Rosenberg v. Cliffs Natural Resources Inc. et al
| Stuart Rosenberg |
| Citigroup Global Markets Inc., Andres R Gluski, Richard A. Ross, Barry J Eldridge, BMO Capital Markets Corp, Scotia Capital (USA) inc, TD Securities (USA) LLC, Richard K Riederer, Francis R McAllister, Susan M Cunningham, Cliffs Natural Resources Inc., Susan M Green, Terrance M Paradie, Wells Fargo Securities LLC, Credit Agricole Securities (USA) Inc., Janice K Henry, Timothy Flanagan, Merrill Lynch Pierce Fenner & Smith Incorporated, Joseph A. Carrabba, Mizuho Securities USA Inc., JP Morgan Securities LLC, Timothy W Sullivan and James F Kirsch |
| Department of the Treasury of the State of New Jersey and its Division of Investment |
| 1:2014cv01531 |
| July 11, 2014 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| John R Adams |
| Securities/Commodities |
| 15 U.S.C. § 77 |
| Plaintiff |
Docket Report
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| Filing 44 Acknowledgement of receipt of Order of Remand received from the Cuyahoga County Court of Common Pleas. Related document(s) #42 . (S,HR) |
| Filing 43 Certified copy of Order of Remand #42 and docket sheet mailed to Cuyahoga County Court of Common Pleas with acknowledgment of receipt enclosed. (M,TL) |
Filing 42
Order granting Plaintiff's motion to remand to state court (Doc. #18 ). This matter is remanded to the Cuyahoga County Court of Common Pleas. Judge John R. Adams on 3/25/15. (K,C)
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| Filing 41 Marginal Entry Order granting Defendants' Motion for leave to withdraw and substitute counsel (Related Doc #39 ). Attorneys Gregory A. Markel, Martin L. Seidel, and Gillian Groarke Burns of Cadwalader, Wickersham and attorneys Christopher S. Williams, Kimberly Moses, and Eric S. Zell of Calfee, Halter & Griswold LLP, are withdrawn. Attorneys John M. Newman, Jr., Geoffrey J. Ritts, and Adrienne Ferraro Mueller of Jones Day are substituted. Judge John R. Adams on 3/24/15.(K,C) |
| Filing 40 Notice of Supplemental Authority in Support of Plaintiff's Motion to Remand filed by Stuart Rosenberg. (Attachments: #1 Exhibit 1 - Decision: Plymouth Cty Ret Sys v Model N) Related document #18 . (Johnson, Geoffrey) Modified text to remove duplicate wording on 3/19/2015 (M,TL). |
| Filing 39 Motion for leave to Withdraw and Substitution of Counsel filed by Joseph A. Carrabba, Cliffs Natural Resources Inc., Timothy Flanagan, Terrance M Paradie. (Newman, John) Modified text to remove duplicate wording on 3/19/2015 (M,TL). |
| Filing 38 Notice of Withdrawal of Appearance of Ryan J. Andreoli as Attorney for Defendants filed by Joseph A. Carrabba, Cliffs Natural Resources Inc., Timothy Flanagan, Terrance M Paradie. (Document contains incorrect s/signature.) (Andreoli, Ryan) Modified text and attorney notified on 1/6/2015 (M,TL). |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge George J. Limbert. (C,B) |
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Filing 37
Order of Recusal. This case is returned to the Clerk for reassignment. Judge Lesley Wells (C,KA)
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| Judge John R. Adams assigned to case. Judge Lesley Wells terminated. (C,B) |
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Filing 36
Order of Recusal. This case is returned to the Clerk for reassignment to another judge. Judge Christopher A. Boyko on 10/16/2014. (H,CM)
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| Judge Donald C. Nugent assigned to case. Judge Christopher A. Boyko terminated. Recused pursuant to Automatic Recusal List. (C,BA) |
| Judge Lesley Wells assigned to case. Judge James S. Gwin terminated. (C,BA) |
| Judge James S. Gwin assigned to case. Judge Donald C. Nugent terminated. Recused pursuant to Automatic Recusal List. (C,BA) |
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Filing 35
Order of Recusal. This case is returned to the Clerk for reassignment to another judge. Signed by Judge Solomon Oliver, Jr on 10/14/2014. (D,M)
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| Judge Christopher A. Boyko assigned to case. Judge Solomon Oliver, Jr terminated. (C,BA) |
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Order [non-document] granting Motion for leave to withdraw (Related Doc #30 ). Attorneys Adrienne Ferraro Mueller, Geoffrey J. Ritts, and John M. Newman, Jr., are removed as counsel for Defendants Cliff Natural Resources, Inc., Joseph A. Carrabba, Terrance M. Paradie, and Timothy Flanagan. Approved by Judge Solomon Oliver, Jr on 9/12/2014. (D,M)
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Order [non-document] granting Motion for appearance pro hac vice by Attorney Gillian G. Burns for Defendants: Joseph A. Carrabba, Cliffs Natural Resources Inc.; Timothy Flanagan and Terrance M. Paradie. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #34 ). Approved by Judge Solomon Oliver, Jr on 9/11/2014. (D,M)
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Order [non-document] granting Motion for appearance pro hac vice by Attorney Ryan J. Andreoli for Defendants: Joseph A. Carrabba; Cliffs Natural Resources Inc.; Timothy Flanagan and Terrance M Paradie. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #33 ). Approved by Judge Solomon Oliver, Jr on 9/11/2014.(D,M)
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Order [non-document] granting Motion for appearance pro hac vice by Attorney Gregory A. Markel for Defendants: Joseph A. Carrabba; Cliffs Natural Resources Inc.; Timothy Flanagan; and Terrance M. Paradie. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #31 ). Approved by Judge Solomon Oliver, Jr on 9/11/2014. (D,M)
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Order [non-document] granting Motion for appearance pro hac vice by Attorney Martin L. Seidel for Defendants: Joseph A. Carrabba; Cliffs Natural Resources Inc.; Timothy Flanagan and Terrance M Paradie. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #32 ). Approved by Judge Solomon Oliver, Jr on 9/11/2014. (D,M)
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| Filing 34 Motion for attorney Gillian Groarke Burns to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-6727038, filed by Joseph A. Carrabba, Cliffs Natural Resources Inc., Timothy Flanagan, Terrance M Paradie. (Attachments: #1 Exhibit A (Declaration of Gillian Groarke Burns))(Zell, Eric) |
| Filing 33 Motion for attorney Ryan J. Andreoli to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-6727030, filed by Joseph A. Carrabba, Cliffs Natural Resources Inc., Timothy Flanagan, Terrance M Paradie. (Attachments: #1 Exhibit A (Declaration of Ryan J. Andreoli))(Zell, Eric) |
| Filing 32 Motion for attorney Martin L. Seidel to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-6727023, filed by Joseph A. Carrabba, Cliffs Natural Resources Inc., Timothy Flanagan, Terrance M Paradie. (Attachments: #1 Exhibit A (Declaration of Martin L. Seidel))(Zell, Eric) |
| Filing 31 Motion for attorney Gregory A. Markel to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-6727015, filed by Joseph A. Carrabba, Cliffs Natural Resources Inc., Timothy Flanagan, Terrance M Paradie. (Attachments: #1 Exhibit A (Declaration of Gregory A. Markel))(Zell, Eric) |
| Filing 30 Motion for leave to withdraw and substitution of counsel. Attorneys Adrienne Ferraro Mueller, Geoffrey J. Ritts, and John M. Newman, Jr. withdrawing and Gregory A. Markel, Martin L. Seidel, Ryan J. Andreoli, and Gillian G. Burns subsituting on behalf of Joseph A. Carrabba, Cliffs Natural Resources Inc., Timothy Flanagan, and Terrance M. Paradie. (Williams, Christopher) Modified text on 10/24/2014 (S,HR). |
| Filing 29 Reply in support of #25 Motion for oral argument Regarding Pending Motion to Remand and Memorandum of Law in Support filed by All Defendants. (Newman, John) |
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Order [non-document] granting Motion for appearance pro hac vice by attorney David Elbaum for BMO Capital Markets Corp, Citigroup Global Markets Inc., Credit Agricole Securities (USA) Inc., JP Morgan Securities LLC, Merrill Lynch Pierce Fenner & Smith Incorporated, Mizuho Securities USA Inc., Scotia Capital (USA) Inc, TD Securities (USA) LLC, and Wells Fargo Securities LLC. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #7 ). Approved by Judge Solomon Oliver, Jr on 9/3/2014.(D,M)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Peter E. Kazanoff for Defendants BMO Capital Markets Corp, Citigroup Global Markets Inc., Credit Agricole Securities (USA) Inc., JP Morgan Securities LLC, Merrill Lynch Pierce Fenner & Smith Incorporated, Mizuho Securities USA Inc., Scotia Capital (USA) Inc., TD Securities (USA) LLC, and Wells Fargo Securities LLC. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #6 ). Approved by Judge Solomon Oliver, Jr on 9/3/2014. (D,M)
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Order [non-document] granting Motion for appearance pro hac vice by Attorney David R. Scott on behalf of Plaintiff Stuart Rosenberg. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #17 ). Approved by Judge Solomon Oliver, Jr on 9/3/2014.(D,M)
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Order [non-document] granting Motion for appearance pro hac vice by Attorney Stephen J. Teti for Plaintiff Stuart Rosenberg. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #28 ). Approved by Judge Solomon Oliver, Jr on 9/3/2014.(D,M)
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Order [non-document] granting Motion for appearance pro hac vice by Attorney Thomas L. Laughlin for Plaintiff Stuart Rosenberg. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #27 ). Approved by Judge Solomon Oliver, Jr on 9/3/2014.(D,M)
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| Filing 28 Motion for attorney Stephen J. Teti to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-6713076, filed by Plaintiff Stuart Rosenberg. (Attachments: #1 Affidavit of Stephen J. Teti, #2 Exhibit A)(Johnson, Geoffrey) Modified exhibit text on 9/2/2014 (G,CA). |
| Filing 27 Motion for attorney Thomas L. Laughlin to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-6713048, filed by Plaintiff Stuart Rosenberg. (Attachments: #1 Affidavit of Thomas L. Laughlin, #2 Exhibit A)(Johnson, Geoffrey) Modified exhibit text on 9/2/2014 (G,CA). |
| Notice to Attorney Thomas L. Laughlin. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) #26 . (P,G) |
| Notice to Attorney Stephen J. Teti. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) #26 . (P,G) |
| Filing 26 Opposition to #25 Motion for oral argument filed by Stuart Rosenberg. (Attachments: #1 Exhibit A - Rajasekaran v. CytRx Corporation Order)(Johnson, Geoffrey) Modified text on 10/24/2014 (S,HR). |
| Filing 25 Motion for oral argument Regarding Pending Motion to Remand and Memorandum of Law in Support filed by BMO Capital Markets Corp, Joseph A. Carrabba, Citigroup Global Markets Inc., Cliffs Natural Resources Inc., Credit Agricole Securities (USA) Inc., Susan M Cunningham, Barry J Eldridge, Timothy Flanagan, Andres R Gluski, Susan M Green, Janice K Henry, JP Morgan Securities LLC, James F Kirsch, Francis R McAllister, Merrill Lynch Pierce Fenner & Smith Incorporated, Mizuho Securities USA Inc., Terrance M Paradie, Richard K Riederer, Richard A. Ross, Scotia Capital (USA) inc, Timothy W Sullivan, TD Securities (USA) LLC, Wells Fargo Securities LLC. Related document(s) #23 , #18 , #24 . (Newman, John) Modified text on 10/24/2014 (S,HR). |
| Filing 24 Reply in support of #18 Motion to remand to State Court filed by Stuart Rosenberg. (Johnson, Geoffrey) |
| Filing 23 Opposition to #18 Motion to remand to State Court filed by All Defendants. (Newman, John) |
| Filing 22 Corporate Disclosure Statement identifying Corporate Parent Mizuho Securities Co., Ltd. for Mizuho Securities USA Inc. filed by Mizuho Securities USA Inc.. (Ritzert, Thomas) |
| Filing 21 Corporate Disclosure Statement identifying Corporate Parent Scotia Capital Inc. for Scotia Capital (USA) inc filed by Scotia Capital (USA) inc. (Ritzert, Thomas) |
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Filing 20
Order of Recusal. This case is returned to the Clerk for reassignment. Judge Patricia A. Gaughan (C,KA)
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| Judge Solomon Oliver, Jr assigned to case. Judge Patricia A. Gaughan terminated. (C,B) |
| Filing 19 Notice of Withdrawal of Motion filed by Department of the Treasury of the State of New Jersey and its Division of Investment. (Simpkins, Scott) |
| Filing 18 Motion to remand to State Court filed by Plaintiff Stuart Rosenberg. (Attachments: #1 Brief in Support of Motion to Remand, #2 Affidavit in Support of Motion to Remand, #3 Exhibit 1 - Senate Report 105-182, #4 Exhibit 2 - House Report 105-640, #5 Exhibit 3 - House Conference Report 105-803)(Johnson, Geoffrey) |
| Filing 17 Motion for attorney David R. Scott to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-6647237, filed by Plaintiff Stuart Rosenberg. (Attachments: #1 Exhibit A - Affidavit of David Scott, #2 Schedule A - List of Bars)(Johnson, Geoffrey) |
| Filing 16 Proposed Stipulation and Proposed Order Regarding Schedule filed by All Defendants. (Mueller, Adrienne) |
| Filing 15 Corporate Disclosure Statement identifying Corporate Parent TD Holdings II Inc. for TD Securities (USA) LLC filed by TD Securities (USA) LLC. (Ritzert, Thomas) |
| Notice to Attorney David R. Scott. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) #1 . (P,G) |
| Filing 14 Corporate Disclosure Statement identifying Corporate Parent Everen Capital Corporation for Wells Fargo Securities LLC filed by Wells Fargo Securities LLC. (Ritzert, Thomas) |
| Filing 13 Corporate Disclosure Statement identifying Corporate Parent JPMorgan Broker-Dealer Holdings, Inc. for JP Morgan Securities LLC filed by JP Morgan Securities LLC. (Ritzert, Thomas) |
| Filing 12 Corporate Disclosure Statement identifying Corporate Parent Citigroup Financial Products Inc. for Citigroup Global Markets Inc. filed by Citigroup Global Markets Inc.. (Ritzert, Thomas) |
| Filing 11 Corporate Disclosure Statement identifying Corporate Parent NB Holdings Corporation for Merrill Lynch Pierce Fenner & Smith Incorporated filed by Merrill Lynch Pierce Fenner & Smith Incorporated. (Ritzert, Thomas) |
| Filing 10 Corporate Disclosure Statement identifying Corporate Parent Credit Agricole Corporate and Investment Bank for Credit Agricole Securities (USA) Inc. filed by Credit Agricole Securities (USA) Inc.. (Ritzert, Thomas) |
| Filing 9 Corporate Disclosure Statement identifying Corporate Parent BMO Financial Corp. for BMO Capital Markets Corp filed by BMO Capital Markets Corp. (Ritzert, Thomas) |
| Judge Patricia A. Gaughan assigned to case. Judge Dan Aaron Polster terminated. (C,BA) |
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Filing 8
Order of Recusal. This case is returned to the Clerk for reassignment to another judge. Judge Dan Aaron Polster on 7/21/14. (P,R)
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| Minutes of proceedings [non-document] before Judge Dan Aaron Polster. Scheduled teleconference held on 7/21/2014. Counsel determined that this case and Case No. 1:14 cv 1031 are not related. Consequently, the Court determined that it must disqualify itself from adjudicating this case. Accordingly, the Court returns the case to the Clerks Office for reassignment to a different judge. Counsel agreed, however, that Plaintiff shall file a motion to remand no later than Friday, July 25, 2014; and Defendants shall file a response brief no later than the close of business on August 15, 2014. Time: 15 min. (P,R) |
| Minutes of proceedings [non-document] before Judge Dan Aaron Polster. After reviewing the removed complaint, the Court held a teleconference with counsel in this and Case No. 1:14 cv 1031 to determine whether the cases are related. As a result of discussions, the Court has scheduled a call-in teleconference in these cases at 3:00 p.m. Eastern Time on Monday, July 21, 2014. The Court will separately email call-in instructions with a new passcode to counsel. At Plaintiff's request, the court extend the deadline for responding to the complaint to July 25, 2014.Time: 15 min. (P,R) Modified on 7/16/2014 (P,R). |
| Filing 7 Motion for attorney David Elbaum, Esq. to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-6634227, filed by BMO Capital Markets Corp, Citigroup Global Markets Inc., Credit Agricole Securities (USA) Inc., JP Morgan Securities LLC, Merrill Lynch Pierce Fenner & Smith Incorporated, Mizuho Securities USA Inc., Scotia Capital (USA) inc, TD Securities (USA) LLC, Wells Fargo Securities LLC. (Attachments: #1 Affidavit of David Elbaum)(Lamb, Brian) |
| Filing 6 Motion for attorney Peter E. Kazanoff, Esq. to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-6634207, filed by BMO Capital Markets Corp., Citigroup Global Markets Inc., Credit Agricole Securities (USA) Inc., JP Morgan Securities LLC, Merrill Lynch Pierce Fenner & Smith Incorporated, Mizuho Securities USA Inc., Scotia Capital (USA) inc, TD Securities (USA) LLC, Wells Fargo Securities LLC. (Attachments: #1 Affidavit of Peter E. Kazanoff)(Lamb, Brian) |
| Filing 5 Supplemental Corporate Disclosure Statement filed by Cliffs Natural Resources Inc. The following publicly held corporations have a potential financial interest, by reason of insurance coverage issued to Cliffs Natural Resources Inc.: CNA Financial Corporation, Travelers Companies Inc., Axis Capital Holdings Ltd., XL Group PLC, Zurich Insurance Group AG, W. R. Berkley Corp., Fairfax Financial Holdings Ltd., and Chubb Corp. (Mueller, Adrienne) Modified text on 7/15/2014 (G,CA). Modified text on 10/24/2014 (S,HR). |
| Filing 4 DOCUMENT WITHDRAWN. Motion for Appointment as Lead Plaintiff, Approval of its Selection of Lead Counsel, and motion for Consolidation of All Related Actions filed by movant Department of the Treasury of the State of New Jersey and its Division of Investment. (Attachments: #1 Brief in Support, #2 Proposed Order, #3 Affidavit in Support of Motion, #4 Exhibit A - Updated Certification, #5 Exhibit B - New Jersey Loss Chart, #6 Exhibit C - PSLRA Notice, #7 Exhibit D - BLBG Firm Resume, #8 Exhibit E - Lowenstein Firm Resume)(Simpkins, Scott). Modified text/AddedMotion to consolidate cases on 7/15/2014 (C,KA). Modified to term motion per notice of withdrawal #19 on 10/14/2014 (H,CM). |
| Filing 3 Magistrate Consent Form issued. (C,B) |
| Filing 2 Corporate Disclosure Statement filed by Cliffs Natural Resources Inc.. (Mueller, Adrienne) |
| Filing 1 Notice of Removal from Cuyahoga County Common Pleas, case number CV-14-828140 with jury demand, Filing fee $ 400, receipt number 0647-6631474. Filer has indicated that case may be related to pending civil action 1:14-CV-1031; 1:14-CV-1106. Filed by James F Kirsch, Mizuho Securities USA Inc., Barry J Eldridge, Cliffs Natural Resources Inc., Citigroup Global Markets Inc., Scotia Capital (USA) inc, Wells Fargo Securities LLC, TD Securities (USA) LLC, Richard K Riederer, Merrill Lynch Pierce Fenner & Smith Incorporated, Susan M Cunningham, Joseph A. Carrabba, Susan M Green, Francis R McAllister, Timothy W Sullivan, Credit Agricole Securities (USA) Inc., JP Morgan Securities LLC, Andres R Gluski, Terrance M Paradie, Richard A. Ross, BMO Capital Markets Corp, Janice K Henry, Timothy Flanagan. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A: Common Pleas Docket+Filings, #3 Exhibit B: Notice of Filing) (Newman, John) |
| Judge Dan Aaron Polster assigned to case. (C,B) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Kenneth S. McHargh. (C,B) |
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