Hill et al v. JPMorgan Chase & Co.
| Stephen Hill and Leyla Hill |
| JPMorgan Chase & Co. |
| Customers listed on Exhibit A and on behalf of the class of all "net winners" |
| John Collins |
| 1:2011cv07961 |
| November 7, 2011 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Other Fraud |
| Plaintiff |
Docket Report
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Filing 36
ORDER GRANTING CLASS PLAINTIFFS' MOTION FOR DISTRIBUTION OF THE CLASS SETTLEMENT FUND: IT IS HEREBY ORDERED THAT: This Court has jurisdiction over the subject matter of the Actions and over all parties to the Actions, including the Settlement Class Members. Settling Class Plaintiffs' Motion for Final Distribution and Termination of Administration of the Class Settlement Fund is GRANTED. Accordingly, 1. Out of the 60 outstanding and/or uncashed checks issued to Settlement Class members by AlixPartners: a. The nine (9) reissued checks totaling $11,315.91, but which have gone uncashed within 120 days of the reissue date (Exhibit A to the Sehgal Declaration) may be voided and the funds go to the secular Section 501(c)(3) organization identified below; b. The one (1) check for $7,512.43 was reissued on September 11, 2015. (Exhibit B Sehgal Declaration), if not cashed within 120 days after reissue, may be voided and the funds go to the secular Section 501(c)(3) organization identified below; and the following as further set forth herein. This Court retains jurisdiction to consider any further applications concerning the administration of the Settlement, and such other and further relief as the Court deems appropriate. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 11/16/2015) (kgo)
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| Filing 35 LETTER addressed to Judge Colleen McMahon from Andrew J. Entwistle dated January 13, 2015 re: Update on Distribution Process. Document filed by Leyla Hill, Stephen Hill.(Entwistle, Andrew) |
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Filing 34
ORDER GRANTING CLASS PLAINTIFFS' MOTION FOR DISTRIBUTION OF THE CLASS SETTLEMENT FUND. IT IS HEREBY ORDERED THAT Settling Class Plaintiffs' Motion for Distribution of the Class Settlement Fund to Participating Accounts is GRANTED as further specified herein. A second distribution will only occur if there is at least $1,000,000.00 available to distribute, and the 2nd distribution checks will be sent to parties who both cashed their initial distribution check and will have a 2nd distribution check of $25.00 or greater, and as further set forth. AlixPartners shall be paid the outstanding balance of its fees and expenses in connection with the services performed and to be performed in administering the Settlement and distributing the Class Settlement Fund in the total amount of $753,971.48 and $250,000 may be set aside to cover future estimated expense of AlixPartners and Co-Class Counsel. This Court retains jurisdiction to consider any further applications concerning the administration of the Settlement, and such other and further relief as the Court deems appropriate, and as further set forth. (Signed by Judge Colleen McMahon on 11/24/2014). Relates to 11cv8331 doc. no. 81. (rjm)
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Filing 33
ORDER: I have today received a most disturbing letter (Docket #32) from an attorney who represents a member of the plaintiff class. He advises me that none of the members of the class has received any money from the settlement, although JPMC put the $218 million in escrow many months ago. I am greatly distressed to learn this. I hereby direct Lead Counsel for the plaintiff class to file a written report, by 5 PM on Friday, October 31, 2014, explaining the status of this matter and advising the court why no payments have yet been made. If, as represented by the attorney who wrote me the letter, there are "administrative issues," I want to know exactly what they are. If the hold-up has something to do with the Bankruptcy Court, I want to know what the issue is. And above all, I want to know when the class members will be receiving payment. (Signed by Judge Colleen McMahon on 10/29/2014) (ajs)
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| Filing 32 LETTER addressed to Judge Colleen McMahon from Richard H. Gordon dated 10/29/2014 re: I write to apprise the Court of this situation and to seek the Court's assistance in getting the settlement funds distributed to the Madoff victims. Document filed by Dichter-Mad Family Partners, LLP.(kgo) |
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Filing 31
FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE: NOW, THEREFORE, IT IS HEREBY ORDERED THAT: Unless otherwise defined in this Judgment, the capitalized terms herein shall have the same meaning as they have in the Settlement Agreement. This Court has jurisdiction over the subject matter of the Consolidated Class Action and over all parties to the action, including all Settlement Class members. The Court finds that all elements for maintenance of the Consolidated Class Action as a class action are met for the purpose of the Settlement and are specifically set forth herein. Accordingly, and for settlement purposes only, the Court hereby certifies a Settlement Class defined as stated herein this Judgment and Order. There is no just reason for delay in the entry of this Judgment and immediate entry by the Clerk of the Court is expressly directed pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. SO ORDERED. (Signed by Judge Colleen McMahon on 4/17/2014) (ja)
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Filing 30
AMENDED MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFFS' MOTIONS FOR FINAL CLASS ACTION SETTLEMENT APPROVAL AND ATTORNEYS' FEES: For the foregoing reasons, the Court hereby: (1) certifies the proposed Class for purposes of this Settlement; (2) finds that the Class notice was fair. adequate and reasonable and in compliance with due process, Rule 23 and the Court's prior orders; (3) appoints Entwistle and Cappucci and Hagens Berman Sobol Shapiro as Settlement Class Counsel; (4) grants final approval of the Settlement Agreement and Plan of Allocation: (5) authorizes Settlement Class Counsel to make disbursements to Class members; and (6) awards attorneys' fees and expenses in the amount of $18,000,000. The Clerk of the Court is directed to remove Docket Nos. 58 and 61 in Case No. 11-cv-8331 and Docket Nos. 22 and 25 in Case No. 11-cv-7961 from the Court's list of pending motions and to close the files. (Signed by Judge Colleen McMahon on 3/24/2014) (ajs)
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Filing 29
MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFFS' MOTIONS FOR FINAL CLASS ACTION SETTLEMENT APPROVAL AND ATTORNEYS' FEES re: #22 MOTION for Settlement Notice of Motion for Final Approval of Proposed Settlement, filed by Leyla Hill, Stephen Hill, #25 MOTION for Attorney Fees Notice of Motion for Award of Attorneys' Fees and Reimbursement of Litigation Expenses, filed by Leyla Hill, Stephen Hill. For the foregoing reasons, the Court hereby: (1) certifies the proposed Class for purposes of this Settlement; (2) finds that the Class notice was fair, adequate and reasonable and in compliance with due process, Rule 23 and the Court's prior orders; (3) appoints Entwistle and Cappucci and Hagens Berman Sobol Shapiro as Settlement Class Counsel; (4) grants final approval of the Settlement Agreement and Plan of Allocation; (5) authorizes Settlement Class Counsel to make disbursements to Class members; and (6) awards attorneys' fees and expenses in the amount of $18,000,000. The Clerk of the Court is directed to remove Docket Nos. 58 and 61 in Case No. 11-cv-8331 and Docket Nos. 22 and 25 in Case No. 11-cv-7961 from the Court's list of pending motions and to close the files. (Signed by Judge Colleen McMahon on 3/21/2014) Copies Sent By Chambers. (ja)
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| Minute Entry for proceedings held before Judge Colleen McMahon: Settlement Hearing held on 3/21/2014. Decision: Conference held. (Submitted by Zachary Vaughan). (Court Reporter Sabrina Demidio). (mde) |
| Filing 28 DECLARATION of Vineet Sehgal DECLARATION OF VINEET SEHGAL OF ALIX PARTNERS, LLP. Document filed by John Collins. (Collins, John) |
| Filing 27 DECLARATION of Andrew J. Entwistle and Reed Kathrein in Support re: #25 MOTION for Attorney Fees Notice of Motion for Award of Attorneys' Fees and Reimbursement of Litigation Expenses.. Document filed by Leyla Hill, Stephen Hill. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Entwistle, Andrew) |
| Filing 26 MEMORANDUM OF LAW in Support re: #25 MOTION for Attorney Fees Notice of Motion for Award of Attorneys' Fees and Reimbursement of Litigation Expenses.. Document filed by Leyla Hill, Stephen Hill. (Entwistle, Andrew) |
| Filing 25 MOTION for Attorney Fees Notice of Motion for Award of Attorneys' Fees and Reimbursement of Litigation Expenses. Document filed by Leyla Hill, Stephen Hill. (Attachments: #1 Exhibit A)(Entwistle, Andrew) |
| Filing 24 DECLARATION of Andrew J. Entwistle and Reed Kathrein in Support re: #22 MOTION for Settlement Notice of Motion for Final Approval of Proposed Settlement.. Document filed by Leyla Hill, Stephen Hill. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Entwistle, Andrew) |
| Filing 23 MEMORANDUM OF LAW in Support re: #22 MOTION for Settlement Notice of Motion for Final Approval of Proposed Settlement.. Document filed by Leyla Hill, Stephen Hill. (Entwistle, Andrew) |
| Filing 22 MOTION for Settlement Notice of Motion for Final Approval of Proposed Settlement. Document filed by Leyla Hill, Stephen Hill. (Attachments: #1 Exhibit A)(Entwistle, Andrew) |
| Filing 21 DECLARATION of John Franks. Document filed by John Collins. (Collins, John) |
| Filing 20 CERTIFICATE OF SERVICE. Document filed by Customers listed on Exhibit A and on behalf of the class of all "net winners". (Chaitman, Helen) |
| Filing 19 NOTICE of Notice of Intention to Opt Out of the Proposed Settlement Agreement Among the Trustee, The Class Action Plaintiffs and JPMorgan Chase re: #17 Order on Motion to Approve,,,,,,,. Document filed by Customers listed on Exhibit A and on behalf of the class of all "net winners". (Attachments: #1 Exhibit A)(Chaitman, Helen) |
| Filing 18 CALENDAR NOTICE: Settlement Conference set for 3/21/2014 at 10:00 AM in Courtroom 14C, U.S. District Court, 500 Pearl Street, New York, NY 10007 before United States District Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 1/16/2014) (ft) |
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Filing 17
ORDER PRELIMINARILY APPROVING PROPOSED SETTLEMENT AND PROVIDING FOR NOTICE granting #14 Motion to Approve. IT IS HEREBY ORDERED: Pursuant to Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure, and for purposes of the Settlement only, the Court certifies the Consolidated Class Action as a class action on behalf of the following Settlement Class; as set forth herein. The Court finds, for purposes of the Settlement only, that the prerequisites for certifying the Consolidated Class Action as a class action under Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure have been satisfied in that: (a) the number of Settlement Class members is so numerous that joinder of all members thereof is impracticable; (b) there are questions of law and fact common to the Settlement Class which predominate over any individual questions; (c) the claims of the Customer Representatives are typical of the claims of the Settlement Class; (d) Customer Representatives and Co-Lead Counsel (as defined herein) have and will fairly and adequately represent the interests of the Settlement Class; and (e) a class action is superior to other available methods for the fair and efficient adjudication of the Consolidated Class Action. The Court hereby preliminarily approves the Settlement, as memorialized in the Settlement Agreement, as fair, reasonable and adequate, and in the best interest of the Customer Representatives and the other Settlement Class members, subject to further consideration at the Settlement Hearing to be conducted as described below. The Court will hold a settlement hearing (the "Settlement Hearing") on March 7, 2014 at 2:00 p.m. at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, Courtroom 14C, New York, NY 10007-1312, as further set forth herein. (Signed by Judge Colleen McMahon on 1/10/2014) (mro)
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| Set/Reset Hearings: Settlement Conference set for 3/7/2014 at 02:00 PM at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, Courtroom 14C, New York, NY 10007-1312 before Judge Colleen McMahon. (mro) Modified on 1/13/2014 (mro). |
| Filing 16 DECLARATION of Andrew J. Entwistle in Support re: #14 MOTION to Approve Notice of Motion for Preliminary Approval of Proposed Settlement.. Document filed by Leyla Hill, Stephen Hill. (Attachments: #1 Exhibit 1, #2 Exhibit 1-A, #3 Exhibit 1-B, #4 Exhibit 1-C, #5 Exhibit 1-D, #6 Exhibit 1-E, #7 Exhibit 2, #8 Exhibit 3, #9 Exhibit 4, #10 Exhibit 5, #11 Exhibit 6)(Entwistle, Andrew) |
| Filing 15 MEMORANDUM OF LAW in Support re: #14 MOTION to Approve Notice of Motion for Preliminary Approval of Proposed Settlement.. Document filed by Leyla Hill, Stephen Hill. (Entwistle, Andrew) |
| Filing 14 MOTION to Approve Notice of Motion for Preliminary Approval of Proposed Settlement. Document filed by Leyla Hill, Stephen Hill. (Attachments: #1 Proposed Order)(Entwistle, Andrew) |
| Filing 13 LETTER addressed to Judge Colleen McMahon from Andrew J. Entwistle dated January 7, 2014 re: Settlement of Class Actions. Document filed by Stephen Hill.(Entwistle, Andrew) |
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Filing 12
ORDER PLACING CASE ON SUSPENSE CALENDAR: It is hereby ordered that the above entitled action is placed on suspense pending a decision from the Supreme Court in Roland v. Green, 675 F.3d 503 (5th Cir. 2012), cert. granted sub nom. Chadbourne & Parke LLP v. Troice, 133 S. Ct. 977 (U.S. Jan. 18, 2013) (No. 12-79). (Signed by Judge Colleen McMahon on 9/25/2013) (mro)
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| Filing 11 ENDORSED LETTER addressed to Judge Colleen McMahon from Vincent Cappucci, John F. Savarese dated 8/13/2013 re: The parties write to respectfully request clarification of Your Honor's August 6 notation to "respond to the motion," and wish to ask whether Your Honor would like the parties to submit supplemental briefing on JPMorgan's Motion to Dismiss. ENDORSEMENT: No-sorry. (Signed by Judge Colleen McMahon on 8/13/2013) (cd) |
| Filing 10 ENDORSED LETTER addressed to Judge Colleen McMahon from Steve W. Berman and Andrew J. Entwistle dated 8/5/2013 re: We write on behalf of Plaintiffs and the proposed class in the above-captioned consolidated class actions in response to the July 22, 2013 letter to the Court from Defendant JPMorgan Chase & Co. et al. ENDORSEMENT: I have dissolved the stay. Respond to the motion. Don't keep rearguing this. (Signed by Judge Colleen McMahon on 8/6/2013) (cd) |
| Filing 9 NOTICE OF CHANGE OF ADDRESS by Jason Allen Zweig on behalf of Leyla Hill, Stephen Hill. New Address: Hagens Berman Sobol Shapiro LLP, 555 Fifth Avenue, Suite 1700, New York, New York, 10017-2416, (212) 752-5455. (Zweig, Jason) |
| Filing 8 ENDORSED LETTER addressed to Judge Colleen McMahon from John F. Savarese dated 1/31/2013 re: counsel for Defendant JPMorgan writes, because it is impossible to know in advance the full scope of issues that the Supreme Court may choose to address when rendering its decision, JPMorgan has no objection to a stay of this case so that the Court would have the benefit of the Supreme Court's opinion in ruling on the pending motion to dismiss. ENDORSEMENT: I think it prudent to await a Supreme Court ruling before deciding-Case on suspense pending ruling. (Signed by Judge Colleen McMahon on 1/31/2013) Filed In Associated Cases: 1:11-cv-08331-CM, 1:11-cv-07961-CM(pl) |
| MEMORANDUM TO THE DOCKET CLERK: Decision: In light of the Courts staying of these consolidated actions until the Supreme Court issues a decision in the Troice cases, Defendants motion to dismiss is terminated. The Clerk of the Court is directed to remove the motion at Docket 11 Civ. 8331 No. 21 from the Courts list of pending motions. (Submitted By Benjamin A. Gianforti). Filed In Associated Cases: 1:11-cv-08331-CM, 1:11-cv-07961-CM(mde) |
| Filing 7 ENDORSED LETTER addressed to All Counsel in Paul Shapiro v. JPMorgan Chase & Co., et al. and Stephen and Leyla Hill v. JP Morgan Chase & Co., et al from Judge Colleen McMahon dated 1/23/2013 re: It has come to my attention that, on January 18, 2013, the Supreme Court granted certiorari in three related cases that address the applicability of the Securities Litigation Uniform Standards Act to private class actions based exclusively on state law (listed herein). I would like to know, by February 1, 2013, whether the holding in these cases is likely to be relevant to or determinative of the issue concerning SLUSA preemption in the consolidated cases before me. If so, I will stay the consolidated cases until the Supreme Court has issued its decision. (Signed by Judge Colleen McMahon on 1/23/2013) (mro) |
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Filing 6
ORDER GRANTING TRUSTEE'S MOTION FOR LIMITED INTERVENTION AND DENYING MOTION FOR STAY OF PROCEEDINGS in case 1:11-cv-07961-CM; granting (30) Motion to Intervene in case 1:11-cv-08331-CM; granting Motion to Intervene in case 1:11-cv-07961-CM. I grant the Trustee's motion for leave to intervene. However, I deny the application for a stay of this action. Which is not to say that I plan to decide the pending motions to dismiss these two lawsuits next week. I will get to them when I get to them. However, I do not intend to havethem show up on a delinquent motions list come April 1, 2013. The Clerk of the Court is directed to remove the motion at Docket #30 from the Court's list of pending motions. (Signed by Judge Colleen McMahon on 10/16/2012) Filed In Associated Cases: 1:11-cv-08331-CM, 1:11-cv-07961-CM(djc)
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| Filing 5 MEMORANDUM OF LAW in Opposition re: (21 in 1:11-cv-08331-CM) MOTION to Dismiss Notice of Motion to Dismiss Class Action Complaint.. Document filed by Leyla Hill, Stephen Hill, Paul Shapiro. Filed In Associated Cases: 1:11-cv-08331-CM, 1:11-cv-07961-CM(Zweig, Jason) |
| Filing 4 CONSOLIDATED AMENDED CLASS ACTION COMPLAINT against J.P. Morgan Securities LLC, J.P. Morgan Securities, Ltd., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A. with JURY DEMAND.Document filed by Paul Shapiro, Leyla Hill, Stephen Hill. ***Original document filed in case number 11-cv-8331, document number 18.(mro) |
| Filing 3 STIPULATION CONSOLIDATING CASES AND FIXING DEADLINES: Pursuant to Federal Rule of Civil Procedure 42(a), the above-captioned actions are consolidated for all purposes. The consolidated actions are hereafter referred to as the "Consolidated Action." A Master Docket is hereby established for the Consolidated Action. The Master Docket shall be Civil Action No. 11-CV-8331. An amended and consolidated complaint shall be filed by plaintiffs in the Consolidated Action by December 21, 2011. Defendants have no obligation to respond to the existing complaints in the above-captioned actions. Responses to the amended and consolidated complaint shall be filed by February 3, 2012. To the extent any defendant moves to dismiss the amended and consolidated complaint, any opposition to such motion shall be filed by March 23, 2012. Reply briefs in further support of any motion to dismiss shall be filed by April 18, 2012. A hearing on any motion to dismiss shall be scheduled by the Court should the Court choose to hold such a hearing. ( Amended Pleadings due by 12/21/2011., Responses due by 3/23/2012., Replies due by 4/18/2012.) (Signed by Judge Colleen McMahon on 12/5/2011) Filed In Associated Cases: 1:11-cv-08331-CM, 1:11-cv-07961-CM(lmb) |
| CONSOLIDATED MEMBER CASE: Create association to 1:11-cv-08331-CM. (lmb) |
| Filing 2 NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Deborah A. Batts is no longer assigned to the case. (pgu) |
| Filing 1 COMPLAINT against JPMorgan Chase & Co.. (Filing Fee $ 350.00, Receipt Number 465401021184)Document filed by Stephen Hill, Leyla Hill.(rdz) (ama). |
| SUMMONS ISSUED as to JPMorgan Chase & Co.. (rdz) |
| Case Designated ECF. (rdz) |
| Magistrate Judge Frank Maas is so designated. (rdz) |
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