Morgan Securities LLC..(Davidoff, Amanda) |
| Filing 8 NOTICE OF APPEARANCE by Amanda Flug Davidoff on behalf of J.P. Morgan Chase & Co., J.P. Morgan Clearing Corp., J.P. Morgan Futures, Inc., J.P. Morgan Securities LLC..(Davidoff, Amanda) |
| Filing 7 NOTICE OF APPEARANCE by Thomas Kay Boardman on behalf of Budo Trading LLC..(Boardman, Thomas) |
| NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Unassigned is no longer assigned to the case..(wb) |
| CASE ACCEPTED AS RELATED. Create association to 1:20-cv-05298-PAE. Notice of Assignment to follow. (wb) |
| 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. (wb) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to J.P. Morgan Chase & Co., J.P. Morgan Clearing Corp., J.P. Morgan Futures, Inc., J.P. Morgan Securities LLC..(pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Christopher M. Burke re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF;. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pc) |
| Case Designated ECF. (pc) |
| ADD PARTY FOR PLEADING. Defendants/Respondents J.P. Morgan Chase & Co., J.P. Morgan Clearing Corp., J.P. Morgan Futures, Inc., J.P. Morgan Securities LLC, John Does added. Party added pursuant to #1 Complaint.Document filed by Budo Trading LLC. Related document: #1 Complaint..(Burke, Christopher) |
| CASE REFERRED TO Judge Paul A. Engelmayer as possibly related to 20cv5298. (pc) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to J.P. Morgan Chase & Co., J.P. Morgan Clearing Corp., J.P. Morgan Securities LLC, J.P. Morgan Futures, Inc., re: #1 Complaint. Document filed by Budo Trading LLC..(Burke, Christopher) |
| Filing 4 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:20-cv-5298-PAE. Document filed by Budo Trading LLC..(Burke, Christopher) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Budo Trading LLC..(Burke, Christopher) |
| Filing 2 CIVIL COVER SHEET filed..(Burke, Christopher) |
| Filing 1 COMPLAINT against J.P. Morgan Chase & Co., J.P. Morgan Clearing Corp., J.P. Morgan Futures, Inc., J.P. Morgan Securities LLC. (Filing Fee $ 400.00, Receipt Number BNYSDC-20839021)Document filed by Budo Trading LLC..(Burke, Christopher) |
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