MEMO ENDORSEMENT granting (382) PLAINTIFFS' MOTION TO FILE UNDER SEAL EXHIBIT B TO THE SEPTEMBER 18, 2015 AFFIDAVIT OF EDWARD J. RADETICH, JR., C.P.A. REGARDING STATUS AND RE-DISTRIBUTION OF THE REMAINING NET SETTLEMENT FUND in case 1:04-cv-05723-WHP; granting (1002) PLAINTIFFS' MOTION TO FILE UNDER SEAL EXHIBIT B TO THE SEPTEMBER 18, 2015 AFFIDAVIT OF EDWARD J. RADETICH, JR., C.P.A. REGARDING STATUS AND RE-DISTRIBUTION OF THE REMAINING NET SETTLEMENT FUND in case 1:01-md-01409-WHP.ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 11/10/2015) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP (mro) (Entered: 11/10/2015)
MOTION to Seal Exhibit B to the Affidavit of Edward J. Radetich, Jr., C.P.A. Regarding Status and Proposed Re-Distribution of the Remaining Net Settlement Fund. Document filed by Jeanne H. Balbach, S. Byron Balbach, Jr, Woodrow Clark, Leslie Cooper, Cherie R. Donald, Andrea Kune, Camille Laplaca-Post, Pamela Geller Oshry, Robert Ross, Herve Senequier, Randal Wachsmuth.(Langer, David) (Entered: 09/21/2015)
NOTICE of Plaintiffs' Motion to File Under Seal Exhibit B to the Affidavit of Edward J. Radetich, Jr., C.P.A. Regarding Status and Proposed Re-Distribution of the Remaining Net Settlement Fund. Document filed by Jeanne H. Balbach, S. Byron Balbach, Jr, Woodrow Clark, Leslie Cooper, Cherie R. Donald, Andrea Kune, Camille Laplaca-Post, Michael H. Oshry, Robert Ross, Herve Senequier, Randal Wachsmuth. (Langer, David) (Entered: 09/21/2015)
AFFIDAVIT of Edward J. Radetich, Jr., C.P.A. in Support re: 998 MOTION to Approve the Fourth and Final Distribution of the Remaining Net Settlement Fund and for the Award of Fees and Expenses and Notice of Plaintiffs' Status Report.. Document filed by Jeanne H. Balbach, S. Byron Balbach, Jr, Woodrow Clark, Leslie Cooper, Cherie R. Donald, Andrea Kune, Camille Laplaca-Post, Michael H. Oshry, Robert Ross, Herve Senequier, Randal Wachsmuth. (Langer, David) (Entered: 09/21/2015)
MEMORANDUM OF LAW in Support re: 998 MOTION to Approve the Fourth and Final Distribution of the Remaining Net Settlement Fund and for the Award of Fees and Expenses and Notice of Plaintiffs' Status Report. and Plaintiffs' Status Report to the Court. Document filed by Jeanne H. Balbach, S. Byron Balbach, Jr, Woodrow Clark, Leslie Cooper, Cherie R. Donald, Andrea Kune, Camille Laplaca-Post, Michael H. Oshry, Robert Ross, Herve Senequier, Randal Wachsmuth. (Attachments: # 1 Affidavit Declaration of Jeffrey Kabacinski, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5)(Langer, David) (Entered: 09/21/2015)
MOTION to Approve the Fourth and Final Distribution of the Remaining Net Settlement Fund and for the Award of Fees and Expenses and Notice of Plaintiffs' Status Report. Document filed by Jeanne H. Balbach, S. Byron Balbach, Jr, Woodrow Clark, Leslie Cooper, Cherie R. Donald, Andrea Kune, Robert R. La Place, Michael H. Oshry, Robert Ross, Herve Senequier, Randal Wachsmuth. (Attachments: # 1 Text of Proposed Order)(Langer, David) (Entered: 09/21/2015)
ORDER: Plaintiffs' lead counsel and the Claims Administrator are directed to file a report regarding the results of the final distribution of the residual net settlement funds by September 25, 2015. The report should include any proposal for disposition of undistributed funds and any requests for additional fees or disbursements. SO ORDERED. (Signed by Judge William H. Pauley, III on 8/19/2015) (ama) (Entered: 08/19/2015)
ORDER APPROVING THE FINAL DISTRIBUTION PLAN AND AWARDING FEES AND EXPENSES in case 1:01-cv-03342-WHP; granting (369) Motion to Approve the Final Distribution of the Residual Net Settlement Fund and for an Award of Fees and Expenses in case 1:04-cv-05723-WHP; granting (982) Motion to Approve the Final Distribution of the Residual Net Settlement Fund and for an Award of Fees and Expenses in case 1:01-md-01409-WHP.1. The Court finds that the proposed plan of allocation (the "Final Distribution Plan"), as set forth in the May 2014 Affidavit of Edward J. Radetich, Jr., C.P.A. ("May 2014 Radetich Affidavit"), is fair and reasonable. The Court approves the Final Distribution Plan and orders that it be effected, and retains jurisdiction to supervise the implementation and effectuation of the Final Distribution Plan and this Order. 2. The Residual Net Settlement Fund (approximately $15,031,553.53) consists of $11,986,189.35 from uncashed checks from the distribution of the Aggregate Net Settlement Fund (the "Second Distribution"); plus $4,673,066.01, representing the unused portion of the reserve funds established in connection with the Second Distribution; minus $259,301.20 set aside for administrative costs for the Final Distribution Plan (i.e., printing, postage, bank clearing services and other administrative services), $327,106.36 for a final batch of reissued checks, a $500,000 reserve fund and $541,294.27, representing Lead Counsel's request i n Ross v. American Express Co. ("AMEX"), No. 04-CV-5723 (S.D.N.Y.), for a supplemental award of attorneys' fees and unreimbursed expenses as further set forth in this order. 4. The Court awards to AMEX Lead Counsel reasonable and appropriate attorneys' fees in the amount of $451,432.50 for post-fee petition work on appeals and settlement administration in the AMEX case. 5. The Court also approves the reimbursement of $89,861.77 of post-fee petition AMEX costs as further set forth in this order. 10. This Court reserves jurisdiction over any matters related to or ancillary to this Order, including any additional applications for attorneys' fees and costs. (Signed by Judge William H. Pauley, III on 10/20/2014) Filed In Associated Cases: 1:01-md-01409-WHP et al. Copies Sent By Chambers. (lmb) (Entered: 10/21/2014)
ORDER DIRECTING CLASS MEMBER KEVIN POLLINS TO CEASE AND DESIST FROM FURTHER COMMUNICATIONS WITH PLAINTIFFS' LEAD COUNSEL granting (989) Motion for an Order Directing Class Member Kevin Pollins to Cease and Desist from Further Communications with Plaintiffs' Lead Counsel in case 1:01-md-01409-WHP. It is hereby ORDERED that: 1. This Court has jurisdiction over the subject matter of Plaintiffs' Lead Counsel's motion and over all the parties before the Court, including, without limitation, class member Kevin Pollins as further set forth in this order. 8. The Court finds that good cause exists for entry of an Order, pursuant to Rules 23(d) and 83(b) of the Federal Rules of Civil Procedure, directing Mr. Pollins to cease and desist from further communications with Plaintiffs' Lead Counsel. Mr. Pollins shall cease and desist from: (i) demanding the Additional Payment from the FX fee settlements; and (ii) contacting Plaintiffs' Lead Counsel concerning the FX fee settlements, his improper payment demand, or any other reason. This Order is necessary to preserve the orderly and efficient administration of the FX fee settlements. (Signed by Judge William H. Pauley, III on 10/21/2014) Filed In Associated Cases: 1:01-md-01409-WHP et al. Copies Sent By Chambers. (lmb) (Entered: 10/21/2014)
LETTER addressed to Judge William H. Pauley, III from Merrill G. Davidoff dated July 30, 2014 re: No Response Received to Motion for an Order re Class Member Kevin Pollins [Dkt. No. 989]. Document filed by Currency Conversion Fee Antitrust Litigation.(Davidoff, Merrill) (Entered: 07/30/2014)
MEMO ENDORSEMENT granting (569) Motion to Withdraw as Attorney. ENDORSEMENT: Application granted. Attorney Marah Stith McLeod terminated in case 1:05-cv-07116-WHP-JCF. (Signed by Judge William H. Pauley, III on 6/27/2014) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP-JCF (lmb) (Entered: 07/10/2014)
DECLARATION of Merrill G. Davidoff in Support re: 989 MOTION for an Order Directing Class Member Kevin Pollins to Cease and Desist from Further Communications with Plaintiffs' Lead Counsel .. Document filed by Currency Conversion Fee Antitrust Litigation. (Attachments: # 1 Exhibit Exhibits 22-36)(Davidoff, Merrill) (Entered: 06/19/2014)
DECLARATION of David A. Langer in Support re: 989 MOTION for an Order Directing Class Member Kevin Pollins to Cease and Desist from Further Communications with Plaintiffs' Lead Counsel .. Document filed by Currency Conversion Fee Antitrust Litigation. (Attachments: # 1 Exhibit Exhibits 1-3, # 2 Exhibit Exhibits 4-10, # 3 Exhibit Exhibits 11-21)(Langer, David) (Entered: 06/19/2014)
MEMORANDUM OF LAW in Support re: 989 MOTION for an Order Directing Class Member Kevin Pollins to Cease and Desist from Further Communications with Plaintiffs' Lead Counsel . . Document filed by Currency Conversion Fee Antitrust Litigation. (Langer, David) (Entered: 06/19/2014)
MOTION for an Order Directing Class Member Kevin Pollins to Cease and Desist from Further Communications with Plaintiffs' Lead Counsel . Document filed by Currency Conversion Fee Antitrust Litigation. (Attachments: # 1 Text of Proposed Order)(Langer, David) (Entered: 06/19/2014)
ENDORSED LETTER addressed to Judge William H. Pauley, III from Merrill G. Davidoff dated 1/30/2014 re: Plaintiffs' Lead Counsel write to respectfully request permission to submit a motion for an order directing class member Kevin Pollins to cease and desist from further communications with Plaintiffs' Lead Counsel concerning Mr. Pollins' improper demand, which the Court has previously denied, that he receive an additional $20,000 payment from the settlements of the foreign transaction fee claims in the related MDL 1409 matters In re Currency Conversion Fee Antitrust Litigation ("CCF I"), MDL No. 1409, Master File No. M21-95 (S.D.N.Y.), and Ross, et al. v. American Express Company ("American Express"), No. 04-5723 (S.D.N.Y.) (collectively, the two settlements are referred to as the "FX fee settlements"). ENDORSEMENT: Application to file a motion is granted. Plaintiff shall file its motion by June 20, 2014. Any response is due on July 25, 2014. Any reply is due on August 8, 2014. The Court will take the motion on submission., ( Motions due by 6/20/2014., Responses due by 7/25/2014., Replies due by 8/8/2014.) (Signed by Judge William H. Pauley, III on 6/18/2014) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(lmb) (Entered: 06/19/2014)
MOTION to Seal [Manually] Exhibit B to the May 30, 2014 Affidavit of Edward J. Radetich, Jr., C.P.A. [DE 985] Regarding Distribution of the Residual Net Settlement Fund. Document filed by Jeanne H. Balbach, S. Byron Balbach, Jr, Woodrow Clark, Leslie Cooper, Cherie R. Donald, Andrea Kune, Camille Laplaca-Post, Michael H. Oshry, Robert Ross, Herve Senequier, Randal Wachsmuth. (Attachments: # 1 Image of DVD (Exh B to Radetich Aff - DE 985) [To Be Filed Manually Under Seal])(Davidoff, Merrill) (Entered: 06/04/2014)
NOTICE of Plaintiffs' Motion to File Under Seal Exhibit B to the May 30, 2014 Affidavit of Edward J. Radetich, Jr., C.P.A. [DE 985] Regarding Distribution of the Residual Net Settlement Fund. Document filed by Jeanne H. Balbach, S. Byron Balbach, Jr, Woodrow Clark, Leslie Cooper, Cherie R. Donald, Andrea Kune, Camille Laplaca-Post, Michael H. Oshry, Robert Ross, Herve Senequier, Randal Wachsmuth. (Davidoff, Merrill) (Entered: 06/04/2014)
AFFIDAVIT of Edward J. Radetich, Jr., C.P.A. in Support re: 982 MOTION to Approve the Final Distribution of the Residual Net Settlement Fund and for an Award of Fees and Expenses .. Document filed by Jeanne H. Balbach, S. Byron Balbach, Jr, Woodrow Clark, Leslie Cooper, Cherie R. Donald, Andrea Kune, Camille Laplaca-Post, Michael H. Oshry, Robert Ross, Herve Senequier, Randal Wachsmuth. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Davidoff, Merrill) (Entered: 06/04/2014)
DECLARATION of Merrill G. Davidoff in Support re: 982 MOTION to Approve the Final Distribution of the Residual Net Settlement Fund and for an Award of Fees and Expenses .. Document filed by Jeanne H. Balbach, S. Byron Balbach, Jr, Woodrow Clark, Leslie Cooper, Cherie R. Donald, Andrea Kune, Camille Laplaca-Post, Michael H. Oshry, Robert Ross, Herve Senequier, Randal Wachsmuth. (Davidoff, Merrill) (Entered: 06/04/2014)
MEMORANDUM OF LAW in Support re: 982 MOTION to Approve the Final Distribution of the Residual Net Settlement Fund and for an Award of Fees and Expenses . . Document filed by Jeanne H. Balbach, S. Byron Balbach, Jr, Woodrow Clark, Leslie Cooper, Cherie R. Donald, Andrea Kune, Camille Laplaca-Post, Michael H. Oshry, Robert Ross, Herve Senequier, Randal Wachsmuth. (Davidoff, Merrill) (Entered: 06/04/2014)
MOTION to Approve the Final Distribution of the Residual Net Settlement Fund and for an Award of Fees and Expenses . Document filed by Jeanne H. Balbach, S. Byron Balbach, Jr, Woodrow Clark, Leslie Cooper, Cherie R. Donald, Andrea Kune, Camille Laplaca-Post, Michael H. Oshry, Robert Ross, Herve Senequier, Randal Wachsmuth. (Attachments: # 1 Text of Proposed Order Exhibit A)(Davidoff, Merrill) (Entered: 06/04/2014)
STATUS REPORT. Regarding the Status of the Distribution of the Aggregate Net Settlement Fund As of September 30, 2013 Document filed by Jeanne H. Balbach, S. Byron Balbach, Jr, Woodrow Clark, Leslie Cooper, Cherie R. Donald, Andrea Kune, Camille Laplaca-Post, Michael H. Oshry, Robert Ross, Herve Senequier, Randal Wachsmuth. (Attachments: # 1 Affidavit of Ronald A. Bertino, CPA Regarding the Status of Administration Through September 30, 2013)(Langer, David) (Entered: 10/16/2013)
ORDER APPROVING DISTRIBUTION OF THE AGGREGATE NET SETTLEMENT FUND. This Court having reviewed Plaintiffs' Motion to Approve the Distribution of the Aggregate Net Settlement Fund in Accordance with the March 8, 2013 Affidavit of Edward J. Radetich, Jr., C.P.A. ("Radetich Affidavit"), the Radetich Affidavit, and all supporting exhibits submitted with respect thereto, it is ORDERED that Plaintiffs' motion is GRANTED. IT IS HEREBY FURTHER ORDERED as follows: 1. The Court approves the proposed allocation of the Aggregate Net Settlement Fund in accordance with the Court-approved Allocation Plan in Ross v. American Express Co. ("AMEX") (AMEX Dkt. No. 214) and the Court-approved CCF I Residual Allocation Plan (Ex. 1 to the April 20, 2012 Declaration of Nicholas Urban) (jointly, the "Plans"), as set forth by the Claims Administrator (Heffler, Radetich & Saitta LLP) in the Radetich Affidavit. The Aggregate Net Settlement Fund (approximately $84,831,534.18) consists of (a) the amount remaining in the AMEX settlement fund after the Court-ordered awards to the named Plaintiffs, attorneys' fees and expenses, and notice, settlement administration and distribution expenses, and a $2.5 million reserve fund, see paragraph 3 below CAMEX Net Settlement Fund"), and (b) the Residual CCF I Settlement Fund (consisting of funds remaining in the Foreign Currency Fee Litigation Settlement Fund as of January 15, 2013, minus additional, post-fee petition, Court-approved costs, addressed in paragraph 2 below, and a $2.5 million reserve fund, addressed in paragraph 3 below). 2. The Court approves the reimbursement of $187,090.22 of post-fee petition CCF I costs to Plaintiffs' counsel. 3. The Court approves the creation of a $5 million reserve fund to cover potential reissues of checks to claimants and any CCF I checks which clear after January 15, 2013, to be allocated in the amount of $2.5 million each to the AMEX Net Settlement Fund and to the Residual CCF I Settlement Fund. 4. The Court finds that the Claims Administrator's methodology for calculating the pro-rata distributions, as set forth in the Radetich Affidavit, complies with: (a) the Plans, previously approved by the Court in its Orders dated April 30, 2012 (CCF I Dkt. Nos. 946 and 947); and (b) the requirements of due process, with all claimants having had a full and fair opportunity to present their claims and to be heard in connection with the processing and auditing thereof. 5. Accordingly, the Court authorizes payment of claims from the monies remaining in the Aggregate Net Settlement Fund for disbursement to the claimants, as set forth in the Radetich Affidavit and accompanying exhibits. 6. Plaintiffs' Lead Counsel are hereby authorized to distribute the Aggregate Net Settlement Fund in accordance with this Order and the findings, conclusions and determinations set forth in the Radetich Affidavit. 7. Without affecting the finality of the AMEX Order and Final Judgment Approving Settlement (CCF I Dkt. No. 948) or the CCF I Final Judgment and Order of Dismissal (CCF I Dkt. No. 763) or this Order in any respect, this Court reserves jurisdiction over any matters related to or ancillary to this Order. (Signed by Judge William H. Pauley, III on 4/16/2013). Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP-JCF, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP. Copies Sent By Chambers. (rjm) (Entered: 04/16/2013)
Letter addressed to Judge William H. Pauley from Merrill G. Davidoff dated 1/3/2013 re: Counsel writes to assist the Court in setting its agenda for the pre-trial conference scheduled for Friday, January 4, 2013 at 2:00 p.m., Class Plaintiffs write to list what they understand to be the pending disputes between the parties that the Court may wish to address. The list is set forth in this letter.Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP-JCF(js) (Entered: 01/24/2013)
Letter addressed to Judge William H. Pauley from Merrill G. Davidoff dated 12/26/2013 re: In sum, Defendants' current conduct displays precisely the kind of ambiguity about which Defendants vociferously complained to the Court in correspondence dated December 4, 2012. Plaintiffs request that the Court order the Defendants to identify immediately their "Will Call" witnesses and the means by which their testimony will be presented (in the case of Siegel, Prince and Tasheff). Document filed by Robert Ross, Randal Wachsmuth, S. Byron Balbach, Jr, Woodrow Clark, Matthew Grabell, Paul Impellezzeri, Andrea Kune, Richard Mandell, Robert Ross, Herve Senequier, Jessica Baker, Jeanne H. Balbach, Herbert Berger, Gary Brandeis, Keith Brown, Joseph C. Chatham, Leslie Cooper, Cherie R. Donald, Robert L. Donald, Elizabeth A. Fischer, Jennifer Herbst, Paul Impellezzeri, Inducon Park Associates, Inc., Ester Grace Javier, Robert R. La Place, Christopher G. LaMarca, Camille Laplaca-Post, Jonathan Lipner, Diane Lynch, Tim Lynch, Charles Matthews, Michael H. Oshry, Pamela Geller Oshry, Eleanor Mason Ramsey, Joshua Rubin, Caran Ruga, Phil Salvagio, Gilbert Schrank, Jeffrey Silberman, Howard Steinlauf, Randal Wachsmuth, Rochelle Waldman, Donald E. Wood.Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP-JCF(js) (Entered: 01/17/2013)
ENDORSED LETTER: addressed to Judge William H. Pauley from Michelle N. Ferreri dated 1/8/2013 re: Counsel for HSBC Finance Corporation and HSBC Bank Nevada, N.A write as of January 11, 2013 Attorney Michelle N. Ferreri will no longer be associated with Morgan Lewis and kindly request that her name be removed as counsel of record from the docket. ENDORSEMENT: Application granted. So Ordered. (Signed by Judge William H. Pauley, III on 1/11/2013) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP-JCF(js) (Entered: 01/14/2013)
STIPULATION AND ORDER CONCERNING THE EXCLUSION OF PERCIPIENT WITNESSES: Plaintiffs, American Express, Citibank and Discover are entitled to designate a single party representative each who shall not be excluded from the courtroom at any time during trial on the basis of his or her status as a percipient witness. Nothing in P1 above is intended to prohibit any party from having additional party representatives who are not percipient witnesses present in the courtroom during trial either in addition to the designated party representative or as an alternate for the designated party representative in the event the designated party representative is unavailable for any reason. With the exception of party representatives designated pursuant to P1 above, every other percipient witness shall be excluded from the courtroom until after completion of his or her testimony. During such time as a percipient witness is excluded from the courtroom, he or she shall also be prohibited from reading any portions of court transcripts, or summaries thereof, documenting proceedings in the above-captioned matters. Nothing in this Stipulation and Order shall be interpreted to exclude from the courtroom any expert witness testifying on behalf of any party. Nothing in this Stipulation and Order shall be interpreted to limit the Court's inherent authority to exclude any individual from the courtroom on grounds other than that individual's status as a percipient witness. (Signed by Judge William H. Pauley, III on 12/18/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP-JCF(ft) (Entered: 12/19/2012)
ENDORSED LETTER addressed to Judge William H. Pauley, III from Merrill G. Davidoff dated 12/11/2012 re: Yesterday, during a meeting and confer call, defendants informed plaintiffs that they each intend to file a brief of no more than 35 pages on Friday pursuant to your Honor's Individual Practices, paragraph VI.B.iv, for a total of up to 75 pages. Could your Honor so indicate on a copy of this letter and file the same with the Clerk? ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 12/11/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP-JCF(ft) (Entered: 12/12/2012)
MOTION to File Under Seal Class Plaintiffs' Reply Memorandum in Further Support of Plaintiffs' Motions in Limine. Document filed by Robert Ross, Randal Wachsmuth, S. Byron Balbach, Jr, Woodrow Clark, Matthew Grabell, Paul Impellezzeri, Andrea Kune, Richard Mandell, Robert Ross, Herve Senequier, Jessica Baker, Jeanne H. Balbach, Herbert Berger, Cherie R. Donald, Robert L. Donald, Julie Finkelman, Elizabeth A. Fischer, Jennifer Herbst, Paul Impellezzeri, Inducon Park Associates, Inc., Ester Grace Javier, Camille Laplaca-Post, Jonathan Lipner, Diane Lynch, Tim Lynch, Michael H. Oshry, Pamela Geller Oshry, Joshua Rubin, Caran Ruga, Gilbert Schrank, Howard Steinlauf, Randal Wachsmuth.Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP-JCF(lmb) (Entered: 12/12/2012)
NOTICE of Motion to File Under Seal Class Plaintiffs' Reply Memorandum in Further Support of Plaintiffs' Motions in Limine. Document filed by Robert Ross, Randal Wachsmuth, S. Byron Balbach, Jr, Woodrow Clark, Matthew Grabell, Paul Impellezzeri, Andrea Kune, Richard Mandell, Robert Ross, Herve Senequier, Jessica Baker, Jeanne H. Balbach, Herbert Berger, Leslie Cooper, Cherie R. Donald, Robert L. Donald, Julie Finkelman, Elizabeth A. Fischer, Jennifer Herbst, Paul Impellezzeri, Inducon Park Associates, Inc., Ester Grace Javier, Camille Laplaca-Post, Jonathan Lipner, Diane Lynch, Tim Lynch, Michael H. Oshry, Pamela Geller Oshry, Joshua Rubin, Caran Ruga, Gilbert Schrank, Howard Steinlauf, Randal Wachsmuth. Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP-JCF(lmb) (Entered: 12/12/2012)
MOTION to File Under Seal Class Plaintiffs' Memorandum in Further Support of Plaintiffs' Motion to Exclude the Testimony of Orley C. Ashenfelter Insofar as He Opines That Discover's Class-Barring Arbitration Clauses Did Not Reduce the Number of Class Claims Brought Against Discover. Document filed by Robert Ross, Randal Wachsmuth, S. Byron Balbach, Jr, Woodrow Clark, Matthew Grabell, Paul Impellezzeri, Richard Mandell, Robert Ross, Herve Senequier, Jessica Baker, Jeanne H. Balbach, Herbert Berger, Leslie Cooper, Cherie R. Donald, Robert L. Donald, Julie Finkelman, Elizabeth A. Fischer, Jennifer Herbst, Paul Impellezzeri, Inducon Park Associates, Inc., Ester Grace Javier, Andrea Kune, Camille Laplaca-Post, Jonathan Lipner, Diane Lynch, Tim Lynch, Michael H. Oshry, Pamela Geller Oshry, Joshua Rubin, Caran Ruga, Gilbert Schrank, Howard Steinlauf, Randal Wachsmuth.Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP-JCF(lmb) (Entered: 12/12/2012)
NOTICE of Motion to File Under Seal Class Plaintiffs' Reply Memorandum in Further Support of Plaintiffs' Motion to Exclude the Testimony of Orley C. Ashenfelter Insofar as He Opines that Discover's Class-Barring Arbitration Clauses Did Not Reduce the Number of Class Claims Brought Against Discover. Document filed by Robert Ross, Randal Wachsmuth, S. Byron Balbach, Jr, Woodrow Clark, Matthew Grabell, Paul Impellezzeri, Andrea Kune, Richard Mandell, Robert Ross, Herve Senequier, Jessica Baker, Jeanne H. Balbach, Herbert Berger, Gary Brandeis, Keith Brown, Joseph C. Chatham, Leslie Cooper, Cherie R. Donald, Robert L. Donald, Julie Finkelman, Elizabeth A. Fischer, Jennifer Herbst, Paul Impellezzeri, Inducon Park Associates, Inc., Ester Grace Javier, Camille Laplaca-Post, Jonathan Lipner, Diane Lynch, Tim Lynch, Michael H. Oshry, Pamela Geller Oshry, Joshua Rubin, Caran Ruga, Gilbert Schrank, Howard Steinlauf, Randal Wachsmuth. Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP-JCF(lmb) (Entered: 12/12/2012)
ENDORSED LETTER addressed to Judge William H. Pauley III from Theodore R. Scarborough dated 11/13/2012 re: Counsels jointly request a two-day extension for the deadline to submit responses to motions in limine, including responses to Daubert motions, as set forth in this Court's Revised Joint Pre-Trial Scheduling Order until November 16, 2012. ENDORSEMENT: Application granted. (Responses due by 11/16/2012) (Signed by Judge William H. Pauley, III on 11/15/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP-JCF(ft) (Entered: 11/15/2012)
ENDORSED LETTER: addressed to Judge William H. Pauley from Theodore R. Scarborough dated 9/20/2012 re: Counsel writes jointly on behalf of the Citi, Discover, and American Express Defendants to request an extension of certain remaining deadlines for Designation of Testimony and Exhibits in this Court's Pre-trial Scheduling Order, dated April 18, 2012 ("Scheduling Order,") attached hereto for the Court's convenience). The requested extensions will not affect the trial date or any other dates in the Scheduling Order. Defendants have conferred with plaintiffs regarding the requested extensions. Subject to the Court's approval, Defendants request, and Plaintiffs have agreed to, the following schedule: (1)September 20, 2012 deadlines in Sections A iii. and B.ii. of the Scheduling Order will be extended to September 25, 2012 at 12:00 p.m. EST. (2)October 5, 2012 deadlines in Sections A.iv. and B.iii. of the Scheduling Order will be extended to October 12, 2012. (3) October 19, 2012 deadlines in Section B.iv. of the Scheduling Order will be extended to October 26, 2012. (4) October 26, 2012 deadlines in Section B.v. of the Scheduling Order will be extended to November 2, 2012 ENDORSEMENT: Application granted. So Ordered. (Signed by Judge William H. Pauley, III on 9/26/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP-JCF(js) (Entered: 09/27/2012)
MEMORANDUM AND ORDER: Plaintiffs' motion to empanel an advisory jury is denied. (Signed by Judge William H. Pauley, III on 9/11/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP-JCF(jar) (Entered: 09/11/2012)
ORDER: For the reasons stated in this Court's Memorandum & Order dated August 28, 2012, the following Appellants are jointly and severally responsible for posting an appeal bond in the amount of $25,000: (1) Richard Melton Construction, Inc., (2) Dirk Sutro, (3) David Ramirez, (4) Kirk Kennedy, and (5) Chuck Serafino. The bond shall be posted by September 17, 2012. Further, this Court declines to reconsider its calculation of attorneys' fees and service awards. Plaintiffs' counsel may seek additional fees at a later date, if warranted. (Signed by Judge William H. Pauley, III on 9/5/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(mro) (Entered: 09/06/2012)
MEMORANDUM AND ORDER: For the foregoing reasons, Lead Class Counsel's motion to require appeal bonds is granted. An appeal bond of $25,000 is ordered. The following Appellants are jointly and severally responsible for posting this bond: (1) Richard Melton Construction, Inc., (2) Dirk Sutro, (3) David Ramirez, (4) Kirk Kennedy, and (5) Chuck Serafino. The Clerk of the Court is directed to terminate the motion pending at Dkt. No. 257. (Signed by Judge William H. Pauley, III on 8/28/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(js) (Entered: 08/28/2012)
ENDORSED LETTER addressed to Judge William H. Pauley III, from Sara Sandok Rabinovici, dated 8/6/2012, re: As of August 10, 2012, I will no longer be associated with Morgan Lewis and kindly request that my name be removed as counsel of record from the docket. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 8/10/2012) (ja) (Entered: 08/13/2012)
ORDER. The following is established: All filings not subject to a claim of privilege and all discovery produced or otherwise originating in Ross, et al. v. Bank of America, N.A. (USA), et al., Docket No. 05-7116, MDL No. 1409, Master File M21-95 ("Ross v. Bank ofAmerica"), Ross, et al. v. American Express, et al., Docket No. 04-5723, MDL No. 1409 ("Ross v. American Express"), and In re Currency Conversion Fee Antitrust Litig., Master File No. M21-95, MDL 1409, including, without limitation, documents, responses to interrogatories and requests for admissions, affidavits, declarations, expert reports, and deposition testimony, shall be made available to Amex, Citi, and Discover, subject to the terms of the April 21, 2009 Stipulated Confidentiality Order in Ross v. Bank of America and the terms of the March 21, 2005 Stipulated Confidentiality Order in Ross v. American Express. The parties' rights are reserved with respect to the admissibility of all evidence and discovery materials and nothing in this Order alters or affects such rights. (Signed by Judge William H. Pauley, III on 8/3/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP-JCF(rjm) (Entered: 08/03/2012)
SCHEDULING ORDER: The pre-motion teleconference previously scheduled for July 10, 2012 is rescheduled to July 26, 2012 at 5:15 p.m. Counsel should provide the Court with dial-in information before the call. Pre-Motion Conference set for 7/26/2012 at 05:15 PM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 7/10/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP-JCF, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(js) (Entered: 07/11/2012)
ENDORSED LETTER addressed to Judge William H. Pauley, III from T. Robert Scarborough dated 6/19/2012 re: We are writing on behalf of the Citigroup Defendants in the above-captioned matter and in response to plaintiffs' June 12 letter requesting a pre-motion conference regarding the protective orders entered in this action ("Bofa") and Ross v. American Express ("Amex"). At this time, we do not believe that a pre-motion conference is necessary, and, frankly, we are surprised that plaintiffs submitted this matter to the Court without first informing defendants of their intent to do so. In order to assist the Court, however, we provide some needed context below. ENDORSEMENT: The parties are directed to participate in a telephone conference with the Court on July 10, 2012 at 4:30 p.m. Counsel should provide the court with dial-in information prior to the call. SO ORDERED.( Telephone Conference set for 7/10/2012 at 04:30 PM before Judge William H. Pauley III.)(Docketed also in cases 04cv5723 and 05cv7116) (Signed by Judge William H. Pauley, III on 6/21/2012) (ama) (Entered: 06/22/2012)
ENDORSED LETTER addressed to Judge William H. Pauley III from Merrill G. Davidoff dated 5/31/12 re: Counsel for the plaintiff requests a pre-motion conference for leave to file a motion requiring appellants Chuck Serafino and David Ramirez/Dirk Sutro/Melton Construction, Inc. to post a bond pursuant to Rule 7 of the Federal Rules of Appellate Procedure. Counsel proposes the following briefing schedule: motion and supporting papers: 6/19/12; opposition papers: 7/10/12; and reply papers: 7/20/12. ENDORSEMENT: Application granted. Plaintiffs' motion shall cover appellant Kirk Kennedy. Any opposition by Mr. Kennedy is due by July 10, 2012. (Signed by Judge William H. Pauley, III on 6/5/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(mro) Modified on 6/7/2012 (mro). (Entered: 06/06/2012)
ENDORSED LETTER addressed to Judge William H. Pauley, III from Kevin Pollins dated 5/29/2012 re: Emergency Executive Order to pay Kevin Pollins the week of June 4, 2012 because I need my 20,000 to be paid on time due to bills. ENDORSEMENT: Application denied. So ordered. (Signed by Judge William H. Pauley, III on 6/5/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP -THK, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(rjm) (Entered: 06/05/2012)
NOTICE OF APPEAL from (948 in 1:01-md-01409-WHP, 245 in 1:04-cv-05723-WHP) Judgment. Document filed by Kirk A. Kennedy. Filing fee $ 455.00, receipt number 465401039765. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. Copies of Notice of Appeal mailed to Attorney(s) of Record: Berger & Montague, P.C. Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(nd) (Entered: 05/31/2012)
NOTICE OF APPEAL from (948 in 1:01-md-01409-WHP, 245 in 1:04-cv-05723-WHP) Judgment. Document filed by Richard Melton Construction, Inc, Dirk F. Sutro, David Ramirez. Filing fee $ 455.00, receipt number 465401039693. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(nd) (Entered: 05/31/2012)
ORDER: Having received the parties' submissions on class plaintiffs' motion for the empanelling ofan advisory jury, the Court has determined that oral argument on the matter is unnecessary. Accordingly, oral argument scheduled for June 4, 2012 is cancelled and this Court will take the motion on submission. (Signed by Judge William H. Pauley, III on 5/21/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP -THK, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(djc) (Entered: 05/22/2012)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a SETTLEMENT proceeding held on 9/8/12 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: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP -THK, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(McGuirk, Kelly) (Entered: 05/02/2012)
TRANSCRIPT of Proceedings re: SETTLEMENT held on 9/8/2011 before Judge William H. Pauley, III. Court Reporter/Transcriber: Joseph Quinones, (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 5/29/2012. Redacted Transcript Deadline set for 6/7/2012. Release of Transcript Restriction set for 8/3/2012.Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP -THK, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(McGuirk, Kelly) (Entered: 05/02/2012)
ORDER: The Court received the attached Objection to the Proposed Settlement dated April 5,2012. By this Order, this Court dockets the attached and forwards it to the parties. (Signed by Judge William H. Pauley, III on 4/23/2012) (cd) (Entered: 05/02/2012)
JUDGMENT approving reimbursement of litigation expenses in connection with the settlement as to Defendant National Arbitration Forum, Inc. (05 CIV 7116 (WHP)). (Signed by Judge William H. Pauley, III on 4/30/12) (Attachments: # 1 notice of right to appeal)Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP -THK(ml) (Entered: 05/01/2012)
FINAL JUDGMENT AND ORDER OF DISMISSAL with respect to Defendant National Arbitration Forum, Inc. (05 CIV 7116 (WHP)). (Signed by Judge William H. Pauley, III on 4/30/12) (Attachments: # 1 notice of right to appeal)Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP -THK(ml) (Entered: 05/01/2012)
ORDER: The Court received the attached letter dated April 16, 2012. Counsel for plaintiffs are directed to address the issue raised therein. (Signed by Judge William H. Pauley, III on 4/30/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP -THK, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(mro) (Entered: 05/01/2012)
FINAL JUDGMENT approving settlement (04 CIV 5723 (WHP)). (Signed by Judge William H. Pauley, III on 4/30/12) (Attachments: # 1 notice of right to appeal)Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(ml) (Entered: 05/01/2012)
FINAL JUDGMENT approving the allocation plan (04 CIV 5723 (WHP)). (Signed by Judge William H. Pauley, III on 4/30/12) (Attachments: # 1 notice of right to appeal)Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(ml) (Entered: 05/01/2012)
ORDER APPROVING THE RESIDUAL ALLOCATION PLAN: The Court ORDERS as follows: 1. The Court finds that the Residual Allocation Plan fairly and adequately provides for settlement administration, claims submission, and the allocation of funds remaining in the Foreign Currency Fee Litigation Settlement Fund. The Court approves the Residual Allocation Plan, orders its implementation and effectuation, and retains jurisdiction to supervise the implementation and effectuation of the Residual Allocation Plan. 2. The Court recognizes the intention to coordinate the distribution of the residual funds with the distribution of the settlement funds for the related MDL 1409 matter, Ross v. American Express, Co., No. 04-cv-5723 (S.D.N.Y.) (Pauley, J.), to economize on the costs of distribution. 3. Finding that there is no just reason for delay, this Order shall constitute a final judgment pursuant to Federal Rule of Civil Procedure Rule 54(b). Without affecting the finality of this Order in any respect, this Court reserves jurisdiction over any matters related to or ancillary to this Order. 4. The Clerk of the Court is directed to enter this Order on the docket. (Signed by Judge William H. Pauley, III on 4/30/2012) (mro) (Entered: 05/01/2012)
Letter addressed to Judge William H. Pauley from Kevin Pollins (Paralegal) dated 4/18/2012 re: Mr. Pollins writes to request that the Court refer to documents dated March 2, 2012 and March 26, 2012 which are legitimate claims even assigned a claim number 007307441. Counsel is legally obligated to recoup his money despite Mr. Davidoff and Mr. Lamger attempt to his claim saying it has no merit and should be rejected which is false, Mr. Pollins goes on to say his claim is just as important as their request a reimbursement of 417,461 in expenses. Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(js) (Entered: 04/26/2012)
ORDER: The Court received the attached letter dated April 18, 2012. By this Order, this Court dockets the attached and forwards it to the parties. (Signed by Judge William H. Pauley, III on 4/26/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(js) (Entered: 04/26/2012)
MEMORANDUM OF LAW in Support re: (237 in 1:04-cv-05723-WHP) Scheduling Order (235 in 1:04-cv-05723-WHP) MOTION Service awards. Document filed by Robert Ross, Randal Wachsmuth. Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(ft) (Entered: 04/19/2012)
ENDORSED LETTER addressed to Judge William H. Pauley III from Merrill G. Davidoff dated 4/18/12 re: Counsel for the plaintiff Class requests that the Court suspend pre-motion letter practice as to plaintiffs' forthcoming motion for approval of a proposed residual allocation plan regarding the distribution of unclaimed settlement proceeds. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 4/18/2012) (mro) (Entered: 04/19/2012)
JOINT PRE-TRIAL SCHEDULING ORDER:The parties shall submit their motions in limine, including Daubert motions, as follows: October 12, 2012: motions in limine due. November 9, 2012: responses to motions in limine due. November 30, 2012: replies, if any, in support of motions in limine due. The parties shall file a joint pre-trial order in compliance with Section VI.A of the Court's Individual Practices by November 28, 2012. The parties shall file the documents set forth in Section VI.B. of the Court's Individual Practices, excepting those in Section VI.B.iii (regarding motions in limine) but including pre-trial briefs, by December 14, 2012. The Court shall hold the final pre-trial conference on December 14, 2012 at 11:00 a.m. or such other date as the Court may set. (Signed by Judge William H. Pauley, III on 4/18/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP -THK(mro) (Main Document 941 replaced on 4/19/2012) (mro). (Entered: 04/19/2012)
ORDER: The Court received the attached Objection to the Proposed Settlement dated April 5, 2012. By this Order, this Court dockets the attached and forwards it to the parties. (Signed by Judge William H. Pauley, III on 4/18/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(mro) (Entered: 04/19/2012)
Letter addressed to US District Court for the SDNY from Glorajean Beardall dated 2/25/12 re: Objection to Settlement. Document filed by Glorajean Beardall. (mro) (Entered: 04/18/2012)
PETITION for Service awards. Document filed by Robert Ross, Randal Wachsmuth.Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(ft) (Entered: 04/16/2012)
MEMORANDUM OF LAW in Support re: (226 in 1:04-cv-05723-WHP) MOTION Final Approval of the Allocation Plan. Document filed by Robert Ross, Randal Wachsmuth. Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(ft) (Entered: 04/09/2012)
MEMORANDUM OF LAW in Support re: (229 in 1:04-cv-05723-WHP) MOTION for Attorney Fees. Document filed by Robert Ross, Randal Wachsmuth. Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(ft) (Entered: 04/09/2012)
MOTION for an Award of Attorney Fees and Expenses. Document filed by Robert Ross, Randal Wachsmuth.Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(ft) (Entered: 04/09/2012)
AFFIDAVIT of Edward J. Radetich, Jr., C.P.A. Regarding Claims Administration. Document filed by Robert Ross, Randal Wachsmuth. Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(ft) (Entered: 04/09/2012)
AFFIDAVIT of Ronald A. Bertino, C.P.A. Confirming Dissemination of Notice to Class Members. Document filed by Robert Ross, Randal Wachsmuth. Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(ft) (Entered: 04/09/2012)
MOTION for Final Approval of the Allocation Plan. Document filed by Robert Ross, Randal Wachsmuth.Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(ft) (Entered: 04/09/2012)
DECLARATION of Merrill G. Davidoff in Support re: (221 in 1:04-cv-05723-WHP) MOTION to Approve the Settlement. Document filed by Robert Ross, Randal Wachsmuth. Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(ft) (Entered: 04/04/2012)
COMPENDIUM of Class Counsel's Lodestar and Expenses Declarations. Document filed by Robert Ross, Randal Wachsmuth. Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(ft) (Entered: 04/04/2012)
DECLARATION of Jeffrey Kabacinski in Support of Plaintiffs' Motion for Final Approval of the Settlement in Support re: (221 in 1:04-cv-05723-WHP) MOTION to Approve the Settlement. Document filed by Robert Ross, Randal Wachsmuth. Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(ft) (Entered: 04/04/2012)
MEMORANDUM OF LAW in Support re: (221 in 1:04-cv-05723-WHP) MOTION to Approve the Settlement. Document filed by Robert Ross, Randal Wachsmuth. Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(ft) (Entered: 04/04/2012)
MOTION for Final Approval of the Settlement. Document filed by Robert Ross, Randal Wachsmuth.Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(ft) (Entered: 04/04/2012)
ENDORSED LETTER: addressed to Judge William H. Pauley from Merrill G. Davidoff dated 4/3/2012 re: Accordingly, Plaintiffs and defendants jointly and respectfully request that the Court grant all parties an additional week to report back to the Court. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge William H. Pauley, III on 4/4/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP -THK(js) (Entered: 04/04/2012)
AFFIDAVIT of Edward J. Radetich, Jr., C.P.A. Regarding Claims Administration. Document filed by Robert Ross, Randal Wachsmuth. Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(ft) (Entered: 04/02/2012)
AFFIDAVIT of Ronald A. Bertino, C.P.A. Confirming Dissemination of Notice to Class Members. Document filed by Robert Ross, Randal Wachsmuth. Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(ft) (Entered: 04/02/2012)
COMPENDIUM of Class Counsel's Lodestar and Expenses Declarations. Document filed by Robert Ross and Randal Wachsmuth. Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(ft) (Entered: 04/02/2012)
DECLARATION of Jeffrey Kabacinski in Support of Plaintiffs' Motion for Final Approval of the Settlement. Document filed by Robert Ross and Randal Wachsmuth. Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(ft) (Entered: 04/02/2012)
DECLARATION of Merrill G. Davidoff in Support of Plaintiffs' Motions for Final Approval of the Settlement and for an Award of Attorneys' Fees and Reimbursement of Expenses, and the Petition for Service Awards for the Representative Plaintiffs. Document filed by Robert Ross and Randal Wachsmuth. Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(ft) (Entered: 04/02/2012)
PROPOSED STIPULATION AND AGREEMENT OF SETTLEMENT WITH BANK OF AMERICA N.A. (USA) (N/K/A)FIA CARD SERVICES N.A.) AND BANK OF AMERICA N.A.: It is hereby stipulated and agreed by and among the undersigned, on behalf of the representatives Plaintiffs, the Settlement Class, and Bank of America, that the First Amended Class Action Complaint shall be dismissed on the merits and with prejudice as to Bank of America, upon entry of "Final Judgment and Order of Dismissal with Respect to Defendants Bank of America, N.A. (USA) (n/k/a) FIA Card Services, N.A.), Bank of America, N.A., JPMorgan Chase and Co., Chase Bank USA, N.A., Capital One Bank (USA), N.A., Capital One Bank, N.A. HSBC Finance Corporation and HSBC Bank Nevada, N.A., "and the First Amended Class Action Complaint in its entirety shall be finally and fully compromised and settled as to Bank of America, subject to the approval of the Court as required by Rule 23 of the Federal Rules of Civil Procedure, on the following terms and conditionsFiled In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP -THK(js) (Entered: 03/16/2012)
PROPOSED STIPULATION AND SETTLEMENT AGREEMENT WITH CAPITAL ONE BANK (USA)N.A. AND CAPITAL ONE N.A.: It is hereby stipulated and agreed by and among the undersigned, on behalf of the Representative Plaintiffs, the Settlement Class, and Capital One, that the First Amended Class Action Complaint shall be dismissed on the merits and with prejudice as to Capital One, upon entry of "Final Judgment and Order of Dismissal with Respect to defendants Bank of America N.A. (USA) (n/k/a FIA Card Services, N.A.), Bank of America N.A., JPMorgan Chase and Co., Chase Bank USA, N.A Capital One Bank (USA), N.A., Capital One Bank N.A., HSBC Finance Corporation, and HSBC Bank Nevada, N.A.', and the First Amended Class Action Complaint in its entirety shall be finally and fully compromised and settled as to Bank of America, subject to the approval of the Court as required by Rule Rule 23 of the Federal Rules of Civil Procedure, on the following terms and conditions as set forth in this Stipulation.Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP -THK(js) Modified on 3/16/2012 (js). (Entered: 03/16/2012)
NOTICE of Of Filing of Proposed Allocation Plan, filed by plaintiffs. Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(cd) (Entered: 03/13/2012)
ORDER denying (201) Motion for an Interlocutory appeal in case 1:04-cv-05723-WHP. For the reasons stated on the record during a telephone conference on March 6, 2012, American Express Company, American Express Travel Related Services, Inc., and American Express Centurion Bank's motion for certification of an interlocutory appeal is denied. The Clerk of the Court is directed to terminate the motion pending at ECF No. 201. (Signed by Judge William H. Pauley, III on 3/6/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(tro) (Entered: 03/07/2012)
SCHEDULING ORDER: Trial in the remaining matters is scheduled to begin on January 7, 2013 at 9:30 a.m. The parties shall submit a proposed case management schedule, or competing proposals, by April 4, 2012; the case management schedule should include dates for (1) submission of a joint pretrial order in accord with this Court's Individual Practices, (2) briefing of any motions in limine, (3) final pretrial conference on a Friday, and (4) any other matters the parties wish to include. Plaintiffs shall file their motion for an advisory jury by April 12, 2012. Opposition to Plaintiffs motion is due by May 3, 2012. Any reply is due May 14, 2012. Oral argument will be heard on June 4, 2012 at 2:00 p.m. (Motions due by 4/12/2012. Responses due by 5/3/2012, Replies due by 5/14/2012. Oral Argument set for 6/4/2012 at 02:00 PM before Judge William H. Pauley III. Bench Trial set for 1/7/2013 at 09:30 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 3/6/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP -THK, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(tro) (Main Document 916 replaced on 3/8/2012) (tro). Modified on 3/8/2012 (tro). Modified on 3/8/2012 (tro). (Entered: 03/07/2012)
ENDORSED LETTER addressed to Judge William H. Pauley, III from Merrill G. Davidoff dated 2/29/12 re: Counsel writes to request a postponement of the conference currently scheduled for 3/2/12. ENDORSEMENT: Application granted. The parties are directed to participate in a telephone conference with the Court on March 6, 2012 at 2:00 p.m. Plaintiffs are directed to circulate a call in number prior to the conference. ( Telephone Conference set for 3/6/2012 at 02:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 3/2/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP -THK(mro) (Entered: 03/02/2012)
ORDER: Case Management Conference set for 3/2/2012 at 11:00 AM before Judge William H. Pauley III. Counsel should be prepared to discuss the consolidation of these cases for trial and a trial schedule. (Signed by Judge William H. Pauley, III on 2/10/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP -THK, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP (ab) (Entered: 02/10/2012)
MEMORANDUM AND ORDER: For the foregoing reasons, Defendants' motions for summary judgment are denied. Plaintiffs' motion for summary judgment dismissing Citigroup's sixth affirmative defense is granted, and Plaintiffs' motion for partial summary judgment against Discover regarding the absence of pro-competitive justification is denied.The Clerk of Court is directed to terminate the motions pending at ECF Nos. 301, 307, 311, and 312. (Signed by Judge William H. Pauley, III on 2/8/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP -THK(js) (Entered: 02/08/2012)
Letter addressed to Judge William H. Pauley, III from Robert L. Bowlin dated 10/27/2011 re: Counsel writes to inquire when the settlement funds will be distributed to cliamants. (jfe) (Entered: 01/17/2012)
ORDER: This Court received the attached letter dated January 5, 2012, from Albert R. Males claiming that his distribution check for $18.04 "bounced." Plaintiffs' counsel is directed to make immediate inquiry of The Huntington National Bank and provide an explanation to this Court forthwith. (Signed by Judge William H. Pauley, III on 1/9/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP -THK, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP. Copies Mailed By Chambers. (ab) (Entered: 01/09/2012)
ORDER: Plaintiffs request a pre-motion conference in order to move for consolidation for trial of the remaining MDL No. 1409 matters. Plaintiffs' application is denied without prejudice as premature. Any party may renew the request after this Court has issued its rulings on the parties' motions for summary judgment in the Bank of America action and Defendants' motion to certify an interlocutory appeal in the Amex action. (Signed by Judge William H. Pauley, III on 1/9/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv- 07116-WHP -THK, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP. (ab) (Entered: 01/09/2012)
ORDER PRELIMINARY APPROVING CLASS ACTION SETTLEMENT AS TO DEFENDANT NATIONAL ARBITRATION FORUM, INC.: The Settlement Agreement and the definitions of the capitalized words and terms contained therein, lodged with the Chambers on 5/19/2010, is incorporated by reference in this Order. The terms of this Court's 10/6/2009, order certifying the Settlement Class are incorporated by referenced into this Order. The Court preliminarily approves the Settlement Agreement, and the settlement contemplated thereby, as being a fair, reasonable and adequate settlement as to all members of the Settlement Class within the meaning of Rule 23 of the Federal Rules of Civil Procedure, approves the establishment and funding of a fund for the Notice Plan (attached at Exhibit 1), and directs the Plaintiffs and the NAF to proceed with said settlement pursuant to the terms and conditions of the Settlement Agreement and exhibit thereto, subject to this Court's authority to determine whether to finally approve said settlement. On or before 12/20/2011, the NAF shall advance $125,000.00 into an escrow account to cover the costs of notice (including administration), in the amounts set forth in Section 5 of the Settlement Agreement. The Court hereby approves the payment of up to $125,000.00 for the payment of notice costs (including administration) and such funds shall be made immediately available to Plaintiffs' Co-Lead Counsel for such purposes only, subject to Plaintiffs' and Plaintiffs' Co-Lead Counsel's compliance with the terms of the Notice Plan. All further proceedings in the Litigation as to the NAF is ordered stayed until final approval or termination of the Settlement Agreement. Any responses to objections shall be filed on or before 3/30/2012. The Court hereby scheduled a hearing on entry of a Final Judgment and Order of Dismissal as to the NAF for 4/27/2012, at 12:00 noon eastern in Courtroom 11D at the Daniel Patrick Moynihan United States Courthouse for the Southern District of New York, 500 Pear Street, New York, New York 10007.(Status Conference set for 4/27/2012 at 12:00 PM in Courtroom 11D at the Daniel Patrick Moynihan United States Courthouse for the Southern District of New York, 500 Pearl Street, New York, NY 10007 before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 12/13/2011) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP -THK(ft) (Entered: 12/13/2011)
SCHEDULING ORDER:This Court will hold a telephone conference on December 12, 2011, at 2:00 p.m. regarding Plaintiffs' motion for preliminary approval of class action settlement with the National Arbitration Forum. The parties should organize the call through a conference call operator and provide the Court with dial-in information. (Signed by Judge William H. Pauley, III on 12/9/2011) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP -THK(mro) Modified on 12/13/2011 (mro). (Entered: 12/12/2011)
AFFIDAVIT OF RONALD A. BERTINO, CPA REGARDING THE COSTS OF ADMINISTRATION THROUGH SEPTEMBER 30, 2011. Relates to All Actions. (rjm) (Entered: 11/30/2011)
PLAINTIFFS' CO-LEAD COUNSEL AND CLAIMS ADMINISTRATOR REPORT REGARDING THE COST OF SETTLEMENT NOTICE AND ADMINISTRATIVE COSTS. Third Quarter 2011. Relates to All Actions. (rjm) (Entered: 11/30/2011)
MANDATE of USCA (Certified Copy) as to 431 Notice of Appeal, filed by Citibank (SD), N.A., Citicorp Diners Club, Universal Bank, N.A., Universal Financial Corp., Citigroup, Inc., 322 Notice of Interlocutory Appeal,, filed by Michael H. Oshry, Robert Ross, Julie Finkelman, Ester Grace Javier, Caran Ruga, Diane Lynch, Howard Steinlauf, Robert L. Donald, Randal Wachsmuth, Pamela Geller Oshry, S. Byron Balbach, Jr., Cherie R. Donald, Gilbert Schrank, Herve Senequier, Tim Lynch, Inducon Park Associates, Inc., Jeanne H. Balbach, Joshua Rubin, Andrea Kune, Camille Laplaca-Post, Leslie Cooper, Jonathan Lipner, 318 Notice of Appeal, filed by JP Morgan Chase & Co., Chase Manhattan Bank, USA, N.A., JP Morgan Chase Bank, 317 Notice of Appeal,, filed by Citicorp Diners Club, Universal Bank, N.A., Citibank (SD), N.A., Universal Financial Corp., Citigroup, Inc. USCA Case Number 05-1869-cv(L), 05-1871-cv(con), 05-2066-cv(xap)....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 11/17/2011. (nd) (Entered: 11/18/2011)
MANDATE of USCA (Certified Copy) as to 431 Notice of Appeal, filed by Citibank (SD), N.A., Citicorp Diners Club, Universal Bank, N.A., Universal Financial Corp., Citigroup, Inc. USCA Case Number 06-0091-cv and 06-0372-cv(xap)....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 11/10/2011. (nd) (Entered: 11/14/2011)
ORDER DIRECTING NOTICE TO THE DAMAGES CLASS: This Court having reviewed Plaintiffs' Unopposed Motion to Distribute Notice to the Damages Class, the Notice Plan, the forms of notice, and all supporting declarations, exhibits, memoranda of law and other papers and arguments submitted with respect thereto, and upon consideration of all prior proceedings in this matter and the related matter, In re Currency Conversion Fee Antitrust Litig. ("CCF I"), MDL No. 1409, Master File No. M21-95 (S.D.N.Y.) (Pauley, J.), it is hereby ORDERED that Plaintiffs' Motion is GRANTED as set forth in this order. (Signed by Judge William H. Pauley, III on 10/26/2011) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP Copies Sent By Chambers. (lmb) (Entered: 10/26/2011)
ENDORSED LETTER addressed to Judge William H. Pauley from Merrill G. Davidoff dated 10/12/11 re: Counsel writes for a possible rescheduling of the summary judgment argument for early afternoon on 11/8. ENDORSEMENT: Oral argument is rescheduled for November 7, 2011 at 4:00 pm. ( Oral Argument set for 11/7/2011 at 04:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 10/17/2011) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP -THK(mro) Modified on 10/19/2011 (mro). (Entered: 10/18/2011)
ORDER APPROVING DISTRIBUTION OF THE NET SETTLEMENT FUND granting (898) MOTION TO APPROVE DISTRIBUTION OF THE NET SETTLEMENT FUND IN ACCORDANCE WITH THE AFFIDAVIT OF EDWARD J. RADETICH, JR., C.P.A. REGARDING CLAIMS ADMINISTRATION in case 1:01-md-01409-WHP. Plaintiffs' motion is granted. The Court approves the proposed allocation of the "net settlement fund" in accordance with the Court-approved Revised Plan of Administration and Distribution (ECF No. 528, Ex. 8), as set forth by the Claims Administrator (Heffler, Radetich & Saitta LLP) in the Radetich Affidavit. The net settlement fund (approximately $275,600,000.00) consists of all funds remaining after payment of the October 22, 2009 (ECF No. 755) awards to the named Plaintiffs ($83,500.00), and awards of attorneys' fees ($51,250,000.00), plus the awarded interest of $47,325.89 (capped as of June 30, 2011) and expenses ($3,708,072.00), and the costs associated with distributing the refund checks ($4,981,582.11 ). Accordingly, the Court authorizes payment of all valid claims from the monies remaining in the net settlement fund for disbursement to the valid claimants, as set forth in the Radetich Affidavit and accompanying exhibits. (Signed by Judge William H. Pauley, III on 10/5/2011) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP -THK, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP (ft) (Entered: 10/05/2011)
ORDER TRANSFERING THE SETTLEMENT FUNDS TO HUNTINGTON NATIONAL BANK AND AUTHORIZING PAYMENT OF COSTS ASSOCIATED WITH DISTRIBUTION OF THE SETTLEMENT granting (897) MOTION TO APPROVE TRANSFER OF THE SETTLEMENT FUNDS TO THE HUNTINGTON NATIONAL BANK AND THE PAYMENT OF COSTS ASSOCIATED WITH THE DISTRIBUTION OF SETTLEMENT in case 1:01-md-01409-WHP. Plaintiffs' motion is granted. The Court hereby appoints The Huntington National Bank ("Huntington Bank") to assist with the issuance of refund checks to valid claimants and to manage the settlement fund, consistent with the pricing and terms set forth in the Radetich Affidavit, at G.21-22. The Court Registry Investment System ("CRIS") cannot handle the anticipated volume of transactions. The Clerk of the Court is authorized and directed to draw a check (or multiple checks with a combined total) in the amount of the combined total funds held in CRIS from the following two accounts: (1) the Principal Settlement Fund (CRIS account no. 07-cc-0001-1); and (2) the Notice and Cost Administration Fund (CRIS account no. 07-cc-0001-2) The check(s) should be made payable to: "Foreign Currency Fee Litigation Settlement Fund." Copy forwarded to the Finance Unit via interoffice envelope on 10/5/2011. (Signed by Judge William H. Pauley, III on 10/5/2011) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP -THK, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP (ft) (Entered: 10/05/2011)
MOTION TO FILE UNDER SEAL EXHIBITS K, L, M AND N TO THE AFFIDAVIT OF EDWARD J. RADETICH, JR., C.P.A. REGARDING CLAIMS ADMINISTRATION. Relates to All Actions. (rjm) (Entered: 09/20/2011)
PLAINTIFFS' MOTION TO APPROVE DISTRIBUTION OF THE NET SETTLEMENT FUND IN ACCORDANCE WITH THE AFFIDAVIT OF EDWARD J. RADETICH, JR., C.P.A. REGARDING CLAIMS ADMINISTRATION. Proposed Order attached. Relates to All Actions. (rjm) Modified on 9/20/2011 (rjm). (Entered: 09/20/2011)
PLAINTIFFS' MOTION TO APPROVE TRANSFER OF THE SETTLEMENT FUNDS TO THE HUNTINGTON NATIONAL BANK AND THE PAYMENT OF COSTS ASSOCIATED WITH THE DISTRIBUTION OF SETTLEMENT. Proposed Order attached. Relates to All Actions. (rjm) (Entered: 09/20/2011)
ORDER: It is ordered that pursuant to Paragraph 3(f) of the Stipulation and Agreement of Settlement preliminarily approved by this Court on November 8, 2006 and this Court's October 22, 2007 Amended Order,the Clerk of the Court is directed to draw a check from the Principal Settlement Fund, designated as account no. 07-cc-0001-1 with the Court Registry Investment System ("CRIS"), made payable to the Claims Administrator, and to send the check by overnight mail, no later than Friday,August 12, 2011, to Co-Lead Counsel Berger & Montague, P.C., c/o Merrill G. Davidoff, Esq., 1622 Locust Street, Philadelphia, PA 19103, for distribution to this payee. The disbursement from the CRIS Principal Settlement Fund shall be made in the amount of $19,119.67 made payable to Heffler Radetich & Saitta, LLP (Claims Administrator). (Signed by Judge William H. Pauley, III on 9/9/11) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP -THK, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(js) (Entered: 09/12/2011)
ENDORSED LETTER addressed to Judge William H. Pauley, III from Merrill G. Davidoff dated 9/6/2011 re: Plaintiffs' counsel requests that the Court consider and approve Mr. Berg's application to reconsider the denial of his late filed claim. ENDORSEMENT: Application granted. Mr. Berg's claim is deemed timely and he is eligible to participate in the settlement claim process. (Signed by Judge William H. Pauley, III on 9/6/2011) (tro) Modified on 9/7/2011 (tro). (Entered: 09/07/2011)
ENDORSED LETTER addressed to Judge William H. Pauley III from Merrill G. Davidoff dated 8/2/2011 re: Counsel for the Plaintiff writes to request permission to submit a motion to transfer the settlement funds from the Court Registry Investment System, to the Huntington National Bank. ENDORSEMENT: The parties are directed to appear for a conference regarding all settlement and distribution matters on 9/8/2011 at 10:45 AM. (Settlement Conference set for 9/8/2011 at 10:45 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 8/22/2011) (ab) (Entered: 08/22/2011)
SCHEDULING ORDER: The oral argument scheduled for 9/9/2011 is rescheduled for 11/8/2011 at 4:30 p.m. (Oral Argument set for 11/8/2011 at 04:30 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 8/19/2011) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP -THK(tro) (Entered: 08/22/2011)
AFFIDAVIT of RONALD A. BERTINO, CPA REGARDING THE COSTS OF ADMINISTRATION THROUGH JUNE 30, 2011. This Document Relates to All Actions. (rjm) (Entered: 08/01/2011)
PLAINTIFFS' CO-LEAD COUNSEL AND CLAIMS ADMINISTRATOR REPORT REGARDING THE COST OF SETTLEMENT NOTICE AND ADMINISTRATIVE COSTS AND MOTION to Approve Settlement Notice and Administration Costs. Second Quarter. This Document Relates to All Actions. (rjm) (Entered: 08/01/2011)
ORDER that all pending appeals in this action have been dismissed. Accordingly, the Clerk of Court is directed to release the appeals bonds posted in this action as follows, see document for the three bonds being released. (Signed by Judge William H. Pauley, III on 7/7/11) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP -THK, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(cd) (Entered: 07/13/2011)
ENDORSED LETTER addressed to Judge William H Pauley from Theodore Scarborough dated 7/6/11 re: Request for the following briefing schedule re summary judgment motions. ENDORSEMENT: The briefing schedule on p. 2 is adopted. Responses due by 7/12/2011 (served by 7/11/110 Replies due by 8/18/2011 (served by 8/17/11). (Signed by Judge William H. Pauley, III on 7/8/11) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP -THK(cd) (Entered: 07/13/2011)
ENDORSED LETTER addressed to Judge William H. Pauley, III from Brian Barry dated 6/18/11 re: I request that a pre-motion conference be held, or I be allowed to file a motion. ENDORSEMENT: Application denied. Motion practice on these issues is premature. So ordered. (Signed by Judge William H. Pauley, III on 6/28/11) (rjm) (Entered: 06/29/2011)
SCHEDULING ORDER: The parties shall serve and file any motions in limine by March 22, 2012. The parties shall serve and file their oppositions by April 5, 2012. The parties shall serve and file any replies April12, 2012. The parties shall submit a joint pre-trial order in accordance with this Court Individual Practices by April6, 2012. This Court will hold a final pre-trial conference on April 20, 2012 at 12:00 p.m. This Court will begin jury selection for trial on May 7, 2012. (Signed by Judge William H. Pauley, III on 6/24/2011) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(jfe) (Entered: 06/27/2011)
ORDER: This Court has reviewed the stipulation between Plaintiffs Jessica Baker and Herbert Berger, on the one hand, and defendants Visa U.S.A. Inc. and Visa International Service Association, on the other hand, pursuant to Federal Rules of Civil Procedure, Rule 41(a)(2), and good cause appearing, hereby enters this Order unconditionally dismissing with prejudice Plaintiffs' individual claims as to all defendants and unconditionally dismissing with prejudice the claims of the putative class in Baker, et al v. Visa International Corp. et al, Docket No. 06- cv-15447. (Signed by Judge William H. Pauley, III on 6/6/2011) Filed In Associated Cases: 1:01-md-01409-WHP, 1:06-cv-15447-WHP(jpo) (Entered: 06/07/2011)
PLAINTIFFS' STATEMENT OF MATERIAL FACTS PURSUANT TO LOCAL CIVIL RULE 56.1 in support of Plaintiffs' Motion for Summary Judgment on the Citi Defendants' Sixth Defense. Document filed by Woodrow Clark, Matthew Grabell, Paul Impellezzeri, Andrea Kune, Richard Mandell, Robert Ross, Herve Senequier, Jessica Baker. Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP -THK(pl) (Entered: 05/13/2011)
EXHIBITS TO THE DECLARATION of Kevin C. Aldridge in Support re: (312 in 1:05-cv-07116-WHP -THK) MOTION for Summary Judgment w/ attch. Volume II Volume II (Exhibits 13-32). Document filed by S. Byron Balbach, Jr, Woodrow Clark, Matthew Grabell, Paul Impellezzeri, Andrea Kune, Richard Mandell, Robert Ross, Herve Senequier. Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP -THK(pl) (Entered: 05/13/2011)
EXHIBITS TO THE DECLARATION of Kevin C. Aldridge in Support re: (312 in 1:05-cv-07116-WHP -THK) MOTION for Summary Judgment w/ attch. Volume I (Exhibits 1-12). Document filed by S. Byron Balbach, Jr, Woodrow Clark, Matthew Grabell, Paul Impellezzeri, Andrea Kune, Richard Mandell, Robert Ross, Herve Senequier, Jessica Baker, Jeanne H. Balbach. Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP -THK(pl) (Entered: 05/13/2011)
MEMORANDUM OF LAW in Support re: (312 in 1:05-cv-07116-WHP -THK) MOTION for Summary Judgment. Document filed by Citibank (South Dakota), N.A., Citibank USA, N.A., Citicorp Diners Club, Inc., Citigroup, Inc.. Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP -THK(pl) (Entered: 05/13/2011)
NOTICE OF MOTION for Summary Judgment on the Citi Defendants' Sixth Defense, w/ attch. Document filed by Citibank (South Dakota), N.A., Citibank USA, N.A., Citicorp Diners Club, Inc., Citigroup, Inc. Return Date set for 9/9/2011 at 11:30 AM.Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP -THK(pl) Modified on 5/13/2011 (pl). (Entered: 05/13/2011)
NOTICE OF MOTION for Summary Judgment against the Discovery Defendants as to the absence of Pro-Competitive justification. Document filed by Citibank (South Dakota), N.A., Citibank USA, N.A., Citicorp Diners Club, Inc., Citigroup, Inc., Discover Bank.Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP -THK(pl) (Entered: 05/13/2011)
NOTICE OF MOTION TO FILE UNDER SEAL re: The Memorandum of Law and supporting papers to Plaintiffs motion for summary judgment against the Discovery Defendants as to the absence of Pro-competitive justification. Document filed by S. Byron Balbach, Jr, Woodrow Clark, Matthew Grabell, Paul Impellezzeri, Andrea Kune, Richard Mandell, Robert Ross, Herve Senequier, Jessica Baker, Jeanne H. Balbach, Herbert Berger, Gary Brandeis, Keith Brown, Joseph C. Chatham, Leslie Cooper, Cherie R. Donald, Robert L. Donald, Elizabeth A. Fischer, Jennifer Herbst, Inducon Park Associates, Inc., Ester Grace Javier, Robert R. La Place, Christopher G. LaMarca, Camille Laplaca-Post, Jonathan Lipner, Charles Matthews, Pamela Geller Oshry, Eleanor Mason Ramsey, Phil Salvagio, Gilbert Schrank, Jeffrey Silberman, Howard Steinlauf, Randal Wachsmuth, Rochelle Waldman, Donald E. Wood. Return Date set for 9/9/2011 at 11:30 AM.Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP -THK(pl) (Entered: 05/13/2011)
AFFIDAVIT of RONALD A. BERTINO, CPA REGARDING THE COSTS OF ADMINISTRATION THROUGH MARCH 31, 2011 re: 876 MOTION to Approve SETTLEMENT NOTICE AND ADMINISTRATION COSTS. This Document Relates to All Actions. (rjm) (Entered: 05/13/2011)
PLAINTIFFS' CO-LEAD COUNSEL AND CLAIMS ADMINISTRATOR REPORT REGARDING THE COST OF SETTLEMENT NOTICE AND ADMINISTRATIVE COSTS AND MOTION FOR APPROVAL OF SETTLEMENT NOTICE AND ADMINISTRATION COSTS (First Quarter 2011). This Document Relates to All Actions. Proposed Order attached. (rjm). (Entered: 05/13/2011)
ORDER that, pursuant to Paragraph 3(f) of the Stipulation and Agreement of Settlement preliminarily approved by this Court on November 8, 2006 and this Court's October 22, 2007 Amended Order, the Clerk of the Court is directed to draw a check from the Principal Settlement Fund, designated as account no. 07-cc-0001-1 with the Court Registry Investment System ("CRIS"), made payable to the Claims Administrator, and to send the check by overnight mail, no later than Friday, May 27, 2011, to Co-Lead Counsel Berger & Montague, P.C., c/o Merrill G. Davidoff, Esq., 1622 Locust Street, Philadelphia, PA 19103, for distribution to these payees. The disbursement from the CRIS Principal Settlement Fund shall be for the amount of $22,706.76 made payable to Heffler Radetich & Saitta, LLP (Claims Administrator). (Signed by Judge William H. Pauley, III on 5/12/11) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP -THK, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(jmi) (Entered: 05/13/2011)
MANDATE of USCA (Certified Copy) as to 822 Notice of Appeal filed by Bernard Bildstein USCA Case Number 10-1145(con)....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/11/2011. (nd) (Entered: 05/11/2011)
MANDATE of USCA (Certified Copy) as to 474 Notice of Appeal, filed by Bernard Bildstein USCA Case Number 06-5327-cv....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/10/2011. (nd) (Entered: 05/10/2011)
PLAINTIFFS' REPLY to Objector Bildstein's Opposition to Stipulated Motion for Release of Settling Appellants' Cash Bond and Reaffirmation of this Court's March 5, 2010 Bond Offer. Document filed by Jessica Baker, Jeanne H. Balbach, S. Byron Balbach, Jr, Herbert Berger, Woodrow Clark, Leslie Cooper, Cherie R. Donald, Robert L. Donald, Julie Finkelman, Matthew Grabell, Jennifer Herbst, Paul Impellezzeri, Inducon Park Associates, Inc., Ester Grace Javier, Andrea Kune, Camille Laplaca-Post, Jonathan Lipner, Diane Lynch, Tim Lynch, Richard Mandell, Michael H. Oshry, Pamela Geller Oshry, Robert Ross, Joshua Rubin, Caran Ruga, Gilbert Schrank, Howard Steinlauf, Randal Wachsmuth. (tro) Related to All Cases. (Entered: 04/18/2011)
RESPONSE to Bildstein's Opposition to Stipulated Motion for Release of Settling Appellants' Cash Bond and Reaffirmation of this Court's March 5, 2010 Bond Order. Relates to All Cases. (tro) (Entered: 04/18/2011)
MOTION FOR RELEASE OF THE ERNSBERGER APPELLANTS' CASH BOND. The Ernsberger Appellants move this Court for an Order releasing the cash bond presently with the Clerk's Office. Filed by The Ernsberger Appellants. Relates to All Cases. (rjm) Modified on 4/14/2011 (rjm). (Entered: 04/14/2011)
AFFIDAVIT of Irving Bizar in Opposition to Motion to Stipulation for Release of Settling Appellants' Cash Bond and Reaffirmation of this Court's March 5, 2010 Bond Order. Filed In Associated Cases (This Document Relates to All Actions): 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP -THK, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(tro) (Entered: 04/06/2011)
MANDATE of USCA (Certified Copy) as to 818 Notice of Appeal,, filed by Rosalie Borgardts, Lawrence E. Schneider, Leonard Nelson, Milton Fontenot, Ernest J. Browne USCA Case Number 10-1060. Ordered that the appeal is DISMISSED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 04/01/2011. (nd) (Entered: 04/01/2011)
MEMORANDUM AND ORDER: for the foregoing reasons, Defendants American Express Company's, American Express Travel Related Services' and American Express Centurion motion for summary judgment is denied. The Clerk of the Court is directed is directed to terminate the motions pending at Docket Nos. 154 and 155. So Ordered. (Signed by Judge William H. Pauley, III on 3/29/2011) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(js) (Entered: 03/29/2011)
MANDATE of USCA (Certified Copy) as to 776 Notice of Appeal filed by Jane B. Selfe, Edward M. Selfe, 775 Notice of Appeal,, filed by Patricia Tomlinson, Kathleen McWhorter, William McWhorter USCA Case Number 09-5053-cv(con), 09-5060-cv....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 03/25/2011. (nd) (Entered: 03/28/2011)
MANDATE of USCA (Certified Copy) as to 772 Notice of Appeal,, filed by Marion R. Murray, Joel Shapiro, David T. Murray USCA Case Number 09-4937-cv..It is hereby ORDERED that the motion by Appellants Thomas Carder, Judy Sargeant, Dylan Whisenhunt and Gloria Whisenhunt to withdraw their appeals are GRANTED with prejudice. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 03/25/2011. (nd) (Entered: 03/28/2011)
MANDATE of USCA (Certified Copy) as to 822 Notice of Appeal filed by Bernard Bildstein, 814 Notice of Appeal,,, filed by Patricia Tomlinson, Jessica Bishop, Marion R. Murray, Thomas Carden, Kathleen McWhorter, Gloria E. Whisenhunt, David T. Murray, Joel Shapiro, William McWhorter, Judy Sargeant, Anne Cochran, Dylan L. Whisenhunt USCA Case Number 10-0960, 10-2240....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 03/24/2011. (nd) (Entered: 03/24/2011)
ORDER. It is ORDERED that, pursuant to Paragraph 3(f) of the Stipulation and Agreement of Settlement preliminarily approved by this Court on November 8, 2006 and this Court's October 22, 2007 Amended Order, the Clerk of the Court is directed to draw checks from the Principal Settlement Fund, designated as account no. 07-cc-0001-1 with the Court Registry Investment System ("CRIS"), made payable to the Claims Administrator and ARPC, and to send the checks by overnight mail, no later than Friday, February 23, 2011, to Co-Lead Counsel Berger & Montague, P.C., c/o Merrill G. Davidoff, Esq., 1622 Locust Street, Philadelphia, PA 19103, for distribution to these payees. The disbursement from the CRIS Principal Settlement Fund shall be made for the following amounts and payees: (i) the amount of $18,243.58 made payable to Heffler Radetich & Saitta, LLP (Claims Administrator); and (ii) the amount of $22,657.60 made payable to Analysis Research Planning Corporation. (Signed by Judge William H. Pauley, III on 2/17/2011) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP -THK, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP Copies Sent By Chambers. (rjm) (Entered: 02/17/2011)
AFFIDAVIT OF RONALD A. BERTINO, CPA REGARDING THE COSTS OF ADMINISTRATION THROUGH DECEMBER 31, 2010. This Document Relates to All Actions. (rjm) (Entered: 02/15/2011)
PLAINTIFFS' CO-LEAD COUNSEL AND CLAIMS ADMINISTRATOR REPORT REGARDING THE COST OF SETTLEMENT NOTICE AND ADMINISTRATIVE COSTS AND MOTION TO APPROVE SETTLEMENT NOTICE AND ADMINISTRATIVE COSTS. Fourth Quarter. This Document Relates to All Actions. (rjm) (Entered: 02/15/2011)
MANDATE of USCA (Certified Copy) as to 769 Notice of Appeal, filed by Priceline.Com, Inc. USCA Case Number 09-4846. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 1/6/2011. (tp) (Entered: 01/06/2011)
TRUE COPY ORDER of USCA as to 318 Notice of Appeal, filed by Chase Manhattan Bank, USA, N.A., JP Morgan Chase Bank, JP Morgan Chase & Co. USCA Case Number 05-1869-cv(L). 1. The undersigned parties stipulate that each of the above-captioned related appeals continue to be withdrawn from active consideration without prejudice. This stipulation is without prejudice to the parties` ability to submit a revised stipulation, or or prior to October 31, 2009, seeking an extension of the period that these appeals be withdrawn from active consideration with leave to reactivate. 2. If not timely reactivated by October 31, 2011, and no extension of the period that these appeals be withdrawn from active consideration is timely sought, the appeals shall be withdrawn (See Hertzner v. Henderson, 292 F.3d 302 (2d Cir. 2002)). 3. Withdrawal of the appeals from active consideration shall not operate as a dismissal of the appeals under FRAP 42(b). Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 12/21/2010. (nd) (Entered: 12/22/2010)
ORDER This Court having reviewed the Report Regarding the Cost of Settlement Notice and Administrative Costs and Motion for Approval of Settlement Notice and Administration Costs for the Third Quarter 2010 and the Affidavit of Ronald A. Bertino, CPA, it is ORDERED that, pursuant to Paragraph 3(f) of the Stipulation and Agreement of Settlement preliminarily approved by this Court on November 8,2006 and this Court's October 22, 2007 Amended Order, the Clerk of the Court is directed to draw checks from the Principal Settlement Fund, designated as account no. 07-cc-0001-1 with the Court Registry Investment System ("CRIS"), made payable to the Claims Administrator and the Special Master, and to send the checks by overnight mail, no later than Tuesday, November 9, 2010, to Co-Lead Counsel Berger & Montague, P.C., c/o Merrill G. Davidoff, Esq., 1622 Locust Street, Philadelphia, PA 19103, for distribution to these payees. The disbursements from the CRIS Principal Settlement Fund shall be made for the following amounts and payees: (i) the amount of $17,742.29 paid to Heffler Radetich & Saitta, LLP (Claims Administrator); and (ii) the amount of $10,518.86 paid to Francis E. McGovern (Special Master). SO ORDERED. (Signed by Judge William H. Pauley, III on 11/5/2010) Copies Sent By Chambers. (jmi) (Entered: 11/09/2010)
AFFIDAVIT OF RONALD A. BERTINO, CPA REGARDING THE COSTS OF ADMINISTRATION THROUGH SEPTEMBER 30, 2010. This Document Relates to All Actions. (rjm) (Entered: 10/27/2010)
PLAINTIFFS' CO-LEAD COUNSEL AND CLAIMS ADMINISTRATOR REPORT REGARDING THE COST OF SETTLEMENT NOTICE AND ADMINISTRATIVE COSTS AND MOTION FOR APPROVAL OF SETTLEMENT NOTICE AND ADMINISTRATION COSTS. Third Quarter 2010. This Document relates to All Actions. Proposed Order attached.(rjm) (Entered: 10/27/2010)
ORDER of USCA (Certified Copy) as to 776 Notice of Appeal filed by Jane B. Selfe, Edward M. Selfe, 772 Notice of Appeal,, filed by Marion R. Murray, Joel Shapiro, David T. Murray, 775 Notice of Appeal,, filed by Patricia Tomlinson, Kathleen McWhorter, William McWhorter, 474 Notice of Appeal, filed by Bernard Bildstein USCA Case Number 09-4937-cv(L), 09-5060-cv(con), 09-5053-cv(con), 06-5327-cv. The above-noted appeals are consolidated for thie purposes of this order. Appellees, through counsel, move to dismiss the appeals under09-4937-, 09-5060, 09-5053 and 06-5327 because Appellants have not paid the required $50,000 appeal bond. Upon due consideration, it is hereby ORDERED that the motions are GRANTED in part, and these appeals will be dismissed unless Appellants pay the appeal bond within 30 days of the entry of this Order. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 10/08/2010. (nd) (Entered: 10/12/2010)
STIPULATION AND ORDER REGARDING THE TREATMENT OF DEPOSITIONS IN IN RE CURRENCY CONVERSION ANTITRUST LITIGATION, Subject to the following conditions, plaintiffs and the non-settling defendants ("Defendants") in Ross, et al. v. Bank of America, N.A. (USA), et al. No. 05 Civ. 7116 (WHP) ("Ross v. Bank of America")(the "Parties"), stipulate and agree that the depositions, including the exhibits thereto, list in Appendix A ("Deposition(s)") hereto, which were taken in In re Currency Conversion Antitrust Litigation, MDL 1409, Master File No. 21-95 (S.D.N.Y.) ("Currency Conversion"), or Ross, et al. v. American Express Co., et al., No. 04-cv-5723 (WHP) (S.D.N.Y.) ("Ross v. American Express"), may be treated by the parties in Ross v. Bank of America as if they were depositions taken in Ross v. Bank of America. (Signed by Judge William H. Pauley, III on 08/23/2010) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP(ad) (Entered: 08/23/2010)
ORDER. It is ORDERED that, pursuant to Paragraph 3(f) of the Stipulation and Agreement of Settlement preliminarily approved by this Court on November 8, 2006 and this Court's October 22, 2007 Amended Order, the Clerk of the Court is directed to draw a check from the Principal Settlement Fund, designated as account no. 07-cc-0001-1 with the Court Registry Investment System ("CRIS"), made payable to the Claims Administrator, and to send the check by overnight mail, no later than Friday, August 13, 2010, to Co-Lead Counsel Berger & Montague, P.C., c/o Merrill G. Davidoff, Esq., 1622 Locust Street, Philadelphia, PA 19103, for distribution to this payee. The disbursement from the CRIS Principal Settlement Fund shall be made for the following amount and payee: the amount of $30,960.83 made payable to Heffler Radetich & Saitta, LLP (Claims Administrator). (Signed by Judge William H. Pauley, III on 8/6/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(rjm) (Entered: 08/09/2010)
PLAINTIFFS' CO-LEAD COUNSEL AND CLAIMS ADMINISTRATOR REPORT REGARDING THE COST OF SETTLEMENT NOTICE AND ADMINISTRATIVE COSTS AND MOTION FOR APPROVAL OF SETTLEMENT NOTICE AND ADMINISTRATION COSTS (Second Quarter 2010). This Document Relates to All Actions.(rjm) (Entered: 08/04/2010)
ORDER. Plaintiffs and Defendant National Arbitration Forum having notified this Court that they have reached a settlement in principle, the Clerk of the Court is directed to strike as moot Plaintiffs' Motion for Certification of a Class and Subclass dated November 2, 2009. (Signed by Judge William H. Pauley, III on 7/29/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 07/30/2010)
Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 769 Notice of Appeal,, filed by Priceline.Com, Inc. USCA Case Number 09-4846-cv, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (nd) (Entered: 07/29/2010)
JUDGMENT on Attorney Fees and Costs as to Defendants Bank of America, N.A. (USA) (N/K/A FIA card services, n.a.), Bank of America, N.A., JPMorgan Chase & Co., Chase Bank USA, N.A., Capital One Bank (USA), N.A., Capital One Bank, N.A., HSBC Finance Corporation, and HSBC Bank Nevada. (Signed by Judge William H. Pauley, III on 7/22/10) (Attachments: # 1 notice of right to appeal)Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(ml) (Entered: 07/26/2010)
FINAL JUDGMENT AND ORDER OF DISMISSAL with respect to Defendants Bank of America, N.A. (USA) (N/K/A FIA card services, n.a.), Bank of America, N.A., JPMorgan Chase & Co., Chase Bank USA, N.A., Capital One Bank (USA), N.A., Capital One Bank, N.A., HSBC Finance Corporation, and HSBC Bank Nevada. (Signed by Judge William H. Pauley, III on 7/22/10) (Attachments: # 1 notice of right to appeal)Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(ml) (Entered: 07/26/2010)
ENDORSED LETTER addressed to Judge William H. Pauley from Merrill G. Davidoff dated 7/19/10 re: With the Court's indulgence, Class Plaintiffs request that the dates in paragraphs 6, 7, 8 be adjourned sine die, pending a further prognosis for Dr. Tollison. ENDORSEMENT: Application granted in part. The deadlines in paragraphs 6, 7, and 8 of the Courts 6/18/10 Amended Scheduling Order are suspended as to Dr. Tollison only. Plaintiffs are directed to provide a status report as to Dr. Tollison and remaining expert discovery on 8/4/10.,(Expert Discovery due by 8/4/2010., Status Report due by 8/4/2010.) (Signed by Judge William H. Pauley, III on 7/23/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 07/26/2010)
ENDORSED LETTER addressed to Judge William H. Pauley, III from T. Robert Scarborough dated 6/29/10 re: Plaintiffs shall submit their brief by July 13, 2010; the Citibank Defendants and the Discover Defendants shall submit their response brief by August 3, 2010; and Plaintiffs shall submit their reply brief by August 17, 2010. Because this extension would affect the oral argument scheduled for August 12, 2010, at 11:00 a.m., the extension would necessitate rescheduling the oral argument. ENDORSEMENT: Application granted. Oral argument is rescheduled for 9/28/10 at 10:30 a.m., (Motions due by 7/13/2010., Replies due by 8/17/2010., Responses due by 8/3/2010, Oral Argument set for 9/28/2010 at 10:30 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 7/8/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 07/09/2010)
ENDORSED LETTER addressed to Judge William H. Pauley from David A. Langer dated 6/21/10 re: We write jointly on behalf of Plaintiffs, Citi and Discover to request a one week extension to the briefing schedule concerning privilege issues, as set forth in the June 9, 2010 Scheduling Order. ENDORSEMENT: Application granted. So ordered., (Motions due by 6/29/2010., Replies due by 8/3/2010., Responses due by 7/20/2010) (Signed by Judge William H. Pauley, III on 6/28/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 06/28/2010)
ORDER. For the reasons set forth on the record on June 18, 2010, this Court limits Plaintiffs' discovery requests as follows: (1) The Citi Defendants and the Discover Defendants are relieved of any further obligation to respond to requests numbers four and five of Plaintiffs' Second Set of Requests for the Production of Documents Addressed to All Defendants; and (2) The Discover Defendants are relieved of any further obligation to respond to requests numbers thirty-two and thirty-three of Plaintiffs' First Set of Requests for the Production of Documents Addressed to All Defendants, except to the extent that they request annual or multi-year business plans relating to the Discover Defendants' general purpose card operations from January 1, 1999 to December 31, 2006. (Signed by Judge William H. Pauley, III on 6/18/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 06/22/2010)
MANDATE of USCA (Certified Copy) as to 770 Notice of Appeal,, filed by Herbert Berger USCA Case Number 09-4938-cv(con). IT IS HEREBY ORDERED that Appellant Herbert Berger's motion to withdraw his appeal, docket number 09-4938-cv(con), is GRANTED. The appeal is dismissed with each party responsible for its own costs and fees. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 06/10/2010. (nd) (Entered: 06/10/2010)
SCHEDULING ORDER. 1. On or before June 11, 2010, Plaintiffs and the Non-Settling Bank Defendants, Citi and Discover, (collectively, the "Parties") shall each submit a letter addressing any outstanding issues concerning the discovery disputes set forth in the Parties' May 14, 2010 joint letter. 2. Discover shall submit any declaration concerning the discovery issues raised in the Parties' May 14, 2010 joint letter no later than June 4, 2010. Plaintiffs shall respond to any declaration submitted by Discover no later than June 11, 2010. 3. The Court shall hear oral argument on June 18, 2010, at 12:00 noon, concerning any outstanding discovery issues raised in the Parties' May 14, 2010 joint letter, as modified by their letters of June 11, 2010. 4. The Court sets the following briefing schedule to address issues concerning Citis and Discover's privilege assertions: (a) Plaintiffs shall submit their brief on or before June 22, 2010. (b) Citi and Discover shall submit their response brief on or before July 13, 2010. (c) Plaintiffs shall submit their reply brief on or before July 27, 2010. 5. The Court sets the following briefing schedule to address Citi's and Discover's issues (if any) concerning the sufficiency of Plaintiffs' document production: (a) Citi and Discover shall submit their brief on or before June 22, 2010. (b) Plaintiffs shall submit their response brief on or before July 13, 2010. (c) Citi and Discover shall submit their reply brief on or before July 27, 2010. 6. The Court shall hear oral argument on August 12, 2010, at l1:00am, concerning the issues briefed under the schedules set forth in paragraphs 4 and 5 above. 7. On or before June 29, 2010, the Parties shall submit a letter to the Court concerning any issues relating to the use of depositions (and their exhibits) from the related MDL 1409 matters. 8. The Court strikes the prior requirement, set forth in the Court's January 22, 2010 Scheduling Order, at paragraph 4, directing the Parties to submit, by May 28, 2010, a joint letter on the status of the litigation. Motions due by 6/22/2010. Responses due by 7/13/2010 Replies due by 7/27/2010. Oral Argument set for 6/18/2010 at 12:00 PM before Judge William H. Pauley III. Oral Argument set for 8/12/2010 at 11:00 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 6/9/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 06/10/2010)
MANDATE of USCA WITHDRAWING APPEAL (Certified Copy) as to 824 Notice of Appeal, filed by Herbert Berger USCA Case Number 10-1254-cv(Con). IT IS HEREBY ORDERED that Appellant Herbert Berbger's motion to withdraw his appeal, is GRANTED. The appeal is dismissed with each party responsible for its own costs and fees. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 06/07/2010. (nd) (Entered: 06/07/2010)
MANDATE of USCA (Certified Copy) as to 778 Notice of Appeal filed by Selwyn S. Berg USCA Case Number 09-5138-cv(con). Upon due consideration, it is hereby ORDERED that the motion to proceed in forma pauperis is DENIED because Appellant is not indigent. Appellant is hereby directed to pay the filing fee within twenty-one days of the date of entry of this order or the appeal will be dismissed. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 06/04/2010. (nd) (Entered: 06/07/2010)
NOTICE OF APPEAL (Motion to Reduce Appeal Bond construed as NOA) from 810 Order. Document filed by Edward M. Selfe and Jane B. Selfe. (tp) (Entered: 06/04/2010)
MANDATE of USCA (Certified Copy) as to 774 Notice of Appeal, filed by Renee Salazar USCA Case Number 09-5003-cv. It Is Hereby Ordered that the Appellant Rene Salazar's motion for voluntary dismissal of her appeal, docket number 09-5003-cv, is GRANTED. The appeal is DISMISSED with each party responsible for its own costs and fees. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 5/28/10. (tp) (Entered: 06/01/2010)
ORDER of USCA (Certified Copy) as to 776 Notice of Appeal filed by Jane B. Selfe, Edward M. Selfe USCA Case Number 09-4937-cv(L), 09-5060-cv(con), 09-5073-cv(con). In the proceeding docketed under 09-5060, Appellants Edward and Jane Selfe, pro se, move to reduce the appeal bond imposed by the district court on March 5, 2010. We construe the motion to be a notice of appeal from the district court's March 5, 2010 order. The Clerk's office is directed to send the notice of appeal to the district court, pursuant to Federal Rule of Appellate Procedure 4(d). The motion to reduce the bond will be addressed by the panel that decided the consolidated appeals from the district court's appeal bond decision, which are docketed in this Court under numbers 10-960, 10-1060, 10-1145, and 10-1254. In the proceeding docketed under 09-5073, Appellees, through counsel, move to dismiss the appeal as untimely filed. However, the Appellants' motion to withdraw the appeal docketed under 09-5073 was granted on April 13, 2010. Upon due consideration, it is hereby ORDERED that the motion to dismiss is DENIED as moot. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 5/14/2010. (nd) (Entered: 05/25/2010)
MEMORANDUM AND ORDER. For the foregoing reasons stated in this memorandum and order, Berger's motion for reconsideration is denied. in case 1:04-cv-05723-WHP; denying (826) Motion for Reconsideration in case 1:01-md-01409-WHP. (Signed by Judge William H. Pauley, III on 5/21/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(rjm) (Entered: 05/21/2010)
ORDER: The conference scheduled for 5/21/10 at 12:15 p.m. is rescheduled for 5/21/10 at 11:00 a.m. (Signed by Judge William H. Pauley, III on 5/17/10) (ae) (Entered: 05/18/2010)
ORDER. This Court having reviewed the Report Regarding the Cost of Settlement Notice and Administrative Costs and Motion for Approval of Settlement Notice and Administration Costs for the First Quarter 2010 and the Affidavit of Ronald A. Bertino, CPA, it is ORDERED that, pursuant to Paragraph 3(f) of the Stipulation and Agreement of Settlement preliminarily approved by this Court on November 8, 2006 and this Court's October 22, 2007 Amended Order, the Clerk of the Court is directed to draw a check from the Principal Settlement Fund, designated as account no. 07-cc-0001-1 with the Court Registry Investment System ("CRIS"), made payable to the Claims Administrator, and to send the check by overnight mail, no later than Friday, May 21, 2010, to Co-Lead Counsel Berger & Montague, P.C., c/o Merrill G. Davidoff, Esq., 1622 Locust Street, Philadelphia, PA 19103, for distribution to this payee. The disbursement from the CRIS Principal Settlement Fund shall be made for the following amount and payee: the amount of $76,719.22 made payable to Heffler Radetich & Saitta, LLP (Claims Administrator). (Signed by Judge William H. Pauley, III on 5/12/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP Copies Mailed By Chambers.(rjm) (Entered: 05/13/2010)
Plaintiffs' Co-Lead Counsel and Claims Administrator Report Regarding the Cost of Settlement Notice and Administrative Costs and MOTION for Approval of Settlement Notice and Administration Costs. First Quarter 2010. Relates to All Actions. Proposed Order attached.(rjm) (Entered: 05/12/2010)
Appeal Record Sent to USCA (Partial Index). Notice that the Original index to the record on Appeal for 822 Notice of Appeal filed by Bernard Bildstein USCA Case Number 10-1145, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (nd) (Entered: 05/05/2010)
MANDATE of USCA WITHDRAWING APPEAL (Certified Copy) as to 775 Notice of Appeal,, filed by Patricia Tomlinson, Kathleen McWhorter, William McWhorter USCA Case Number 09-5053-cv. IT IS HEREBY ORDERED that the Appellant's motion, on consent, to withdraw the appeal with docket number 09-5073-cv(con), is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 04/15/2010. (nd) (Entered: 04/16/2010)
LETTER addressed to Judge William H. Pauley from Robert J. Patterson dated 3/22/10 re: Enclosed please find a courtesy copy for your review of Appellant Rene Salazar's Unopposed Motion for Voluntary Dismissal of Appeal. This document was filed with the U.S. Court of Appeals for the Second Circuit on 3/19/10. (rjm) (Entered: 04/12/2010)
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT (LETTER) - NOTICE of Withdrawal of Counsel. Document filed by Dennis D. Gibson. (Golanski, Alani) Modified on 4/7/2010 (jar). (Entered: 04/06/2010)
NOTICE OF APPEAL (This Document Relates To: ALL ACTIONS) from 810 Order. Document filed by Herbert Berger. Filing fee $ 455.00, receipt number E 899494. Copies mailed to attorney(s) of record: All 15 parties/attorneys listed on the attached service list. (tp) Modified on 4/6/2010 (tp). (Entered: 04/06/2010)
PLAINTIFFS' MEMORANDUM in Opposition TO Objector Herbert Berger's Motion for Reconsideration of the Court's March 5, 2010 Memorandum and Order. Relates to All Actions. (rjm) (Entered: 03/30/2010)
NOTICE OF APPEAL from 810 Memorandum and Order. Document filed by Bernard Bildstein. Filing fee $ 455.00, receipt number E 898354. (nd) (Entered: 03/29/2010)
ENDORSED LETTER addressed to Judge William H. Pauley from R. Stephen Griffis dated 3/18/10 re: The purpose of this letter is to respectfully request this Court to enter an order allowing the clerk to accept said funds that we intend to submit. ENDORSEMENT: Application denied. (Signed by Judge William H. Pauley, III on 3/22/10) (rjm) (Entered: 03/23/2010)
ORDER. Counsel for the non-settling parties are directed to appear for a status conference on May 14, 2010 at 3:00 p.m. (Status Conference set for 5/14/2010 at 03:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 3/22/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 03/23/2010)
ORDER PRELIMINARILY APPROVING CLASS ACTION SETTLEMENT AS TO DEFENDANTS BANK OF AMERICA, N.A. (USA) (N/K/A FIA CARD SERVICES, N.A.), BANK OF AMERICA, N.A., JPMORGAN CHASE & CO., CHASE BANK USA, N.A., CAPITAL ONE BANK (USA), N.A., CAPITAL ONE BANK, N.A., HSBC FINANCE CORPORATION, AND HSBC BANK NEVADA, N.A... Within seven (7) calendar days of preliminary approval of the Settlement Agreements, the Settling Defendants shall advance funds into the Escrow to cover the costs of notice (including administration), in the amounts set forth in Sections 15(b) of the respective Settlement Agreements. The Court hereby approves the payment of up to $375,000.00 for the payment of notice costs (including administration) and such funds shall be made immediately available to Plaintiffs' Co-Lead Counsel for such purposes only, subject to Plaintiffs' and Plaintiffs' Co-Lead Counsel's compliance with the terms of the Notice Plan... and as further set forth regarding the procedures to be followed that shall govern the handling of this ORDER PRELIMINARILY APPROVING CLASS ACTION SETTLEMENT AS TO DEFENDANTS BANK OF AMERICA, N.A. (USA) (N/K/A FIA CARD SERVICES, N.A.), BANK OF AMERICA, N.A., JPMORGAN CHASE & CO., CHASE BANK USA, N.A., CAPITAL ONE BANK (USA), N.A., CAPITAL ONE BANK, N.A., HSBC FINANCE CORPORATION, AND HSBC BANK NEVADA, N.A. (Signed by Judge William H. Pauley, III on 3/18/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 03/19/2010)
NOTICE OF APPEAL from 810 Memorandum and Order. Document filed by Lawrence E. Schneider, Rosalie Borgardts, Milton Fontenot, Ernest J. Browne, Leonard Nelson. Filing fee $ 455.00, receipt number E 898168. Copies of Notice of Appeal mailed to attorney(s) of record: Coughlin Stoia LLP; Skadden Arps Slate Meagher; Covington & Burling; Locke Lord Bissell & Liddell LLP; Berger & Montague PC; Sidley Austin LLP; Ballard Spahr Andrews & Ingersoll; Morgan Lewis & Bockius LLP; Morrison & Foerster LLP; Wilmer Cutler Pickering Hale. (nd) (Entered: 03/19/2010)
ENDORSED LETTER addressed to Judge William H. Pauley, III from Daniel A. Osborn dated 3/10/10 re: Class member-appellant Berger requests that the Court modify its Order and give the appellants one month, until April 5, 2010, to post the requisite bond. ENDORSEMENT: Application denied. (Signed by Judge William H. Pauley, III on 3/18/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:06-cv-15447-WHP(rjm) (Entered: 03/19/2010)
ORDER GRANTING MOTION TO FILE CLASS PLAINTIFFS' SUPPLEMENTAL SUBMISSION RECOMMENDING DENIAL OF THE CLAIM SUBMITTED BY PRICELINE.COM UNDER SEAL. GOOD CAUSE HAVING BEEN SHOWN, the Motion to file Class Plaintiffs' Supplemental Submission Recommending Denial of the Claim Submitted by Priceline.com and Supporting Exhibits under seal is hereby GRANTED. (Signed by Judge William H. Pauley, III on 3/16/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(rjm) (Entered: 03/17/2010)
SCHEDULING ORDER. Counsel for the parties having appeared for a status conference, the following schedule is established on consent of the parties: (1) Defendants shall file and serve their motion for summary judgment on April 30, 2010; (2) Plaintiffs shall file and serve their opposition on June 4, 2010; (3) Defendants shall file and serve their reply on June 21, 2010; (4) This court will hear oral argument on July 15, 2010, at 2:30 p.m. Motion for summary judgment due by 4/30/2010. Responses due by 6/4/2010 Replies due by 6/21/2010. Oral Argument set for 7/15/2010 at 02:30 PM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 3/16/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(rjm) (Entered: 03/17/2010)
NOTICE OF APPEAL from 810 Memorandum and Order. Document filed by David T. Murray, Marion R. Murray, Joel Shapiro, Kathleen McWhorter, William McWhorter, Jessica Bishop, Patricia Tomlinson, Anne Cochran, Thomas Carden, Judy Sargeant, Dylan L. Whisenhunt, Gloria E. Whisenhunt, Daniel Ernsberger, Rebecca Brainard, Donna Lonzo, Deith Lonzo, Michael J. Rinis. Filing fee $ 455.00, receipt number E 897064. Copies of Notice of Appeal mailed to attorney(s) of record: Locke Lord Bissell & Liddell LLP; Wilmer Cutler Pickering Hale and Dorr LLP; Ballard Spahr Andrews & Ingersoll LLP; Covington & Burling; Morrison & Foerster LLP; Sidley Austin LLP; Skadden Arps Slate Meagher & Flom LLP; Morgan Lewis & Bockius LLP; Berger & Montague PC; Coughlin Stoia LLP. (nd) (Entered: 03/16/2010)
MANDATE of USCA WITHDRAWING APPEAL (Certified Copy) as to 771 Notice of Appeal,, filed by Gilbert Schrank USCA Case Number 09-4942-cv. IT IS HEREBY ORDERED THAT THE motion for leave to withdraw appeal is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 3/9/2010. (nd) (Entered: 03/12/2010)
ENDORSED LETTER addressed to Judge William H. Pauley from Sonny E. Sweeney dated 3/8/10 re: Plaintiffs respectfully request that the Court set a deadline of fourteen days following the March 5 Order, or no later than March 19, 2010, for the appellants to post the bond. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 3/8/10) (rjm) (Entered: 03/09/2010)
ORDER. The preliminary approval hearing on March 12, 2010, originally scheduled for 12:00 p.m. will now be held at 3:30 p.m. (Preliminary Approval Hearing set for 3/12/2010 at 03:30 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 3/5/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 03/09/2010)
MEMORANDUM AND ORDER. For the foregoing reasons, Class Counsel's request for an appeal bond is granted. An appeal bond of $50,000 is ordered. The following appellants jointly and severally responsible for posting this bond: (1) Bernd Bilstein; (2) Gary Joseph Bonas II; (3) Thomas Carder, Judy Sargeant, and Dylan L. and Gloria Whisenhunt; (4) Herbert A. Berger; (5) Rene Salazar; (6) David and Marion Murray, and Joel Shapiro; (7) Patricia Tomlinson, Daniel Ernsberger, Rebecca Brainard, Donna and Keith Lonzo, Kathleen and William McWhorter, Michael J. Rinis, and Jesse Bishop; (8) Lawrence E. Schneider, Anne Cochran, Rosalie Borgardts, Leonard Nelson, Milton J. Fontenot, and Ernest J. Browne; and (9) Edward M. and Jane B. Selfe. (Signed by Judge William H. Pauley, III on 3/5/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(rjm) (Entered: 03/05/2010)
ENDORSED LETTER addressed to Judge William H. Pauley from Evan R. Chesler dated 2/17/10 re: We respectfully request that the status conference Your Honor scheduled for 11:00 a.m. on March 12, 2010, be rescheduled to 3:00 p.m. on that date. ENDORSEMENT: Application granted., (Status Conference set for 3/12/2010 at 03:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 2/19/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP Copies Mailed By Chambers.(rjm) (Entered: 02/22/2010)
SCHEDULING ORDER: Status Conference set for 3/12/2010 at 11:00 AM before Judge William H. Pauley III. SO ORDERED. (Signed by Judge William H. Pauley, III on 2/10/2010) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(tve) (Entered: 02/11/2010)
SUPPLEMENTAL SCHEDULING ORDER... the Court sets the following deadlines with respect to proceedings regarding NAF: 1. Fact discovery between Class Plaintiffs and NAF shall be completed by June 18, 2010. 2. With respect to class certification, NAF shall submit its opposition to class certification on or before May 28, 2010, and Class Plaintiffs shall reply on or before July 2, 2010. 3. The due dates stated in Paragraphs 2, 3, and 4 of this Court's Scheduling Order, docketed January 23, 2010, shall apply fully with respect to NAP as with respect to the other parties to this action. Responses due by 5/28/2010 Replies due by 7/2/2010. Fact Discovery due by 6/18/2010. (Signed by Judge William H. Pauley, III on 2/8/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 02/09/2010)
AFFIDAVIT of Ronald A. Bertino, CPA Regarding the Costs of Administration through December 31, 2009. Relates to All Actions.. (rjm) (Entered: 02/05/2010)
PLAINTIFFS' CO-LEAD COUNSEL AND CLAIMS ADMINISTRATOR REPORT REGARDING THE COST OF SETTLEMENT NOTICE AND ADMINISTRATION COSTS and MOTION to Approve Settlement Notice and Administrration Costs in excess of $100,000.00. Fourth Quarter 2009. Relates to All Actions.(rjm) (Entered: 02/04/2010)
ORDER. It is ORDERED that, pursuant to Paragraph 3(f) of the Stipulation and Agreement of Settlement preliminarily approved by this Court on November 8, 2006 and this Court's October 22, 2007 Amended Order, the Clerk of the Court is directed to draw checks from the Principal Settlement Fund, designated as account no. 07-cc-000l-1 with the Court Registry Investment System ("CRIS"), made payable to the Claims Administrator and the Special Master in the amounts indicated below, and to send these checks by overnight mail, no later than Tuesday, February 16, 2010, to Co-Lead Counsel Berger & Montague, P.C., c/o Merrill G. Davidoff, Esq., 1622 Locust Street, Philadelphia, PA 19103, for distribution to these payees. The disbursements from the CRIS Principal Settlement Fund shall be made for the following amounts and payees: the amount of $174,166.71 made payable to Heffler Radetich & Saitta, LLP (Claims Administrator); and the amount of $10,749.12 made payable to Francis E. McGovern (Special Master). (Signed by Judge William H. Pauley, III on 1/28/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP Copies Mailed By Chambers.(rjm) (Entered: 01/29/2010)
SCHEDULING ORDER. The dates specified Paragraphs 6, 8, 9 and 10 of the Scheduling Order entered March 9, 2009 are amended and the dates for the respective events and activities shall be as follows: 1. Fact discovery shall be completed by May 21, 2010. 2. Due dates with respect to merits expert reports are as follows: (a) Plaintiffs' merits expert report(s) shall be served by June 23, 2010, and their experts made available for deposition with respect to such reports by July 16, 2010. If plaintiffs submit an expert report or declaration from Oren Bar-Gill, his deposition shall occur on or before July 9, 2010. (b) Defendants' expert report(s) shall be served by August 6, 2010, and their experts made available for deposition with respect to such reports by August 20, 2010. (c) Plaintiffs' rebuttal expert report(s), if any, shall be served by September 3, 2010, and the experts who have submitted such rebuttal reports made available for deposition with respect to such reports by September 24, 2010. 3. In accordance with the Court's Rules of Individual Practice, the parties will submit pre-motion letters regarding any dispositive motions no later than September 30, 2010. 4. The parties will submit a joint letter to the Court concerning the status of the case on May 28, 2010, with the letter to be followed by a status conference with the Court... and as further set forth. Deposition due by 9/24/2010. Discovery due by 5/21/2010. (Signed by Judge William H. Pauley, III on 1/22/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 01/25/2010)
MEMORANDUM AND ORDER. For the reasons set forth in this Memorandum and Order, Plaintiffs' renewed motion for class certification is granted. This Court certifies the following damages class: All Visa, MasterCard and Diners Club general purpose cardholders who used cards issued by any of the Co-Conspiring Banks during the Damages Period from July 22, 2000 to November 8, 2006, and were assessed a foreign transaction fee or surcharge for using such cards to purchase goods and/or services priced in foreign currencies or in foreign countries and who have submitted valid claims, regardless of timeliness in the settlement of In re Currency Conversion Fee Antitrust Litigation, No. 01-MD-1409 (WHP), Master File No. 21-95 (S.D.N.Y.). This Court appoints Robert Ross and Randall Wachsmuth as class representatives. This Court also appoints Merrill G. Davidoff, Esq. and Berger & Montague, P.C. as counsel to the class. Finally, Defendants' motion to amend their answer to raise the defense of release is denied. denying (108) Motion to Amend/Correct ; granting (113) Motion to Certify Class in case 1:04-cv-05723-WHP. (Signed by Judge William H. Pauley, III on 1/22/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(rjm) (Entered: 01/25/2010)
SCHEDULING ORDER. On January 8, 2010, the Court conducted a status conference for the purpose of setting a schedule for the approval, or not, of class action settlements entered into between class plaintiffs and certain defendants. On the presentation of counsel, the Court hereby ORDERS as follows with respect to the schedule for these proceedings: 1. Final settlement agreements shall be filed with the Court on or before February 19, 2010. 2. All papers supporting preliminary approval of these settlements shall be filed with the Court on or before February 26, 2010. 3. Oppositions to preliminary approval, if any, must be filed with the Court on or before March 5, 2010. 4. The Court shall hear argument from all interested parties who desire to be heard on preliminary approval on March 12, 2010 at 11:30 AM. 5. In the event that preliminary approval is granted, the following deadlines shall apply: (a) All papers seeking final approval of these settlements, as well as any papers seeking the Court's approval for the payment of attorneys' fees or the reimbursement of litigation expenses, shall be filed with the Court on or before May 28, 2010. (b) Within 24 hours of the filing of the papers referred to in 5(a), those papers shall be posted, in PDP format, on any website that has been established or maintained, pursuant to Court Order, for the purpose of providing notice of these settlements. (c) Objections, if any, to the final approval of any of these settlements, to the requests for attorneys' fees or to the requests for reimbursement of litigation expenses shall be filed with the Court on or before June 11, 2010. (d) Replies, if any, to the papers submitted pursuant to 5(c) shall be filed with the Court on or before June 25, 2010. (e) The Court shall hold a hearing on the final approval of these settlements, the payment of attorneys' fees and the reimbursement of litigation expenses on July 15, 2010 at 11 AM. Motions due by 5/28/2010. Responses due by 6/11/2010 Replies due by 6/25/2010. Status Conference set for 7/15/2010 at 11:00 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 1/15/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 01/19/2010)
ORDER. For the reasons stated more fully on the record, Defendant National Arbitration Forum's motion to dismiss the First Amended Class Action Complaint (Docket No. 152) is denied. denying (152) Motion to Dismiss in case 1:05-cv-07116-WHP. (Signed by Judge William H. Pauley, III on 1/15/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 01/19/2010)
ENDORSED LETTER addressed to Judge William H. Pauley from Christopher G. Karagheuzoff dated 1/12/10 re: We request that the briefing schedule for the motion be adjusted such that the NAF's class certification opposition papers are due on February 16, 2009, and the Plaintiffs' reply. papers are due on March 18, 2010. ENDORSEMENT: Application granted. So Ordered., (Replies due by 3/18/2010., Responses due by 2/16/2010) (Signed by Judge William H. Pauley, III on 1/14/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 01/15/2010)
OPPOSITION TO MOTION TO REQUIRE APPEAL BONDS re: 785 MOTION for Bond. Document filed by David T. Murray, Marion R. Murray, Joel Shapiro. (rjm) (Entered: 01/13/2010)
FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - RESPONSE in Opposition re: 785 MOTION for Bond.. Document filed by Lawrence E. Schneider, Rosalie Borgardts, Milton Fontenot, Ernest J. Browne, Anne Cochran, Leonard Nelson. (Siegel, Edward) Modified on 1/13/2010 (jar). (Entered: 01/12/2010)
DECLARATION of Irving Bizar in Opposition re: 785 MOTION to require an Appeal Bond. Relates to All Actions. Document filed by Bernard Bildstein. (rjm) (Entered: 01/11/2010)
BERNARD BILDSTEIN'S MEMORANDUM OF LAW in Opposition re: 785 MOTION to require an Appeal Bond. Relates to All Actions. Document filed by Bernard Bildstein. (rjm) (Entered: 01/11/2010)
ORDER GRANTING MOTION TO FILE DOCUMENTS UNDER SEAL. GOOD CAUSE HAVING BEEN SHOWN, the Motion to file under seal the Memorandum in Support Of Plaintiffs' Motion For Certification of a Class and Subclass, pursuant to Rule 23(b)(2), for their claims against Defendant National Arbitration Forum is hereby GRANTED. granting (169) Motion to Seal in case 1:05-cv-07116-WHP. (Signed by Judge William H. Pauley, III on 1/4/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 01/05/2010)
RESPONSE in Opposition re: (785 in 1:01-md-01409-WHP) MOTION for Bond.. Document filed by Herbert Berger, Herbert A. Berger. Filed In Associated Cases: 1:01-md-01409-WHP, 1:06-cv-15447-WHP(Osborn, Daniel) (Entered: 01/05/2010)
ENDORSED LETTER addressed to Judge William H. Pauley from Jamie M. Eagen dated 12/22/09 re: Please insert the Exhibit in the filed copy of plaintiffs' December 21, 2009, submission. ENDORSEMENT: Plaintiffs' application to correct their previous filing is granted. The Clerk of Court is instructed to accept this declaration for filing. SO ORDERED. (Signed by Judge William H. Pauley, III on 12/30/09) (db) Modified on 12/30/2009 (db). (Entered: 12/30/2009)
DECLARATION of Edward J. Radetich, Jr., CPA Regarding the Estimated Costs of Administration During the Appeals Process. Relates to All Actions. (rjm) (Entered: 12/23/2009)
DECLARATION of Joseph D. Daley in Support re: 785 NOTICE OF MOTION and Plaintiffs' Motion to Require Appeal Bonds. Relates to All Actions. (rjm) (Entered: 12/23/2009)
PLAINTIFFS' MEMORANDUM OF LAW in Support re: 785 NOTICE OF MOTION and Plaintiffs' Motion to Require Appeal Bonds. Relates to All Actions. (rjm) (Entered: 12/23/2009)
NOTICE OF MOTION AND PLAINTIFFS' MOTION TO REQUIRE APPEAL BONDS. Relates to All Actions. Document filed by Leslie Cooper, Ester Grace Javier, Robert Ross, Randal Wachsmuth, Camille Laplaca-Post, Andrea Kune, Jonathan Lipner, Julie Finkelman, Howard Steinlauf, Michael H. Oshry, Diane Lynch, Tim Lynch, S. Byron Balbach, Jr, Pamela Geller Oshry, Caran Ruga, Jeanne H. Balbach, Herve Senequier, Robert L. Donald, Joshua Rubin, Gilbert Schrank, Elizabeth A. Fischer, Jennifer Herbst, Herbert Berger, Jessica Baker, Woodrow Clark, Matthew Grabell, Paul Impellezzeri, Richard Mandell, Cherie R. Donald, Inducon Park Associates, Inc.(rjm) (Entered: 12/23/2009)
ORDER. This Court has received the Settlement Agreements entered into between Class Counsel and Defendants, J.P. Morgan Chase, Bank of America, and Capital One. This Court will docket the Settlement Agreements it has received with the Clerk ofthe Court. Also, this Court will hold a conference with Class Counsel and the settling parties on January 8, 2010, at 12:00 p.m. immediately following the oral argument on NAF's motion to dismiss to discuss those proposed settlements. Relates to 05-7116. (Conference set for 1/8/2010 at 12:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 12/18/09) (rjm) (Entered: 12/18/2009)
ENDORSED LETTER addressed to Judge William H. Pauley from Bonny E. Sweeney dated 12/16/09 re: Plaintiffs are prepared to waive the pre-motion conference if the Court so desires. Further, if the Court permits Plaintiffs to proceed with the bond motion Plaintiffs are ready to proceed promptly to briefing and respectfully recommend the following briefing schedule: 1. The deadline for Plaintiffs to file their motion and supporting memorandum to require appeal bonds shall be two days after the Court holds a pre-motion conference or otherwise determines that Plaintiffs may file their motion; 2. The deadline for appellants to file any opposing papers shall be 21 days after Plaintiffs file their opening motion; and 3. The deadline for Plaintiffs to file a reply brief shall be seven days after appellants file their opposing papers. ENDORSEMENT: Application granted. The pre-motion conference is excused. The briefing schedule is as set forth above. (Signed by Judge William H. Pauley, III on 12/17/09) (rjm) (Entered: 12/18/2009)
ORDER. On October 30, 2009, Class Counsel submitted proposed separate judgments pursuant to Fed. R. Civ. P. 54(b). For the reasons stated in this Order, Class Counsel's request for separate judgments is denied. (Signed by Judge William H. Pauley, III on 12/11/09) (rjm). (Entered: 12/14/2009)
NOTICE OF CHANGE OF COUNSEL that Amelia F. Burroughs of Coughlin Stoia Geller Rudman & Robbins LLP is no longer associated with this case. Also note that as of this date, it is no longer necessary to serve Ms. Burroughs with the pleadings and documents filed in the above mentioned matter. Relates to All Actions. (rjm) (Entered: 12/09/2009)
NOTICE OF CHANGE OF COUNSEL that Philip Neumark of Buchnell, Caplan & Fielding, LLP is retiring and will no longer be associated with this firm nor with this case. As of this date, it is no longer necessary to serve Mr. Neumark with the pleadings and documents filed in the above mentioned matter. Relates to All Actions. (rjm) (Entered: 12/09/2009)
NOTICE OF APPEAL from 763 Judgment, 755 Memorandum and Order. Document filed by Lawrence E. Schneider, Rosalie Borgardts, Milton Fontenot, Ernest J. Browne, Anne Cochran, Leonard Nelson. Filing fee $ 455.00, receipt number E 708060. (nd) (Entered: 12/08/2009)
NOTICE OF APPEAL from 763 Judgment. Document filed by Edward M. Selfe, Jane B. Selfe. Filing fee $ 455.00, receipt number E 707489. (tp) (Entered: 12/08/2009)
NOTICE OF APPEAL from 763 Judgment, 755 Memorandum and Order. Document filed by Kathleen McWhorter, William McWhorter, Patricia Tomlinson, Daniel Ernsberger, Rebecca Brainard, Donna Lonzo, Deith Lonzo, Michael J. Rinis and Jesse Bishop. Filing fee $ 455.00, receipt number E 707923. Copies of Notice of Appeal mailed to attorney(s) of record: Coughlin Stoia, LLP; Berger & Montague P.C.; Morgan Lewis & Bockius LLP; Skadden Arps Slate Meagher & Flom LLP; Sidley Austin LLP; Morrison & Foerster LLP; Covington & Burling; Ballard Spahr Andrews & Ingersoll LLP; Wilmer Cutler Pickering Hale and Dorr LLP; Locke Lord Bissell & Liddell LLP. (nd) (Entered: 12/07/2009)
NOTICE OF APPEAL from 763 Judgment,. Document filed by Renee Salazar. Filing fee $ 455.00, receipt number E 707490. Copies of Notice of Appeal mailed to attorney(s) of record: Weil, Gotshal & Manges LLP; Berger & Montague, P.C. and Coughin, Stoia, Geller, Rudman & Robbins, LLP. (nd) (Entered: 12/03/2009)
NOTICE OF APPEAL from 763 Judgment, 755 Order. Document filed by Thomas Carden, Judy Sargeant, Dylan L. Whisenhunt, Gloria E. Whisenhunt. Filing fee $ 455.00, receipt number E 707358. Copies of Notice of Appeal mailed to attorney(s) of record: Morgan, Lewis, & Bockius LLP; Sidley Austin LLP; Covington & Burling; Wilmer Cutler Pickering Hale and Dorr, LLP; Skadden Arps Slate Meagher & Flom, LLP; Morrison & Foerster, LLP; Ballard, Spahr, Andrews & Ingersoll, LLP; Locke Lord Bissell & Liddell LLP; Dickstein Shapiro LLP; Kasowitz Benson Torres & Friedman LLP; Hulett Harper Stewart, LLP; Steyer Lowenthal Boodrookas Alvarez & Smith LLP; Berger & Montague, P.C.; Coughlin Stoia Geller Rudman & Robbins LLP; Schrag & Baum, P.C.; John J. Pentz, Esq. Edward Siegel, Esq.; R. Stephen Griffis, Esq.; Frank H. Tomlinson, Esq.; Law office of Edward W. Cochran; Bishop & Associates, PSC; Nelson Law Firm, P.C.; Paul S. Rothstein,Esq.; J. Scott Kessinger, Esq.; N. Albert Bacharach, Jr. P.A. (nd) (Entered: 12/01/2009)
NOTICE OF APPEAL from 763 Judgment, 755 Memorandum and Order. Document filed by David T. Murray, Marion R. Murray, Joel Shapiro. Filing fee $ 455.00, receipt number E 707006. Copies of Notice of Appeal mailed to attorney(s) of record: Coughlin Stoia LLP; Berger & Montague P.C.; Morgan Lewis & Bockius LLP; Skadden Arps Slate Meagher & Flom LLP; Sidley Austin LLP; Morrison & Foerster LLP; Covington & Burling; Ballard Spahr Andrews & Ingersoll LLP; Wilmer Cutler Pickering Hale and Dorr LLP; Locke Lord Bissell & Liddell LLP. (nd) (Entered: 11/25/2009)
SUPPLEMENTAL CERTIFICATE OF SERVICE of Defendants' Objections to Plaintiffs' Proposed Forms of Judgment served on Merrill G. Davidoff, and below listed counsel on 11/10/09. Service was made by email or U.S. Mail. Relates to All Actions. (rjm) (Entered: 11/13/2009)
LETTER addressed to Judge William H. Pauley, III from Victor A. Herbert & Shirley A. Herbert dated 10/8/09 & 4/25/08 re: Claim #50054084 and Refund ID50661348ITUV Shirley and Victor Herbert respectively. (rjm) (Entered: 11/05/2009)
FINAL JUDGMENT AND ORDER OF DISMISSAL as to Misc. Master File M21-95 settling action. (Signed by Judge William H. Pauley, III on 11/3/09) (Attachments: # 1 notice of right to appeal)(ml) (Additional attachment(s) added on 11/5/2009: # 2 Main Document) (kkc). (Entered: 11/04/2009)
ENDORSED LETTER addressed to Judge William H. Pauley, III from Merrill G. Davidoff dated 10/21/09 re: As the Court is aware, on September 23, 2009, NAF moved to dismiss pursuant to Rule 12(b)(1) and pursuant to Rule 12(b)(6)... Those discussions are ongoing. While the parties have made progress, they have not reached agreement. So that the parties may continue those discussions, the parties jointly request that the Court adjourn the deadline for Plaintiffs' response to November 6, 2009 and for NAF's reply to November 20, 2009. The Parties request that the Court reschedule oral argument at its convenience. ENDORSEMENT: Application granted. This Court will hear oral argument on January 8, 2010, at 12:00pm., Set Deadlines/Hearing as to (152 in 1:05-cv-07116-WHP) MOTION to Dismiss. :(Responses due by 11/6/2009, Replies due by 11/20/2009., Motion Hearing set for 1/8/2010 at 12:00 PM before Judge William H. Pauley III.), (Responses due by 11/6/2009, Replies due by 11/20/2009., Oral Argument set for 1/8/2010 at 12:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 10/23/09) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 10/26/2009)
ORDER. This Court having reviewed the Report Regarding the Cost of Settlement Notice and Administrative Costs and Motion for Approval of Settlement Notice and Administration Costs in Excess of $100,000 to a Single Vendor for the Third Quarter 2009 and the Affidavit of Ronald A. Bertino, CPA, it is ORDERED that, pursuant to Paragraph 3(f) of the Stipulation and Agreement of Settlement preliminarily approved by this Court on November 8, 2006 and this Court's October 22, 2007 Amended Order, the Clerk of the Court is directed to draw checks from the Principal Settlement Fund, designated as account no. 07-cc-0001-1 with the Court Registry Investment System ("CRIS"), made payable to the Claims Administrator, the Special Master and Analysis Research Planning Corporation in the amounts indicated below, and to send these checks by overnight mail, no later than Friday, November 6, 2009, to Co-Lead Counsel Berger & Montague, P.C., c/o Merrill G. Davidoff, Esq., 1622 Locust Street, Philadelphia, PA 19103, for distribution to these payees. The disbursements from the CRIS Principal Settlement Fund shall be made for the following amounts and payees: (i) the amount of $528,413.36 made payable to Herner Radetich & Saitta, LLP (Claims Administrator); (ii) the amount of $19,426.26 made payable to Francis E. McGovern (Special Master); and (iii) the amount of $35,166.59 made payable to Analysis Research Planning Corporation. (Signed by Judge William H. Pauley, III on 10/23/09) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(rjm) (Entered: 10/26/2009)
AFFIDAVIT of Ronald A. Bertino, CPA Regarding the Costs of Administration through September 30, 2009. Relates to All Actions. (rjm) (Entered: 10/23/2009)
PLAINTIFFS' CO-LEAD COUNSEL AND CLAIMS ADMINISTRATOR REPORT REGARDING THE COST OF SETTLEMENT NOTICE AND ADMINISTRATIVE COSTS AND MOTION to Approve Settlement Notice and Administration Costs in Excess of $100,000.00 to a Single Vendor. Third Quarter 2009. Relates to All Actions.(rjm) (Entered: 10/23/2009)
LETTER addressed to Judge William H. Pauley, III from Sanford Ress dated 6/14/09 re: Request for rejection of Settlement due to inadequacy of settlement fund and too great a burden being placed on cardholders instead of card issuers. (rjm) (Entered: 10/23/2009)
LETTER addressed to Judge William H. Pauley, III from Merrill G. Davidoff dated 12/22/08 re: I am writing to alert your Honor to a development unrelated to this litigation, but which does relate to Heffler, Radetich & Saitta, LLC, the Court approved Settlement Administrator. (rjm) (Entered: 10/23/2009)
LETTER addressed to Judge William H. Pauley, III from Steven J. Balog dated no date indicated re: Objection to proposed settlement, plan of allocation, and attorneys' fee award by settlement class member. (rjm) (Entered: 10/23/2009)
MEMORANDUM AND ORDER In the final analysis, while not perfect, this Settlement with its revamped claims process and the participation of more than 10 million individual claimants embodies Jeremy Bentham's principle of utility to do "the greatest good for the greatest number of people." S.E.C. v. Bear Stearns & Co., 626 F. Supp. 2d 402, 419 (S.D.N.Y. 2009). Given the size and complexity of this multi-district litigation, it was prudent for this Court to have as much information as possible in assessing the fairness and adequacy of the Settlement. This was especially important in view of this Court's intervention to modify the notice and claims process. This Court is convinced that it was worth waiting and any delay was beneficial to the Class. For the foregoing reasons, in the exercise of its informed discretion, this Court grants final approval of the Settlement and grants in part and denies in part Class Counsel's motions for attorney's fees, reimbursement of expenses, and for incentive awards for the class representatives. The parties are directed to submit a final judgment forthwith. SO ORDERED (Signed by Judge William H. Pauley, III on 10/22/2009) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(jmi) (Entered: 10/22/2009)
TRUE COPY ORDER of USCA as to 322 Notice of Interlocutory Appeal,, filed by Michael H. Oshry, Robert Ross, Julie Finkelman, Ester Grace Javier, Caran Ruga, Diane Lynch, Howard Steinlauf, Robert L. Donald, Randal Wachsmuth, Pamela Geller Oshry, S. Byron Balbach, Jr., Cherie R. Donald, Gilbert Schrank, Herve Senequier, Tim Lynch, Inducon Park Associates, Inc., Jeanne H. Balbach, Joshua Rubin, Andrea Kune, Camille Laplaca-Post, Leslie Cooper, Jonathan Lipner, 433 Notice of Cross Appeal, 318 Notice of Appeal, filed by JP Morgan Chase & Co., Chase Manhattan Bank, USA, N.A., JP Morgan Chase Bank, 317 Notice of Appeal,, filed by Citicorp Diners Club, Universal Bank, N.A., Citibank (SD), N.A., Universal Financial Corp., Citigroup, Inc., 474 Notice of Appeal, filed by Bernard Bildstein USCA Case Number 05-1869-cv(L), 05-1871-cv(con), 05-2066-cv(XAP), 06-0091-cv, 06-0372-cv(XAP). THEREFORE, the undersigned parties to the Foreign Currency Appeals further stipulate as follows, and respectfully request that the Court enter this stipulation. 1. The undersigned parties stipulate that each of the above-captioned related appeals continue to be withdrawn from active consideration without prejudice. This stipulation is without prejudice to the parties` ability to submit a revised stipulation, or or prior to October 31, 2010, seeking an extension of the period that these appeals be withdrawn from active consideration with leave to reactivate. 2. If not timely reactivated by October 31, 2010, and no extension of the period that these appeals be withdrawn from active consideration is timely sought, the appeals shall be withdrawn (See Hertzner v. Henderson, 292 F.3d 302 (2d Cir. 2002)). 3. Withdrawal of the appeals from active consideration shall not operate as a dismissal of the appeals under FRAP 42(b). Catherine O'Hagan Wolfe, Clerk USCA. Certified: 10/19/2009. (nd) (Entered: 10/20/2009)
LETTER addressed to Judge William H. Pauley, III from Edward John Hasbrouck dated 8/31/09 re: Request for the Court to reject the proposed settlement, plan of allocation, and fee award. Document filed by Edward John Hasbrouck.(rjm) (Entered: 10/19/2009)
ENDORSED LETTER addressed to Judge William H. Pauley, III from Merrill G. Davidoff dated 10/14/09 re: Defendants Bank of America, N.A. (USA), Bank of America, N.A., Capital One Bank (USA), N.A., Capital One, N.A., J.P. Morgan Chase, Chase Bank USA, N.A., DFS Services LLC, Discover Financial Services, Discover Bank, HSBC Finance Corporation and HSBC Bank Nevada, N.A. are granted leave to amend their answers, on or before October 23, 2009, to restate or to withdraw certain of their affirmative defenses in conformance with their agreement with Plaintiffs. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 10/14/09) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 10/15/2009)
STIPULATION AND ORDER REGARDING DISCOVERY RELATED TO TESTIFYING EXPERTS IN THIS MATTER. This Stipulation and Order will govern discovery related to testifying experts in this matter. To the extent that this Stipulation and Order imposes limitations on discovery that would otherwise be available pursuant to the Federal Rules of Civil Procedure, the parties have agreed to such limitations. Neither the terms of this Stipulation and Order nor the parties' agreement to them implies that any of the information exempted from discovery in this Stipulation and Order would otherwise be discoverable... and as further set forth. (Signed by Judge William H. Pauley, III on 10/9/09) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 10/13/2009)
ORDER. For the reasons set forth in this order, Plaintiffs' motion for class certification is granted, and this Court certifies the following injunctive relief Class and Subclass pursuant to Rule 23(b)(2): A class consisting of all persons holding during the period in suit a credit or charge card under a United States cardholder agreement with any of the Bank Defendants (including, among other cards, cards originally issued under the MBNA, Bank One, First USA and Providian brands), but not including members of the proposed Subclass, subject to an arbitration provision relating to their cards (the "Class"). A subclass consisting of all persons holding during the period in suit a credit card under a United States cardholder agreement with Discover Bank, which cardholders have not previously successfully exercised their right to opt-out of the Arbitration of Disputes Provision (the "Subclass") The Court further orders that: each Plaintiff is hereby appointed as a representative of the Class; Plaintiff Richard Mandell is hereby appointed as the representative of the Subclass; Berger & Montague, P.e., Coughlin Stoia Geller Rudman & Robbins LLP, Hulett Harper Stewart, LLP, and SCOTT + SCOTT LLP are hereby appointed as Class Counsel and Subclass Counsel; and Because defendant NAF has only recently been served in this action and has not joined in the foregoing stipulation, the foregoing Class and Subclass are certified only as against the defendants other than NAF, and this Order is without prejudice to NAF's right to contend that no class or subclass should be certified as against NAF. (Signed by Judge William H. Pauley, III on 10/6/09) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 10/08/2009)
NOTICE OF APPEARANCE by Melissa Sullivan on behalf of Priceline.Com, Inc. Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(Sullivan, Melissa) (Entered: 10/07/2009)
NOTICE OF APPEARANCE by Joseph L. Clasen on behalf of Priceline.Com, Inc. Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(Clasen, Joseph) (Entered: 10/07/2009)
DEFENDANTS' RESPONSE TO CLASS PLAINTIFFS' SUPPLEMENTAL SUBMISSION RECOMMENDING DENIAL OF THE CLAIM SUBMITTED BY PRICELINE.COM. Document filed by Visa U.S.A., Visa International Service Association, Inc., Mastercard International Incorporated, Citigroup, Inc., Citibank (SD), N.A., Universal Financial Corp., Universal Bank, N.A., Citicorp Diners Club, Bank of America Corporation, MBNA America Bank, N.A., JP Morgan Chase Bank, Washington Mutual Bank, Washington Mutual, Inc., New American Capital, Inc., Bank of America N.A. (USA), Chase Bank USA, N.A., HSBC Bank, Nevada, N.A., HSBC Finance Corporation, Bank of America N.A., J.P. Morgan Chase & Co. Relates to All Actions. (rjm) (Entered: 09/28/2009)
PRICELINE'S SUBMISSION IN SUPPORT OF ITS CLAIM AND IN RESPONSE TO CLASS PLAINTIFFS' SUPPLEMENTAL SUBMISSION DATED SEPTEMBER 3, 2009. This Document Relates to All Actions. (rjm) (Entered: 09/18/2009)
ENDORSED LETTER addressed to Judge William H. Pauley, III from Fiona Scharffer dated 9/15/09 re: request that your Honor grant defendants' permission to file a short response by Friday, September 25, 2009. Plaintiffs and Priceline.com consent to this request. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 9/17/09) (rjm) (Entered: 09/18/2009)
ENDORSED LETTER addressed to Judge William H. Pauley, III from Merrill G. Davidoff dated 9/15/09 re: I write jointly on behalf of Plaintiffs and all Defendants other than National Arbitration Forum ("NAF") in the above action to request that the Court extend the deadline for Plaintiffs to move (by premotion letter) to strike certain Defendants' affirmative defenses, pursuant to Fed. R.Civ, P. 12(f), to October 15, 2009. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 9/16/09) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 09/18/2009)
LETTER (copy) addressed to Judge William H. Pauley, III from Steven J. Balog dated 9/4/09 re: Objection to proposed settlement, plan of allocation, and attorneys' fee award. (rjm) (Entered: 09/14/2009)
LETTER addressed to Judge William H. Pauley, III from Edward John Hasbrouck dated 8/31/09 re: four-page letter regarding Currency Conversion Fee Antitrust Litigation. Document filed by Edward John Hasbrouck.(rjm) (Entered: 09/14/2009)
MOTION for Leave to File Class Plaintiffs' Supplemental Submission Recommending Denial of the Claim submitted by Priceline.com and Supporting Exhibits Under Seal. Document filed by Leslie Cooper, Ester Grace Javier, Robert Ross, Randal Wachsmuth, Camille Laplaca-Post, Andrea Kune, Jonathan Lipner, Julie Finkelman, Howard Steinlauf, Michael H. Oshry, Diane Lynch, Tim Lynch, S. Byron Balbach, Jr, Pamela Geller Oshry, Caran Ruga, Jeanne H. Balbach, Herve Senequier, Robert L. Donald, Joshua Rubin, Gilbert Schrank, Elizabeth A. Fischer, Jennifer Herbst, Herbert Berger, Jessica Baker, Woodrow Clark, Matthew Grabell, Paul Impellezzeri, Richard Mandell, Cherie R. Donald, Inducon Park Associates, Inc. Relates to All Actions. Proposed Order attached.(rjm) (Entered: 09/08/2009)
ENDORSED LETTER addressed to Judge William H. Pauley, III from Merrill G. Davidoff dated August 25, 2009 re: I have a conflict on November 20, the date your Honor scheduled for oral argument in re the forth coming Motion to Dismiss of Defendant National Arbitration Forum ("NAF"). Mr. Karagheuzoff (counsel for NAF) and I are both available on November 13, if that date is convenient for the Court. ENDORSEMENT: Application granted. The Court will hear oral argument on NAF's motion on November 13, 2009, at 12:00 p.m. SO ORDERED. (Signed by Judge William H. Pauley, III on 8/27/2009) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rw) (Entered: 08/28/2009)
ORDER: 1. Defendant National Arbitration Forum shall file any motion to dismiss by September 23, 2009; 2. Plaintiffs shall file their opposition to the National Arbitration Forum's motion by October 23, 2009; 3. National Arbitration Forum shall file and serve its reply, if any, by November6,2009; 4. This Court will hear oral argument on November 20, 2009, at 12:00 p.m. (Motions due by 9/23/2009. Replies due by 11/6/2009. Responses due by 10/23/2009. Oral Argument set for 11/20/2009 at 12:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 8/21/09) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(db) (Entered: 08/24/2009)
LETTER addressed to Judge William H. Pauley from law firm of Gary Joseph Bonas II from the firm of Cooper & Bonas dated 7/27/09 re: formal comment on the Supplemental report dated July 1, 2009. (djc) (Entered: 08/14/2009)
LETTER addressed to Judge William H. Pauley III from Steven H. Lebowitz dated 7/9/09 re: objection to the proposed settlement, plan of allocation and attorneys' fee award. (djc) (Entered: 08/14/2009)
LETTER addressed to Judge William H. Pauley, III from C. Chandler dated 7/15/09 re: objection to the proposed settlement or any settlement plan of allocation or fee. (djc) (Entered: 08/14/2009)
Comments to Supplemental Special Master Report. objectors reassert their objections heretofore filed stating that eh settlement is inadequate, unfair and should be rejected until such time as the settlement can be renegotiated to provide Option 1 claimants the $25.00 they believed they were receiving under the settlement. (djc) (Entered: 08/14/2009)
Objector Christopher A. Lotz's Written Comments on the Supplemental Special Master Report, as Invited by the Court's Order of July 2, 2009. (djc) (Entered: 08/14/2009)
LETTER addressed to Judge Laura Taylor Swain from Brent Yamashita dated 8/11/09 re: joint letter in accordance with the Court's directive at oral argument. (djc) (Entered: 08/14/2009)
LETTER addressed to Judge William H. Pauley from Nathan C. Zezula dated 8/3/09 re: notice of its intent to attend the August 6, 2009 hearing and address the Court. (djc) (Entered: 08/14/2009)
LETTER addressed to Judge William H. Pauley, III from Cooper & Bonas dated 7/27/09 re: comment on the Supplemental Report dated July 1, 2009. (djc) (Entered: 08/14/2009)
LETTER addressed to Judge William H. Pauley, III from Barbara Miller dated 7/24/09 re: objection to the proposed settlement plan of allocation and attorneys' fee award. (djc) (Entered: 08/14/2009)
LETTER addressed to Judge Pauley from Jacob Jou dated 7/26/09 re: response to your Order of July 2, 2009 to address three issues as set forth herein. (djc) (Entered: 08/14/2009)
Submission of Jane B. Selfe and Edward M. Selfe in Response to this Court' Order dated July 2, 2009. Document filed by Jane B. Selfe. (djc) (Entered: 08/14/2009)
SUBMISSION OF JANE B. SELFE AND EDWARD M. SELFE in Response to this Court's Order dated 7/2/09. Document filed by Edward M. Selfe, Jane B. Selfe. Relates to All Cases. (rjm) (Entered: 08/10/2009)
LETTER addressed to Judge William H. Pauley, III from Marguerite Hasbrouck undated re: Objection to the proposed settlement, plan of allocation, and attorneys' fee award. (rjm) (Entered: 08/10/2009)
LETTER addressed to Judge William H. Pauley, III from Barbara Miller dated 7/24/09 re: Objection to the proposed settlement, plan of allocation, and attorneys' fee award. (rjm) (Entered: 08/10/2009)
NOTICE OF CHANGE OF ADDRESS by Denise Plunkett, Jay N. Fastow on behalf of Mastercard International Incorporated. New Address: DICKSTEIN SHAPIRO LLP, 1633 Broadway, New York, New York, USA 10019-6708, (212) 277-6500. Relates to All Actions. (rjm) (Entered: 08/10/2009)
MEMORANDUM Regarding Second Supplemental Special Master Report addressed to Judge William H. Pauley, III dated 8/5/09. Docketed as per instructions from Judge Pauley's chambers. Document filed by Francis E. McGovern. (rjm) (Entered: 08/06/2009)
LETTER addressed to Judge William H. Pauley, III from Erin Van Rheenan dated 7/7/09 re: Letter objecting to Proposed Settlement. (rjm) (Entered: 08/06/2009)
Comments to Supplemental Special Master Report. Document filed by Kathleen McWhorter, William McWhorter, Patricia Tomlinson, Daniel Ernsberger, Rebecca Brainard, Donna Lonzo, Keith Lonzo, and Michael J. Rinis. (rjm) (Entered: 07/31/2009)
Motion for Report and Recommendations - Special Master
FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - MOTION for Report and Recommendations Special Master. Document filed by Christopher A. Lotz. (Attachments: # 1 Supplement Certificate of Service, # 2 Supplement Letter to Court)Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(Treat, David) Modified on 7/30/2009 (jar). (Entered: 07/29/2009)
ORDER. This Court having reviewed the Report Regarding the Cost of Settlement Notice and Administrative Costs and Motion for Approval of Settlement Notice and Administration Costs in Excess of $100,000 to a Single Vendor for the Second Quarter 2009 and the Affidavit of Ronald A. Bertino, CPA, it is ORDERED that, pursuant to Paragraph 3(f) of the Stipulation and Agreement of Settlement preliminarily approved by this Court on November 8, 2006 and this Court's October 22, 2007 Amended Order, the Clerk of the Court is directed to draw checks from the Principal Settlement Fund, designated as account no. 07-cc-0001-l with the Court Registry Investment System ("CRIS"), made payable to the Claims Administrator, the Special Master and Analysis Research Planning Corporation in the amounts indicated below, and to send these checks by overnight mail, no later than Wednesday, August 5, 2009, to Co-Lead Counsel Berger & Montague, P.C., c/o Merrill G. Davidoff, Esq., 1622 Locust Street, Philadelphia, PA 19103, for distribution to these payees. The disbursements from the CRIS Principal Settlement Fund shall be made for the following amounts and payees: the amount of $407,218.12 made payable to Heffler Radetich & Saitta, LLP (Claims Administrator); the amount of $10,018.53 made payable to Francis E. McGovern (Special Master); and the amount of $6,356.00 made payable to Analysis Research Planning Corporation. This Document Relates to All Actions. (Signed by Judge William H. Pauley, III on 7/27/09) (rjm) (Entered: 07/28/2009)
PLAINTIFFS' CO-LEAD COUNSEL AND CLAIMS ADMINISTRATOR REPORT REGARDING THE COST OF SETTLEMENT NOTICE AND ADMINISTRATIVE COSTS AND MOTION to Approve Settlement Notice and Administration Costs in Excess of $100,000.00 to a Single Vendor. Second Quarter 2009. Document filed by Leslie Cooper, Ester Grace Javier, Robert Ross, Randal Wachsmuth, Camille Laplaca-Post, Andrea Kune, Jonathan Lipner, Julie Finkelman, Howard Steinlauf, Michael H. Oshry, Diane Lynch, Tim Lynch, S. Byron Balbach, Jr, Pamela Geller Oshry, Caran Ruga, Jeanne H. Balbach, Robert L. Donald, Joshua Rubin, Gilbert Schrank, Elizabeth A. Fischer, Jennifer Herbst, Herbert Berger, Jessica Baker, Woodrow Clark, Matthew Grabell, Paul Impellezzeri, Richard Mandell, Cherie R. Donald, Inducon Park Associates, Inc. Relates to All Actions.(rjm) (Entered: 07/23/2009)
LETTER addressed to Judge William H. Pauley, III from Peter H. Smith dated 7/11/09 re: As a member of the settlement class in this lawsuit, I object to the proposed settlement, plan of allocation, and attorneys' fee award. (rjm) (Entered: 07/21/2009)
LETTER addressed to Judge William H. Pauley, III from Edward John Hasbrouck dated 7/6/09 re: As a member of the settlement class and an expert on the subject matter of this lawsuit, I continue to object to the proposed settlement, plan of allocation, and fee award. Document filed by Edward John Hasbrouck.(rjm) (Entered: 07/17/2009)
ENDORSED LETTER addressed to Judge William H. Pauley, III from Christopher G. Karagheuzoff dated 7/14/09 re: We write on behalf of the NAF to respectfully request that the court extend from 7/17/09, to and including 8/17/09, the date by which the NAF must respond to the FAC. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 7/16/09) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 07/17/2009)
ENDORSED LETTER addressed to Judge William H. Pauley, III from Merrill G. Davidoff dated 6/30/09 re: Mr. Chesler was kind enough to accommodate a scheduling problem I developed by agreeing to conduct the scheduled arguments in the above-captioned matter on July 31, 2009 instead of July 30, 2009. ENDORSEMENT: Application granted in part. This Court will hear argument on the motions on September 16, 2009 at 4:00pm. (Signed by Judge William H. Pauley, III on 7/13/09) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(rjm) (Entered: 07/14/2009)
SUPPLEMENTAL SPECIAL MASTER'S REPORT. The purpose of this supplemental report is to advise the Court as to the updated results of the audit program and its effect on the estimated refund amount for Option 1 Claimants... and as further set forth.(rjm) (Entered: 07/07/2009)
ORDER....in view of the importance of these issues, this Court is scheduling a further hearing and inviting comments on the Supplemental Special Master Report. Accordingly, this Court orders the following: Class Counsel shall serve a copy of the Supplemental Special Master Report with exhibits and this Order on all counsel of record and any pro se parties and shall post an electronic copy of the Supplemental Report and this Order on the Claims Administrator's website......This Court will conduct a hearing concerning the issues raised by the Supplemental Report in Courtroom 11D 500 Pearl Street, NY NY, on 8/6/09 at 11:00 am. Any individual wishing to address the Court at the 8/6/09, hearing must notify the Court in writing by 8/3/09. (Signed by Judge William H. Pauley, III on 7/2/09) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP Copies sent by chambers.(cd) (Entered: 07/02/2009)
MEMORANDUM & ORDER; Plaintiffs move to consolidate these two related actions no 04 cv 5723 and 05 cv 7116 for pretrial and trial purposes. For the reasons set forth in this Memorandum and Order, Plaintiffs' motion is denied without prejudice; Moreover, because that lead is not guaranteed, this Court will entertain a renewed application to consolidate the cases for trial in the event circumstances change.. (Signed by Judge William H. Pauley, III on 6/18/09) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP(ae) (Entered: 06/18/2009)
ENDORSED LETTER addressed to Judge William H. Pauley III from Merrill G. Davidoff dated 6/11/2009 re: We write jointly on behalf of Plaintiffs and Defendants in the above matter to request that the Court fix June 23 and June 25, 2009 as the respective reply dates for Defendants Motion to Amend the Answer and Plaintiffs Renewed Motion for Class Certification an allow the parties to file reply briefs of up to 15 pages in length. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge William H. Pauley, III on 6/15/2009) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(jmi) Modified on 6/16/2009 (jmi). (Entered: 06/16/2009)
Copy of LETTER addressed to Judge William H. Pauley, III from Merrill G. Davidoff dated 12/2/08 re: I am writing to alert your Honor to a development unrelated to this litigation, but which does relate to Heffler, Radetich & Saitta, LLC, the Court approved Settlement Administrator. (rjm) (Entered: 06/08/2009)
Copy of LETTER addressed to Judge William H. Pauley, III from Merrill G. Davidoff, Bonny E. Sweeney dated 4/14/08 re: Plaintiffs write to answer questions your Honor raised at the 3/31/08 Final Approval Hearing. (rjm) (Entered: 06/08/2009)
ORDER. Plaintiffs' motion for leave to file their proposed First Amended Class Action Complaint (Docket No. 115) is granted. Plaintiffs shall file their First Amended Class Action Complaint by June 17, 2009. Defendants shall respond to the First Amended Class Action Complaint by July 17, 2009. granting (115) Motion to Amend/Correct in case 1:05-cv-07116-WHP; granting (674) Motion to Amend/Correct in case 1:01-md-01409-WHP. (Signed by Judge William H. Pauley, III on 6/3/09) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 06/03/2009)
ORDER: The disbursements from the CRIS Principal Settlement Fund shall be made for the following amounts and payees: (i) the amount of $593,553.22 made payable to Heffler Radetich & Saitta, LLP (Claims Administrator); and (ii) the amount of $1,894.00 made payable to Analysis Research Planning Corporation. ORDER in case 1:04-cv-05723-WHP; granting (694) Motion to Approve in case 1:01-md-01409-WHP. (Signed by Judge William H. Pauley, III on 5/26/09) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP Copies Mailed by Chambers.(db) (Entered: 05/27/2009)
AFFIDAVIT of Ronald A. Bertino, CPA REGARDING THE COSTS OF ADMINISTRATION THROUGH MARCH 31, 2009 in Support re: 694 MOTION to Approve Settlement Notice and Administration Costs in Excess of $100,000.00 to a Single Vendor. Document filed by Leslie Cooper, Ester Grace Javier, Robert Ross, Randal Wachsmuth, Camille Laplaca-Post, Andrea Kune, Jonathan Lipner, Julie Finkelman, Howard Steinlauf, Michael H. Oshry, Diane Lynch, Tim Lynch, S. Byron Balbach, Jr, Pamela Geller Oshry, Caran Ruga, Jeanne H. Balbach, Herve Senequier, Robert L. Donald, Joshua Rubin, Gilbert Schrank, Elizabeth A. Fischer, Jennifer Herbst, Herbert Berger, Jessica Baker, Cherie R. Donald, Inducon Park Associates, Inc. Relates to All Actions. (rjm) (Entered: 05/26/2009)
PLAINTIFFS' CO-LEAD COUNSEL AND CLAIMS ADMINISTRATOR REPORT REGARDING THE COST OF SETTLEMENT NOTICE AND ADMINISTRATIVE COSTS AND MOTION for Approval of Settlement Notice and Administration Costs in Excess of $100,000.00 to a Single Vendor (First Quarter 2009). Document filed by Leslie Cooper, Ester Grace Javier, Robert Ross, Randal Wachsmuth, Camille Laplaca-Post, Andrea Kune, Jonathan Lipner, Julie Finkelman, Howard Steinlauf, Michael H. Oshry, Diane Lynch, Tim Lynch, S. Byron Balbach, Jr, Pamela Geller Oshry, Caran Ruga, Jeanne H. Balbach, Herve Senequier, Robert L. Donald, Joshua Rubin, Gilbert Schrank, Elizabeth A. Fischer, Jennifer Herbst, Herbert Berger, Jessica Baker, Cherie R. Donald, Inducon Park Associates, Inc. Relates to All Actions.(rjm) (Entered: 05/26/2009)
ENDORSED LETTER addressed to Judge William H. Pauley from Merrill G. Davidoff dated 5/14/09 re: The parties would be available to appear before your Honor anytime on May 29th, the afternoon of June 4th, or anytime June 5th, if any of those dates are convenient for the Court. We would respectfully request that the hearing be again rescheduled for any of those dates/times or a subsequent date convenient to your Honor. ENDORSEMENT: Application granted. This Court will hear oral argument on plaintiffs motion to consolidate 6/5/09 at 11:00am., (Oral Argument set for 6/5/2009 at 11:00 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 5/18/09) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 05/19/2009)
SCHEDULING ORDER. Oral Argument on Plaintiffs motion to consolidate this action with Ross v American Express Co., No. 04-5723, is re-scheduled for May 28, 2009, at 3:00pm. Oral Argument set for 5/28/2009 at 03:00 PM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 5/13/09). Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP (rjm) (Entered: 05/14/2009)
SCHEDULING ORDER No. 7. Oral argument on Plaintiffs' motion to consolidate this action with Ross v. Bank of America, No. 05 Civ. 7116, is re-scheduled for May 28, 2009, at 3:00 p.m. Oral Argument set for 5/28/2009 at 03:00 PM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 5/13/09). Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(rjm) (Entered: 05/14/2009)
REPLY MEMORANDUM OF LAW in Support re: 681 MOTION to Consolidate Cases 1:04-cv-5723, 1:05-cv-7116 for Pre-Trial and Trial Purposes. Relates to 01md1409, 04-5723, 05-7116. (rjm) (Entered: 05/13/2009)
OPPOSITION TO PLAINTIFFS' MOTION TO CONSOLIDATE TWO RELATED MATTERS IN MDL 1409 FOR PRETRIAL AND TRIAL PURPOSES re: 681 MOTION to Consolidate Cases 1:04-cv-5723, 1:05-cv-7116. Relates to 01md1409, 04-5723, 05-7116. (rjm) (Entered: 05/12/2009)
ORDER ADMITTING COUNSEL PRO HAC VICE granting (121) Motion for Zachary G. Parks to Appear Pro Hac Vice for defendants JPMorgan Chase & Co. and Chase Bank USA, N.A. in case 1:05-cv-07116-WHP. (Signed by Judge William H. Pauley, III on 5/4/2009) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(jmi) Modified on 5/11/2009 (jmi). (Entered: 05/05/2009)
ORDER granting (114) Motion to Seal Document in case 1:04-cv-05723-WHP. Plaintiffs' motion to file under seal their Memorandum in Support of Plaintiffs' Renewed Motion for Class Certification and the accompanying Declaration of David Langer is granted (Docket No. 114). (Signed by Judge William H. Pauley, III on 5/4/2009) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(jmi) (Entered: 05/05/2009)
ORDER CONCERNING THE USE OF DISCOVERY PRODUCED BY AMERICAN EXPRESS IN THE RELATED CASE ROSS, ET AL. V. BANK OF AMERICA, N.A., ET AL., NO 05-CV-7116 WHP (S.D.N.Y.)regarding the procedures to be followed that shall govern the handling of Discovery Produced by American Express in the Related Case Ross., etal. v Bank of America, N.A., etal. 05-7116 (WHP), and as further set forth. (Signed by Judge William H. Pauley, III on 4/27/09) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 04/28/2009)
ORDER granting (107) Motion for Christopher M. Burke to Appear Pro Hac Vice in case 1:04-cv-05723-WHP. (Signed by Judge William H. Pauley, III on 4/27/09) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(rjm) (Entered: 04/28/2009)
ORDER granting (106) Motion for Kristen M. Anderson to Appear Pro Hac Vice in case 1:04-cv-05723-WHP. (Signed by Judge William H. Pauley, III on 4/27/09) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(rjm) (Entered: 04/28/2009)
DECLARATION of Gregory K. Arenson in Support re: 681 MOTION to Consolidate Cases 1:04-cv-5723, 1:05-cv-7116. Relates to 04-5723, 05-7116. (rjm) (Entered: 04/22/2009)
MEMORANDUM OF LAW in Support re: 681 MOTION to Consolidate Cases 1:04-cv-5723, 1:05-cv-7116. Document filed by Leslie Cooper, Robert Ross, Camille Laplaca-Post, Andrea Kune, Jonathan Lipner, Howard Steinlauf, Michael H. Oshry, Diane Lynch, Tim Lynch, S. Byron Balbach, Jr, Pamela Geller Oshry, Caran Ruga, Jeanne H. Balbach, Herve Senequier, Robert L. Donald, Joshua Rubin, Gilbert Schrank, Elizabeth A. Fischer, Jennifer Herbst, Herbert Berger, Jessica Bake r, Cherie R. Donald, Inducon Park Associates, Inc. Relates to 04-5723, 05-7116. (rjm) (Entered: 04/22/2009)
PLAINTIFFS' MOTION to Consolidate Two Related Matters in MDL 1409; 1:04-cv-5723, 1:05-cv-7116, For Pre-Trial and Trial Purposes. Document filed by Leslie Cooper, Robert Ross, Camille Laplaca-Post, Andrea Kune, Jonathan Lipner, Howard Steinlauf, Michael H. Oshry, Diane Lynch, Tim Lynch, S. Byron Balbach, Jr, Pamela Geller Oshry, Caran Ruga, Jeanne H. Balbach, Herve Senequier, Robert L. Donald, Joshua Rubin, Gilbert Schrank, Elizabeth A. Fischer, Jennifer Herbst, Herbert Berger, Jessica Baker, Cherie R. Donald, Inducon Park Associates, Inc. Proposed Order attached. Relates to 04-5723, 05-7116.(rjm) (Entered: 04/22/2009)
SCHEDULING ORDER. All counsel in this civil action having appeared before the Court for a status conference on March 20, 2009, the following schedule is established on consent of the parties:1. Due dates with respect to the motion to certify the damages class are as follows: (a) Plaintiffs shall file and serve their motion and opening memorandum on or before April 22, 2009.(b) Defendants shall file and serve their opposition on or before May 22, 2009. (c) Plaintiffs shall file and serve a reply, if any, on or before June 17, 2009. 2. Due dates with respect to Defendants' motion to amend their Answer to interpose an additional defense of release based on the settlement in Lipuma v. American Express Co., et al., No. 04-20314-civ (S.D. Fla.) are as follows: (a) Defendants shall file and serve their motion and opening memorandum on or before April 22, 2009. (b) Plaintiffs shall file and serve their opposition on or before May 22, 2009. (c) Defendants shall file and serve a reply on or before June 17, 2009. 3. Defendants are granted leave to move to decertify the injunctive relief class on or before April 22, 2009 without pre-motion letter practice. If Defendants so move to decertify the injunctive relief class, the schedule for briefing the motions to certify the damages class, to amend the Answer, and to decertify the injunctive relief class will be extended concurrently and the due dates shall be: (a) Motion and opening memorandum shall be due on or before April 22, 2009. (b) Oppositions shall be due on or before June 5, 2009. (c) Replies shall be due on or before July 1, 2009. If Defendants otherwise seek to move to decertify the injunctive relief class, they shall do so pursuant to this Court's pre-motion letter practice, unless otherwise ordered. 4. If American Express does not move to decertify the injunction class, the Court shall hear oral argument on class certification and Defendants' amendment to their Answer on 7/30/09, at 11:00am. If American Express moves to decertify the injunction class, the Court shall hear oral argument on class certification of the damages class, decertification of the injunction class and Defendants' amendment to their Answer on 7/30/09, at 11:00am. 5. Any party intending to seek summary judgment shall submit a pre-motion letter to the Court requesting leave to so move on July 17, 2009. The other party shall have ten days to respond. 6. A pre-motion conference regarding summary judgment briefing shall be held on 7/30/09, at 11:00am. during which conference the Court will address setting a briefing schedule and a date for oral argument. 7. The above motions shall be made on the present record, except as allowed by Order of Court for good cause shown or by agreement of the parties. The parties may rely on any materials from now existing fact and expert discovery in MDL 1409 to support their positions. No additional expert reports shall be submitted regarding class certification, without leave of Court for good cause shown or by agreement of the parties. Motions due by 4/22/2009. Responses due by 5/22/2009 Replies due by 6/17/2009. Pre-Motion Conference set for 7/30/2009 at 11:00 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 4/22/09) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(rjm) (Entered: 04/22/2009)
ORDER. The parties present two disputes: (1) the scope of the record for a proposed class certification motion and possible de-certification motion; and (2) restrictions on the scope of inquiry by Plaintiffs of current and former American Express employees for discovery conducted in the Ross v. Bank of America action... Accordingly, this Court will enter Plaintiffs' proposed scheduling order without modification. With respect to the scope of inquiry of current and former American Express employees by Plaintiffs in Ross v. Bank of America, No. 05 Civ. 7116, Defendant American Express's proposal to limit discovery taken by Plaintiffs pursuant to Paragraphs 3(b) and 3(c) is reasonable. However, this Court finds that American Express's request to restrict discovery taken pursuant to Paragraph 3(d) is not warranted. The parties shall submit a revised order consistent with these rulings by April 28, 2009. (Signed by Judge William H. Pauley, III on 4/22/09) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP(rjm) (Entered: 04/22/2009)
NOTICE of Substitution of Attorney. Old Attorney: Beatie and Osborn LLP; Russel H. Beatie; Daniel A. Osborn, New Attorney: Osborn Law, P.C.; Daniel A. Osborn, Address: Osborn Law, P.C., 295 Madison Avenue, Suite 3900, New York, New York, United States 10017, 212-725-9800. Document filed by Herbert Berger, Herbert A. Berger. Filed In Associated Cases: 1:01-md-01409-WHP, 1:06-cv-15447-WHP(Osborn, Daniel) (Entered: 04/22/2009)
ENDORSED LETTER addressed to Judge William H. Pauley III from Merrill G. Davidoff dated 4/17/2009 re: Because of scheduling issues plaintiffs requested two business days extension of the deadline for their "re-opening" class brief from April 22nd until April 24th, 2009. The AMEX defendants' deadline would be extended by a corresponding two days. ENDORSEMENT: Application granted. SO ORDERED. ( Brief due by 4/24/2009.) (Signed by Judge William H. Pauley, III on 4/20/2009) (jmi) (Entered: 04/21/2009)
STIPULATION FOR ENTRY OF A CONFIDENTIALITY ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge William H. Pauley, III on 4/20/2009) (jmi) (Entered: 04/21/2009)
MEMORANDUM OF LAW in Support re: 674 MOTION to Amend/Correct. Document filed by Leslie Cooper, Ester Grace Javier, Randal Wachsmuth, Camille Laplaca-Post, Andrea Kune, Jonathan Lipner, Julie Finkelman, Howard Steinlauf, Michael H. Oshry, Diane Lynch, Tim Lynch, S. Byron Balbach, Jr, Pamela Geller Oshry, Caran Ruga, Jeanne H. Balbach, Robert L. Donald, Joshua Rubin, Gilbert Schrank, Elizabeth A. Fischer, Jennifer Herbst, Herbert Berger, Jessica Baker, Cherie R. Donald, Inducon Park Associates, Inc.. (jmi) (Entered: 04/15/2009)
PLAINTIFFS' MOTION to Amend/Correct the Complaint. Document filed by Leslie Cooper, Robert Ross, Randal Wachsmuth, Camille Laplaca-Post, Andrea Kune, Jonathan Lipner, Howard Steinlauf, Michael H. Oshry, Diane Lynch, Tim Lynch, S. Byron Balbach, Jr, Pamela Geller Oshry, Caran Ruga, Jeanne H. Balbach, Herve Senequier, Robert L. Donald, Joshua Rubin, Gilbert Schrank, Elizabeth A. Fischer, Jennifer Herbst, Herbert Berger, Jessica Baker, Cherie R. Donald, Inducon Park Associates, Inc..(jmi) (Entered: 04/15/2009)
SCHEDULING ORDER: Motions due by 4/17/2009. Responses due by 5/1/2009 Replies due by 5/8/2009. Oral Argument set for 5/20/2009 at 04:00 PM before Judge William H. Pauley III. SO ORDERED (Signed by Judge William H. Pauley, III on 4/7/2009) (jmi) (Entered: 04/08/2009)
ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Alexandra S. Bernay for Robert Ross, Andrea Kune, S. Byron Balbach, Jr and Herve Senequier admitted Pro Hac Vice. (Signed by Judge William H. Pauley, III on 4/6/2009) (jmi) (Entered: 04/07/2009)
AGREED ORDER On the joint request of the parties, the Court hereby Orders as follows: The April 6, 2009 deadline for asserting additional causes of action or claims or prayers for relief, as stated in of this Court's Order of March 31,2009, is reset to April 14, 2009. SO ORDERED. (Signed by Judge William H. Pauley, III on 4/6/2009) (jmi) (Entered: 04/07/2009)
ORDER. The March 31, 2009 deadline for asserting additional causes of action or claims or prayers for relief, as stated in paragraph 1 of this Court's Scheduling Order of March 9, 2009, is reset to April 6, 2009. No pre-motion letter is required in connection with any filing on this revised deadline, or with respect to any other filing as to which a deadline was established in paragraph 1 of this Court's Scheduling Order. Entered as Doc. No. 111 in 05-7116. (Signed by Judge William H. Pauley, III on 3/30/09) (rjm) (Entered: 03/31/2009)
SCHEDULING ORDER. The parties have met and conferred on the subject of pre-trial discovery and other scheduling matters in this matter. On January 23, 2009, the Court conducted a status conference to address the same topics. On February 3, 2009, the Court convened a telephonic conference to further discuss scheduling issues with the parties. Pursuant to Fed.R.Civ.P. Rule 16(b), this Order embodies and reflects the Court's rulings made during those conferences, and the parties' scheduling agreements. No additional causes of action, or claims for relief or prayers for relief, may be asserted after March 31, 2009. No additional parties may be joined after May 15, 2009. No additional affirmative defenses may be asserted after April 30, 2009, other than by any new parties which may be joined. Written and document discovery may begin immediately. Fact witness depositions may commence on or after March 16, 2009. Each side is collectively limited to 25 fact witness depositions. This ruling presumes that the parties are able to reach agreement on the use of depositions from Ross v. American Express Co., No. 04 Civ. 5723 (WHP) (SD.N.Y.), and In re Currency Conversion Fee Antitrust Litigation, Master File No. M 21-95; MDL No. 1409 (S.D.N.Y.). A party may seek leave to modify these limits for good cause shown. The parties' responses to any interrogatories subject to Local Rule 33.3(c) shall be due two weeks following the date on which the parties' respective merits expert reports are due. Fact discovery shall be completed by January 29, 2010. No depositions will be taken, or other discovery scheduled to be due, during the interval from December 21, 2009 through January 6, 2010. Due dates with respect to class certification are as follows: (a) Plaintiffs will serve their expert report(s) on class certification on June 3, 2009. Plaintiffs will make available for deposition by July 10, 2009 any experts whose reports they have served. (b) Defendants will serve their expert report(s) on class certification on July 31, 2009. Defendants will make available for deposition by August 21, 2009 any experts whose reports they have submitted in support of their opposition papers. (c) Plaintiffs will serve their rebuttal expert report(s) on class certification on September 11, 2009. Plaintiffs will make available for deposition by September 30, 2009 any experts whose rebuttal reports they have served. (d) Plaintiffs will file and serve their class certification motion and supporting brief by October 5, 2009. (e) Defendants will file and serve their opposition papers by November 4, 2009. (f) Plaintiffs will file and serve their reply in support of class certification by November 25, 2009. 8. Due dates with respect to merits expert reports are as follows: (a) Plaintiffs' merits expert report(s) shall be served by March 5, 2010, and their experts made available for deposition with respect to such reports by April 2, 2010. (b) Defendants' expert report(s) shall be served by May 14, 2010, and their experts made available for deposition with respect to such reports by June 4, 2010. (c) Plaintiffs' rebuttal expert report(s), if any, shall be served by June 18, 2010, and the experts who have submitted such rebuttal reports made available for deposition with respect to such reports by July 9, 2010. 9. In accordance with the Court's Rules of Individual Practice, the parties will submit pre- motion letters regarding any dispositive motions no later than July 23, 2010. 10. The parties will submit a joint letter to the Court concerning the status of the case on February 1, 2010, with the letter to be followed by a status conference with the Court. Relates to 01md1409, 05-7116. Deadlines set only in Case No. 05-7116. (Signed by Judge William H. Pauley, III on 3/9/09) (rjm) (Entered: 03/10/2009)
ORDER This Court received the attached letter from Joyce Roberta Miller-Alper onFebruary 18, 2009. In the future, Defendants should direct such inquiries to class counsel not to the Court. Class counsel shall provide Ms. Miller-Alper a letter updating her as to the status of the litigation by March 10,2009. (Signed by Judge William H. Pauley, III on 2/24/2009)Copies Mailed By Chambers. Filed In Associated Cases: 1:01-md-01409-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(jmi) Modified on 3/5/2009 (jmi). (Entered: 02/25/2009)
ORDER that, pursuant to Paragraph 3(t) of the Stipulation and Agreement of Settlement preliminarily approved by this Court on November 8, 2006 and this Court's October 22, 2007 Amended Order, the Clerk of the Court is directed to draw checks from the Principal Settlement Fund, designated as account no. 07-cc-000l-l with the Court Registry Investment System ("CRIS"), made payable to the Claims Administrator, the Special Master and Analysis Research Planning Corporation in the amounts indicated below, and to send these checks by overnight mail, no later,than Monday, March 9, 2009, to Co-Lead Counsel Berger & Montague, P.C., c/o Merrill G. Davidoff, Esq., 1622 Locust Street, Philadelphia, PA 19103, for distribution to these payees. The disbursements from the CRIS Principal Settlement Fund shall be made for the following amounts and payees: (i) the amount of $816,160.92 made payable to Herner Radetich & Saitta, LLP (Claims Administrator); (ii) the amount of $39,552.09 made payable to Francis E. McGovern (Special Master); and (iii) the amount of $59,570.62 made payable to Analysis Research Planning Corporation. SO ORDERED (Signed by Judge William H. Pauley, III on 2/24/2009)Copies Mailed By Chambers Filed In Associated Cases: 1:01-md-01409-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(jmi) Modified on 3/5/2009 (jmi). (Entered: 02/25/2009)
AFFIDAVIT of Ronald A. Bertino, CPA REGARDING THE COSTS OF ADMINISTRATION THROUGH DECEMBER 31, 2008 in Support re: 664 MOTION to Approve Settlement Notice and Administration Costs in excess of $100,000.00 to a Single Vendor. Fourth Quarter 2008. Document filed by Leslie Cooper, Ester Grace Javier, Robert Ross, Randal Wachsmuth, Camille Laplaca-Post, Andrea Kune, Jonathan Lipner, Julie Finkelman, Howard Steinlauf, Michael H. Oshry, Diane Lynch, Tim Lynch, S. Byron Balbach, Jr, Pamela Geller Oshry, Caran Ruga, Jeanne H. Balbach, Herve Senequier, Robert L. Donald, Joshua Rubin, Gilbert Schrank, Elizabeth A. Fischer, Jennifer Herbst, Herbert Berger, Jessica Baker, Cherie R. Donald, Inducon Park Associates, Inc. Relates to All Actions. (rjm) (Entered: 02/24/2009)
PLAINTIFFS' CO-LEAD COUNSEL AND CLAIMS ADMINISTRATOR REPORT REGARDING THE COST OF SETTLEMENT NOTICE AND ADMINISTRATIVE COSTS AND MOTION for Approval of Settlement Notice and Administration Costs in excess of $100,000.00 to a Single Vendor. Fourth Quarter 2008. Document filed by Leslie Cooper, Ester Grace Javier, Robert Ross, Randal Wachsmuth, Camille Laplaca-Post, Andrea Kune, Jonathan Lipner, Julie Finkelman, Howard Steinlauf, Michael H. Oshry, Diane Lynch, Tim Lynch, S. Byron Balbach, Jr, Pamela Geller Oshry, Caran Ruga, Jeanne H. Balbach, Robert L. Donald, Joshua Rubin, Gilbert Schrank, Elizabeth A. Fischer, Jennifer Herbst, Herbert Berger, Jessica Baker, Cherie R. Donald, Inducon Park Associates, Inc. Proposed Order attached. Relates to All Actions.(rjm) (Entered: 02/24/2009)
ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Kristen M. Anderson for Robert Ross, Andrea Kune, S. Byron Balbach, Jr and Herve Senequier admitted Pro Hac Vice. (Signed by Judge William H. Pauley, III on 2/13/2009) (jmi) (Entered: 02/17/2009)
ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Christopher M. Burke for Robert Ross and Randal Wachsmuth admitted Pro Hac Vice. (Signed by Judge William H. Pauley, III on 2/13/2009) (jmi) Modified on 2/17/2009 (jmi). (Entered: 02/17/2009)
ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Charles Pearsall Goodwin for Robert Ross and Randal Wachsmuth admitted Pro Hac Vice. (Signed by Judge William H. Pauley, III on 2/13/2009) (jmi) (Entered: 02/17/2009)
ORDER. On February 3, 2009, this Court held a brief teleconference with counsel for the parties regarding the class certification briefing schedule. The parties have agreed to submit a refined schedule for the class certification expert reports and class certification briefing. Relates to 01md1409, 05-7116. (Signed by Judge William H. Pauley, III on 2/6/09) (rjm) (Entered: 02/09/2009)
ORDER. This Court will hold a teleconference with the parties on 2/3/09, 5:30pm to discuss the proposed class certification briefing schedule. (Telephone Conference set for 2/3/2009 at 05:30 PM before Judge William H. Pauley III.). Relates to 01md1409, 05-7116. (Signed by Judge William H. Pauley, III on 1/30/09) (rjm) (Entered: 02/02/2009)
AGREED ORDER FIXING TIME TO ANSWER FOR DISCOVER DEFENDANTS. IT IS HEREBY ORDERED that the Discover Defendants shall file and serve their answer(s) to Plaintiffs' Complaint on or before February 23, 2009. This Document relates to 01md1409, 05-7116. (Signed by Judge William H. Pauley, III on 1/28/09) (rjm) (Entered: 01/29/2009)
ORDER. The current stay on discovery with respect to defendants Novus Credit Services, Inc., Discover Financial Services, Inc. (Discover Financial Services, Inc. is now Discover Financial Services LLC) and Discover Bank (collectively, Discover) is lifted. Relates to 01md1409, 05-7116. (Signed by Judge William H. Pauley, III on 1/23/09) (rjm) (Entered: 01/26/2009)
MEMORANDUM AND ORDER... For the reasons stated in this memorandum and order, Discover's motion to dismiss for lack of Article III standing and antitrust standing is denied. Defendants' motions to strike Plaintiffs' jury demand are granted... and as further set forth. This Document relates to 01md1409, 05-7116. (Signed by Judge William H. Pauley, III on 1/21/09) (rjm) (Entered: 01/22/2009)
NOTICE of Filing of Status Report Concerning the Auditing of Claims and the Settlement Administration Process. Document filed by Leslie Cooper, Ester Grace Javier, Robert Ross, Randal Wachsmuth, Camille Laplaca-Post, Andrea Kune, Jonathan Lipner, Julie Finkelman, Howard Steinlauf, Michael H. Oshry, Diane Lynch, Tim Lynch, S. Byron Balbach, Jr, Pamela Geller Oshry, Caran Ruga, Jeanne H. Balbach, Herve Senequier, Robert L. Donald, Joshua Rubin, Gilbert Schrank, Elizabeth A. Fischer, Jennifer Herbst, Herbert Berger, Jessica Baker, Cherie R. Donald, Inducon Park Associates, Inc. This Document Relates to All Actions. (rjm) (Entered: 12/17/2008)
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY... that Defendant Visa International Service Association substitutes (Brian P. Brosnahan of Kasowitz, Benson, Torres etc.), State Bar No. 112894(CA) as counsel of record in place of Brian P. Brosnahan (Heller Ehrman, LLP). Contact information for new counsel is as follows: Kasowitz, Benson, Torres & Friedman LLP 101 California Street, Suite 2050, San Francisco, CA 94111; Tel (415) 421-6140; Fax (415) 398-5030; email BBrosnahan@kasowitz.com. (Signed by Judge William H. Pauley, III on 12/8/08) Filed In Associated Cases: 1:01-md-01409-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(rjm) (Entered: 12/09/2008)
ORDER. This Court having reviewed the Report Regarding the Cost of Settlement Notice and Administrative Costs and Motion for Approval of Settlement Notice and Administration Cost:, in Excess of $100,000 to a Single Vendor for the Third Quarter 2008 and the Affidavit of Ronald A. Bertino, CPA, it is ORDERED that, pursuant to Paragraph 3(f) of the Stipulation and Agreement of Settlement preliminarily approved by this Court on November 8, 2006 and this Court's October 22, 2007 Amended Order, the Clerk of the Court is directed to draw checks from the Principal Settlement Fund, designated as account no. 07-cc-000l-l with the Court Registry Investment System ("CRIS"), made payable to the Claims Administrator and Analysis Research Planning Corporation in the amounts indicated below, and to send these checks by overnight mail, no later than Friday, November 28, 2008, to Co-Lead Counsel Berger & Montague, P.C., c/o Merrill G. Davidoff, Esq., 1622 Locust Street, Philadelphia, PA 19103, for distribution to these payees. The disbursements from the CRlS Principal Settlement Fund shall be made for the following amounts and payees: (i) the amount of $688,832.89 made payable to Heffler Radetich & Saitta, LLP (Claims Administrator); and (ii) the amount of $61,378.29 made payable to Analysis Research Planning Corporation. (Signed by Judge William H. Pauley, III on 11/24/08) Filed In Associated Cases: 1:01-md-01409-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(rjm) (Entered: 11/25/2008)
PLAINTIFFS' CO-LEAD COUNSEL AND CLAIMS ADMINISTRATOR REPORT REGARDING THE COST OF SETTLEMENT NOTICE AND ADMINISTRATIVE COSTS and MOTION to Approve Settlement Notice and Administration Costs in excess of $100,000.00 to a single vendor. Third Quarter 2008. Document filed by Leslie Cooper, Ester Grace Javier, Robert Ross, Randal Wachsmuth, Camille Laplaca-Post, Andrea Kune, Jonathan Lipner, Julie Finkelman, Howard Steinlauf, Michael H. Oshry, Diane Lynch, Tim Lynch, S. Byron Balbach, Jr, Pamela Geller Oshry, Caran Ruga, Jeanne H. Balbach, Herve Senequier, Robert L. Donald, Joshua Rubin, Gilbert Schrank, Elizabeth A. Fischer, Jennifer Herbst, Herbert Berger, Jessica Baker, Cherie R. Donald, Inducon Park Associates, Inc. This Document relates to all actions.(rjm) (Entered: 11/20/2008)
ORDER of USCA (Certified Copy) as to 433 Notice of Cross Appeal USCA Case Number 06-0091-cv, 06-0372-cv(XAP). A mandate having issued in error on 6/25/2007 for the above captioned matter, it is hereby ordered that the mandate in this case is RECALLED, restoring jurisdiction to this court. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 10/31/2008. (nd) (Entered: 11/03/2008)
TRUE COPY ORDER of USCA as to 433 Notice of Cross Appeal, 474 Notice of Appeal, filed by Bernd Bildstein. USCA Case Number 06-0091-cv, 06-0372-cv(XAP). THEREFORE, the undersigned parties to the Foreign Currency Appeals further stipulate as follows, and respectfully request that the Court enter this stipulation. 1. The undersigned parties stipulate that each of the above-captioned related appeals continue to be withdrawn from active consideration without prejudice. This stipulation is without prejudice to the parties` ability to submit a revised stipulation, or or prior to October 31, 2009, seeking an extension of the period that these appeals be withdrawn from active consideration with leave to reactivate. 2. If not timely reactivated by October 31, 2009, and no extension of the period that these appeals be withdrawn from active consideration is timely sought, the appeals shall be withdrawn (See Hertzner v. Henderson, 292 F.3d 302 (2d Cir. 2002)). 3. Withdrawal of the appeals from active consideration shall not operate as a dismissal of the appeals under FRAP 42(b). Catherine O'Hagan Wolfe, Clerk USCA. Certified: 10/31/2008. (nd) (Entered: 11/03/2008)
TRUE COPY ORDER of USCA as to 431 Notice of Appeal, filed by Citibank (SD), N.A., Citicorp Diners Club, Universal Bank, N.A., Universal Financial Corp., Citigroup, Inc., 322 Notice of Interlocutory Appeal,, filed by Michael H. Oshry, Robert Ross, Julie Finkelman, Ester Grace Javier, Caran Ruga, Diane Lynch, Howard Steinlauf, Robert L. Donald, Randal Wachsmuth, Pamela Geller Oshry, S. Byron Balbach, Jr., Cherie R. Donald, Gilbert Schrank, Herve Senequier, Tim Lynch, Inducon Park Associates, Inc., Jeanne H. Balbach, Joshua Rubin, Andrea Kune, Camille Laplaca-Post, Leslie Cooper, Jonathan Lipner, 318 Notice of Appeal, filed by JP Morgan Chase & Co., Chase Manhattan Bank, USA, N.A., JP Morgan Chase Bank USCA Case Number 05-1869-cv(L), 05-1871-cv(CON), 05-2066-cv(XAP). THEREFORE, the undersigned parties to the Foreign Currency Appeals further stipulate as follows, and respectfully request that teh Court enter this stipulation. 1. The undersigned parties stipulate that each of the above-captioned related appeals continue to be withdrawn from active consideration without prejudice. This stipulation is without prejudice to the parties` ability to submit a revised stipulation, or or prior to October 31, 2009, seeking an extension of the period that these appeals be withdrawn from active consideration with leave to reactivate. 2. If not timely reactivated by October 31, 2009, and no extension of the period that these appeals be withdrawn from active consideration is timely sought, the appeals shall be withdrawn (See Hertzner v. Henderson, 292 F.3d 302 (2d Cir. 2002)). 3. Withdrawal of the appeals from active consideration shall not operate as a dismissal of the appeals under FRAP 42(b). Catherine O'Hagan Wolfe, Clerk USCA. Certified: 10/27/2008. (nd) (Entered: 10/29/2008)
ORDER... the Clerk of the Court is directed to draw checks from the Principal Settlement Fund, designated as account no. 07-cc-0001-1 with the Court Registry Investment System, made payable to the Claims Administrator, the Special Master and analysis Research Planning Corporation in the amounts indicated and th send these checks by overnight mail, no later than 9/10/08, to Co-Lead Counsel Berger & Montague. P.C., c/o Merrill G. Davidoff, Esq., 1622 Locust Street, Philadelphia, PA 19103, for distribution to these payees: $997,324.28 payable to Heffler Radetich & Saitta, LLP (Claims Administrator); $5,130.05 payable to Francis E. McGovern (Special Master); and $38,361.50 made payable to Analysis Research Planning Corporation. (Signed by Judge William H. Pauley, III on 9/9/08) Filed In Associated Cases: 1:01-md-01409-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(rjm) (Entered: 09/10/2008)
Class Membrs Milton J. Fontenot's and Ernest J. Browne's Objections to the Proposed Class Action Settlement. Document filed by Milton Fontenot, Ernest J. Browne. (djc) (Entered: 08/27/2008)
AFFIDAVIT of Ronald A. Bertino, CPA Regarding the Costs of Administration through June 30, 2008. Document filed by Leslie Cooper, Ester Grace Javier, Robert Ross, Randal Wachsmuth, Camille Laplaca-Post, Andrea Kune, Jonathan Lipner, Julie Finkelman, Howard Steinlauf, Michael H. Oshry, Phil Salvagio, Diane Lynch, Tim Lynch, S. Byron Balbach, Jr, Pamela Geller Oshry, Caran Ruga, Jeanne H. Balbach, Robert L. Donald, Joshua Rubin, Gilbert Schrank, Elizabeth A. Fischer, Jennifer Herbst, Herbert Berger, Jessica Baker, Cherie R. Donald, Inducon Park Associates, Inc.. (djc) (Entered: 08/21/2008)
Plaintiffs' Co-Lead counsel and Claims Administrator Report Regarding the Cost of Settlement Notice an Administrative Costs and Motion for Approval of Settlement Notice and Administration Costs in Excess of $100,000 to a Single Vendor. Document filed by Leslie Cooper, Ester Grace Javier, Robert Ross, Randal Wachsmuth, Camille Laplaca-Post, Andrea Kune, Jonathan Lipner, Julie Finkelman, Howard Steinlauf, Michael H. Oshry, Diane Lynch, Tim Lynch, S. Byron Balbach, Jr, Pamela Geller Oshry, Jeanne H. Balbach, Robert L. Donald, Joshua Rubin, Gilbert Schrank, Elizabeth A. Fischer, Jennifer Herbst, Jessica Baker, Cherie R. Donald, Inducon Park Associates, Inc.. (djc) (Entered: 08/21/2008)
DECLARATION of Joshua D. Wolson in connection with a notification set on behalf of the Chase defendants pursuant to 28 U.S.C. 1715, the Class Action Fairness Act, regarding the pending class action settlement now before the court. Document filed by J.P. Morgan Securities Inc.. (jmi) (Entered: 08/19/2008)
ORDER FOR ADMISSION PRO HAC VICE granting 616 Motion for Kenneth E. Nelson to Appear Pro Hac Vice. Kenneth E. Nelson shall be and hereby is admitted to practice pro hac vice as counsel for Rosalie Borgardts and Leonard Nelson, Class Members and Objectors in the above action. (Signed by Judge William H. Pauley, III on 8/15/08) (tro) (Entered: 08/18/2008)
PLAINTIFFS' OPPOSITION to Objectors Amy Corrigan, Edward A. Tarquinio and Peter G. Desimone's Motion for an award of Attorney Fees and Expenses. This Document relates to All Actions. (rjm) (Entered: 07/31/2008)
MOTION to Pay Costs from the Principal Settlement Fund Maintained with the Court Registry Investment System. The amounts to be paid are owed for notice and claims administration services provided by: The Claims Administrator ($781,729.88), the Special Master ($23,583.56), and the Analysis Research Planning Corporation ($59,490.78).This Document relates to all actions.(rjm) (Entered: 07/31/2008)
ORDER. On 6/27/08, this Court received the attached "Explanation of Billing by ARPC 2007 through May 2008." (Signed by Judge William H. Pauley, III on 7/10/08) Filed In Associated Cases: 1:01-md-01409-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(rjm) (Entered: 07/11/2008)
ORDER. This Court received the attached Statement of Expenses, which should replace Exhibit C to Co-Lead Counsel's 4/21/08 motion (Docket No. 628). (Signed by Judge William H. Pauley, III on 7/10/08) Filed In Associated Cases: 1:01-md-01409-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(rjm) (Entered: 07/11/2008)
ORDER that pursuant to paragraph 3(f) of the Stipulation and Agreement of Settlement preliminarily approved by this Court on 11/8/06 and this Court's 10/22/07 Amended Order, the Clerk of the Court is directed to draw checks from the Principal Settlement Fund, designated as account no. 07-cc-0001-1, with the Court Registry Investment System (CRIS), made payable to the Claims Administrator, the Special Master and Analysis Research Planning Corporation in the amounts indicated below, and to send these checks by overnight mail to Co-Lead Counsel Berger & Montague, P.C.; c/o Merrill G. Davidoff, Esq.; 1622 Locust Street; Philadelphia, PA 19103 for distribution to these payees. The disbursements from the CRIS Principal Settlement Fund shall be made for the following amounts and payees: the amount of $781,729.88 made payable to Heffler, Radetich & Saitta, LLP, (Claims Administrator); the amount of $23,583.56 made payable to Francis E. McGovern (Special Master); and the amount of $59,490.78 made payable to Analysis Research Planning Corporation. (Signed by Judge William H. Pauley, III on 7/9/08) Filed In Associated Cases: 1:01-md-01409-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(rjm) (Entered: 07/09/2008)
ORDER that pursuant to paragraph 3(f) of the Stipulation and Agreement of Settlement preliminarily approved by this Court on 11/8/06 and this Court's 10/22/07 Amended Order, the amount of $772,360.06 shall be paid to the Claims Administrator. The Clerk of the Court is directed to draw a check in this amount, made payable to Heffler, Radetich & Saitta, LLP, from the CRIS Principal Settlement Fund, account no. 07-cc-0001-1, and to send the check by overnight mail to Co-Lead Counsel Berger & Montague, P.C.; c/o Merrill G. Davidoff, Esq.; 1622 Locust Street; Philadelphia, PA 19103 for distribution to the Claims Administrator. (Signed by Judge William H. Pauley, III on 7/9/08) Filed In Associated Cases: 1:01-md-01409-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(rjm) (Entered: 07/09/2008)
ENDORSED LETTER addressed to Judge William H. Pauley from Merrill G. Davidoff dated 6/30/08 re: Request for a short two-business day extension for the deadline on the report until 7/15/08. ENDORSEMENT: "So Ordered." (Signed by Judge William H. Pauley, III on 7/9/08) (rjm) (Entered: 07/09/2008)
ORDER granting 628 Motion to Approve wire transfer funds to the Principal Settlement Fund Maintained with the Court Registry Investment System and to Pay Costs submitted by Plaintiffs' co-Lead counsel. Co-Lead Counsel are authorized to wire transfer the residual funds remaining from those received as Federal tax refunds for the years 2006 ($1,136,610) and 2007 ($1,826,225), after payment of the expenses listed below, plus any interest earned from the investment of these funds up to the date of the wire transfer, to the Principal Settlement Fund, maintained in the Court Regitry Investment System as account number 07-cc-0001-1. Co Lead Counsel shall cause the wire transfer of the funds to the CRIS account no later than five business days from the entry of this Order. It is Further Ordered that Co-Lead Counsel are authorized to withhold the amount of $954,441.96 from the wire transfer funds to pay for current expenses invoiced by the Claims Administrator, the Special Master and Analysis Research Planning Corporation. Co-Lead Counsel shall cause disbursements to be made for the following amounts, to the following payees: (i) the amount of $790,585.32 paid to Heffler Radetich & Saitta, LLP (Claims Administrator); (ii)the amount of $55,694.05 paid to Francis E. McGovern (Special Master); and (iii)the amount of $108,162.59 paid to Analysis Research Planning Corporation.(Signed by Judge William H. Pauley, III on 6/278/08); (COPY OF DOCUMENT FORWARDED TO CASHIERS' OFFICE) (djc) (Entered: 06/30/2008)
NOTICE of Filing of Settlement Notice and Claims Process Status Report. Document filed by Robert Ross, Randal Wachsmuth, Camille Laplaca-Post, Andrea Kune, Howard Steinlauf, Pamela Geller Oshry, Caran Ruga. This Document relates to All Actions. (rjm) (Entered: 06/10/2008)
PLAINTIFFS' CO-LEAD COUNSEL AND CLAIMS ADMINISTRATOR REPORT REGARDING THE COST OF SETTLEMENT NOTICE AND ADMINISTRATIVE COSTS and Motion for Approval of Settlement Notice and Administration Costs in Excess of $100,000.00 to a Single Vendor. First Quarter 2008. Proposed Order attached. This Document relates to All Actions. Document filed by Robert Ross, Randal Wachsmuth, Camille Laplaca-Post, Andrea Kune, Howard Steinlauf, Pamela Geller Oshry, Caran Ruga. (rjm) (Entered: 05/08/2008)
ORDER. This Court received the attached letter from William F. Milan, M.D. on 4/21/08. (Signed by Judge William H. Pauley, III on 4/30/08) Filed In Associated Cases: 1:01-md-01409-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(rjm) (Entered: 05/02/2008)
MOTION for Approval to Wire Transfer Funds to the Principal Settlement Fund Maintained with the Court Registry Investment System and to Pay Costs. This Document relates to All Actions. Proposed Order attached. Document filed by Robert Ross, Randal Wachsmuth, Camille Laplaca-Post, Andrea Kune, Howard Steinlauf, Pamela Geller Oshry, Caran Ruga.(rjm) (Entered: 04/29/2008)
Amendment to Objection. This Document relates to All Actions. Document filed by Thomas Carden, Judy Sargeant, Dylan L. Whisenhunt, Gloria E. Whisenhunt. (rjm) (Entered: 04/01/2008)
AFFIRMATION of Michael Andrew Fischer in Support of an Award of Legal Fees. This Document relates to all actions including the upcoming 3/31/08 hearing. Document filed by Elizabeth A. Fischer, Jennifer Herbst. (rjm) (Entered: 04/01/2008)
Plaintiffs' NOTICE of Filing of Supplemental Materials relating to 3/31/08 Hearing concerning Final Approval of Proposed Class Action Settlement. This Document relates to All Actions. Document filed by Leslie Cooper, Ester Grace Javier, Robert Ross, Randal Wachsmuth, Camille Laplaca-Post, Andrea Kune, Jonathan Lipner, Julie Finkelman, Howard Steinlauf, Michael H. Oshry, Diane Lynch, Tim Lynch, S. Byron Balbach, Jr, Pamela Geller Oshry, Caran Ruga, Jeanne H. Balbach, Herve Senequier, Robert L. Donald, Joshua Rubin, Gilbert Schrank, Elizabeth A. Fischer, Jennifer Herbst, Herbert Berger, Jessica Baker, Cherie R. Donald, Inducon Park Associates, Inc.. (rjm) (Entered: 04/01/2008)
ENDORSEMENT ORDER granting 588 Plaintiffs' MOTION for Leave to File Objections. Document filed by Pamela Geller Oshry. This Document relates to All Actions. (Signed by Judge William H. Pauley, III on 3/26/08) (rjm) (Entered: 03/28/2008)
ENDORSEMENT ORDER granting 587 MOTION to file under Seal the Declaration of Bonny E. Sweeney in Support of Plaintiffs' Reply Memorandum of Points and Authorities in Further Support of Motion for (1) Final Approval of Class Action Settlement; (2) Award of Attorneys' Fees and Expenses; and (3) Class Representatives' Petition for Incentive Awards. This Document relates to All Actions. (Signed by Judge William H. Pauley, III on 3/26/08) (rjm) (Entered: 03/28/2008)
REPLY MEMORANDUM OF LAW in Support re: 618 MOTION for Attorney Fees. Objector Cohen's Reply to Opposition by Plaintiffs to Cohen's Motion to be Awarded Attorney's Fees and Expenses. This Document relates to All Actions. Document filed by Benjamin Cohen. (rjm) (Entered: 03/26/2008)
(A) Opposition to Requests for Plaintiffs' Attorneys' Fees and Plaintiffs' Incentive Awards and (B) Notice of Motion, MOTION and Proposed Order to Award Objector Benjamin Cohen his Attorney's Fees and Expenses. This Document relates to All Actions. Document filed by Benjamin Cohen.(rjm) (Entered: 03/26/2008)
Objections to Class Action Settlement Agreement and Notice of Intent to Appear. Document filed by Rosalie Borgardts, Leonard Nelson. (rjm) (Entered: 03/26/2008)
ORDER that pursuant to Paragraph 3(f) of the Stipulation and Agreement of Settlement preliminarily approved by this Court on 11/8/06 and this Court's 10/22/07 Amended Order, the Clerk of the Court is directed to draw a check in the amount of $1,247,132.14, made payable to "Heffler Radetich & Saitta, LLP," from the Principal Settlement Fund, maintained in the Court Registry Investment System as account number 07-cc-0001-1. The Clerk of the Court shall send the check by overnight mail to Co-Lead Counsel Berger & Montague, P.C., c/o Merrill G. Davidoff, Esq., 1622 Locust Street, Philadelphia, PA 19103, for distribution to the Claims Administrator. This Document relates to All Actions. (Signed by Judge William H. Pauley, III on 3/14/08) (rjm) (Entered: 03/25/2008)
Second Supplemental Objections to the Settlement Agreement and to the Attorneys' Fees for Settlement Classes Counsel. This document relates to All Actions. Document filed by Edward M. Selfe, Jane B. Selfe. (rjm) (Entered: 03/25/2008)
MOTION for Leave to File Objections and Supplemental Objections. Document filed by Ernest J. Browne, Anne Cochran, Lawrence E. Schneider, Milton Fontenot.(rjm) (Entered: 03/25/2008)
Supplemental Objections to the Settlement Agreement and to the Attorneys' Fees for Settlement Classes Counsel. This Document relates to All Actions. Document filed by Edward M. Selfe, Jane B. Selfe. (rjm) (Entered: 03/25/2008)
NOTICE OF ENTRY OF APPEARANCE by Jessica Bishop and Intention to Appear at Fairness Hearing. This Document relates to All Cases. (rjm) (Entered: 03/25/2008)
Richard Walker's Notice of Objection and Intention to be heard with Argument and Supporting Memorandum of Law. This Document relates to All Actions. Document filed by Richard Walker. (rjm) (Entered: 03/25/2008)
Objections of Class Member Sebastian J. Mollo to Proposed Settlement, Plan of Allocation, and Award of Attorneys' Fees; Proof of Class Membership; and Notice of Intention to Appear at Hearing. Document filed by Sebastian J. Mollo. (rjm) (Entered: 03/25/2008)
Preliminary Objections to Class Action Settlement and Request for Attorney's Fees. Document filed by Kathleen McWhorter, William McWhorter. (rjm) (Entered: 03/25/2008)
Objection by Class Member to Proposed Settlement, Plan of Allocation, and Award of Attorneys' Fees; Proof of Class Membership; and Notice of Intention to Appear at Hearing. Document filed by Edward John Hasbrouck. (rjm) (Entered: 03/25/2008)
THIRD SUPPLEMENT TO OBJECTIONS OF JANE B. SELFE AND EDWARD M. SELFE TO THE SETTLEMENT AGREEMENT AND TO THE ATTORNEYS' FEES FOR SETTLEMENT CLASSES COUNSEL. Document filed by Edward M. Selfe, Jane B. Selfe. This Document relates to All Actions. (rjm) (Entered: 03/24/2008)
DECLARATION of Edward D. Rogers. Document filed by Washington Mutual Bank, Washington Mutual, Inc., New American Capital, Inc. This Document relates to All Actions. Filed In Associated Cases: 1:01-md-01409-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(rjm) (Entered: 03/18/2008)
ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Philip A. Downey for J. Andrew Downey admitted Pro Hac Vice. (Signed by Judge William H. Pauley, III on 3/7/08) (rjm) (Entered: 03/14/2008)
Objection to Proposed Class Action Settlement. CD attached. This Document relates to All Actions. Document filed by J. Andrew Downey. (rjm) Modified on 3/13/2008 (rjm). (Entered: 03/13/2008)
ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Angela Marie Dorrell for Dennis D. Gibson admitted Pro Hac Vice. This Document relates to All Actions. (Signed by Judge William H. Pauley, III on 3/5/08) (rjm) (Entered: 03/13/2008)
ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Christopher Joseph Braun for Dennis D. Gibson admitted Pro Hac Vice. This Document relates to All Actions. (Signed by Judge William H. Pauley, III on 3/5/08) (rjm). (Entered: 03/13/2008)
DECLARATION of Brian P. Brosnahan. Document filed by Visa U.S.A., Visa International Service Association, Inc., Mastercard International Incorporated. Attached Second Addendum to Network Cafe Notification of Proposed Class Action Settlement Volumes 2, 3 and 4 of 4. This Document relates to All Actions. (rjm) (Entered: 03/12/2008)
MEMO ENDORSEMENT on Motion to Seal and File Objections... for entry of an order to seal the Objections filed with this Court by Amy Corrigan, Edward A. Tarquinio, Peter G. DeSimone, Dennis D. Gibson, Jacob K. Jou, Shrenik Bavishi, and Ira E. Stoll ("Objections")... Further, plaintiffs move to file objections from Victoria M. Bhavsar, Benjamin Cohen, Kenneth L. Willeford, David H. Wright, Jeffrey B. Ehney, Kelby Scott Koenig, and Robert Shattuck, which were received by counsel but do not appear on the docket... and as further set forth. This document relates to All Actions except Waldman v. Citibank (South Dakota), N.A., and Schrank v. Citibank (South Dakota), N.A. (Signed by Judge William H. Pauley, III on 3/7/08) (rjm) (Entered: 03/12/2008)
MEMO ENDORSEMENT on Motion Document No. 559 Motion to File Objections. Plaintiffs move to file objections from Cliff Bamford, Karen curry, Betsy Jasinski, Gayle C. Buss, Whitney Sunderland, Sharon L. Taylor, Laura B. Borgia, Kenny Delafrange, Christopher L. Graeser, Jeremy Jacobsohn, Stacy L. Gage, Raymond Santangelo, Timothy Leatherman, Erin Anderson, Gary Joseph Bonas II and Gilbert Schrank, which was received by counsel but do not appear on the docket. In support of this motion, plaintiffs aver that counsel has received objection from sixteen individuals beginning with Cliff Bamford and ending with Sheldon V. Burman... This Document relates to All Actions. (Signed by Judge William H. Pauley, III on 3/7/08) (rjm) (Entered: 03/12/2008)
DECLARATION of David A. Langer in Support of Plaintiffs' re: 588 MOTION for Leave to File Objections. This Document relates to All Actions. Document filed by Pamela Geller Oshry. (rjm) (Entered: 03/11/2008)
REPLY MEMORANDUM OF Points and Authorities in Further Support of Motion for (1) Final Approval of Class Action Settlement; (2) Award of Attorneys' Fees and Expenses; and (3) Class Representatives' Petition for Incentive Awards. Document filed by Robert Ross, Randal Wachsmuth, Camille Laplaca-Post, Andrea Kune, Howard Steinlauf, Pamela Geller Oshry, Caran Ruga. This Document relates to All Actions. (rjm) (Entered: 03/11/2008)
DECLARATION of Bonny E. Sweeney (Redacted for Public Filing) in Support of Plaintiffs' Reply Memorandum of Points and Authorities in Further Support of Motion for (1) Final Approval of Class Action Settlement; (2) Award of Attorneys' Fees and Expenses; and (3) Class Representatives' Petition for Incentive Awards. Document filed by Robert Ross, Randal Wachsmuth, Camille Laplaca-Post, Andrea Kune, Howard Steinlauf, Pamela Geller Oshry, Caran Ruga. This Document relates to All Actions. (rjm) (Entered: 03/11/2008)
Plaintiffs' MOTION for Leave to File Objections. Document filed by Pamela Geller Oshry. This Document relates to All Actions.(rjm) (Entered: 03/11/2008)
MOTION to file under Seal the Declaration of Bonny E. Sweeney in Support of Plaintiffs' Reply Memorandum of Points and Authorities in Further Support of Motion for (1) Final Approval of Class Action Settlement; (2) Award of Attorneys' Fees and Expenses; and (3) Class Representatives' Petition for Incentive Awards. Document filed by Pamela Geller Oshry. This Document relates to All Actions.(rjm) (Entered: 03/11/2008)
MOTION TO EXTEND PAGE LIMITATION... for Leave to File an over-length Reply Memorandum of Points and Authorities in Further Support of Motion for (1) Final Approval of Class Action Settlement; (2) Award of Attorneys' Fees and Expenses; and (3) Class Representatives' Petition for Incentive Awards... that the page limitation be extended to 50 pages, which additional pages will assist the Court in evaluating the settlement agreement, Plaintiffs' Co-Lead Counsel's request for an award of attorneys' fees and expenses, and class representatives' petition for incentive awards. This Document relates to All Actions. Document filed by Pamela Geller Oshry.(rjm) (Entered: 03/11/2008)
DEFENDANTS' MEMORANDUM OF LAW IN SUPPORT OF FINAL APPROVAL OF PROPOSED CLASS ACTION SETTLEMENT. Document filed by Visa U.S.A., Visa International Service Association, Inc., Mastercard International Incorporated, Citigroup, Inc., Citibank (SD), N.A., Universal Financial Corp., Universal Bank, N.A., Citibank (Nevada), N.A., Citicorp Diners Club, Bank of America Corporation, Bank of America, N.A.(USA), Bank One Corporation, First USA Bank, N.A., J.P. Morgan Securities Inc., Chase Manhattan Bank, USA, N.A., Chase Manhattan Bank, Inc., Providian Financial Corporation, Providian National Bank, Inc., Providian Bank, Household Finance Corporation, Household Credit Services, Inc., Household International, Inc., MBNA Corporation, MBNA America Bank, N.A., Household Bank (SB) N.A. This Document relates to All Actions. (rjm) (Entered: 03/11/2008)
NOTICE OF CHANGE OF FIRM AND CONTACT INFORMATION by Jay N. Fastow and Denise Plunkett on behalf of Mastercard International Incorporated. New Address: Dickstein Shapiro LLP, 1177 Avenue of the Americas, New York, New York, USA 10036, (212) 277-6500. Please be advised that Fiona A. Schaeffer, Esq. and Weil, Gotshal & Manges LLP will continue to represent defendant MasterCard International Incorporated in the captioned case. This Document relates to All Actions. (rjm) (Entered: 03/11/2008)
DECLARATION of William R. Wade-Gery. Document filed by Bank of America Corporation, Bank of America, N.A.(USA), MBNA America Bank, N.A. This Document relates to All Actions. (rjm) (Entered: 03/10/2008)
ORDER. This Court received the attached letter from the United States of America objecting to the settlement in this action. (Signed by Judge William H. Pauley, III on 3/4/08) Filed In Associated Cases: 1:01-md-01409-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(rjm) (Entered: 03/07/2008)
ORDER RE: OBJECTION OF DENNIS D. GIBSON TO CLASS ACTION SETTLEMENT granting (508) Motion for Withdrawal of Objection re: (508 in 1:01-md-01409-WHP) MOTION Denial of Class Certification of Settlement Classes. in case 1:01-md-01409-WHP. (Signed by Judge William H. Pauley, III on 3/4/08) Filed In Associated Cases: 1:01-md-01409-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(rjm) (Entered: 03/07/2008)
ORDER. The Court received objections to the proposed settlement in this action from the following class members: Vincent L. Andella, Jr., Cliff Bamford, William B. Barrington, J. Andrew Downey, Jason B. Grosskopf, Ursula Ganz, Warren E. Halverson, Daniel M. McClure, Geoff Palmer, Patricia L. Rath, Francis L. Rost, Ann Ruckstuhl, Jane B. Selfe, Edward M. Selfe, James Wilson, Mark Schulte, and William Zorn. These objections do not appear on the docket sheet for this action. Copies, with account information redacted, are attached to this Order. (Signed by Judge William H. Pauley, III on 3/4/08) Filed In Associated Cases: 1:01-md-01409-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(rjm) (Entered: 03/07/2008)
ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Robert J. Patterson for Renee Salazar admitted Pro Hac Vice. (Signed by Judge William H. Pauley, III on 2/29/08) (rjm) (Entered: 03/04/2008)
(Plaintiffs' Co-Lead Counsel and Claims Administrator Report Regarding the Cost of Settlement Notice and Administrative Costs and) MOTION to Approve Settlement Notice and Administration Costs in excess of $100,000.00 to a Single Vendor. This Document relates to All Actions. Document filed by Robert Ross, Randal Wachsmuth, Camille Laplaca-Post, Andrea Kune, Howard Steinlauf, Pamela Geller Oshry, Caran Ruga.(rjm) (Entered: 02/28/2008)
FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION for Leave to Appear Pro hac vice on behalf of Robert J. Patterson, Esq., Watts Law Firm. Document filed by Renee Salazar.(Relkin, Ellen) Modified on 2/26/2008 (jar). (Entered: 02/26/2008)
OBJECTION TO PROPOSED SETTLEMENT AND NOTICE OF INTENT TO APPEAR by Darrell Palmer on behalf of Richard Melton Construction, Inc, Dirk F. Sutro. This Document relates to All Actions. (rjm) (Entered: 02/26/2008)
Objection to the Fairness, Adequacy and Reasonableness of the Proposed Class Action Settlement and to the Reasonableness of the Attorney's Fees. Document filed by Christopher A. Lotz. This Document relates to All Cases. (rjm) (Entered: 02/26/2008)
NOTICE OF APPEARANCE by Eugene A. Gaer on behalf of Victor A. Serafino Objection to Class Settlement and Application for Attorneys' Fees and Expenses. This Document relates to All Actions. (rjm) (Entered: 02/26/2008)
ORDER (this document relates to all actions): pursuant to Paragraph 3(f) of the Stipulation and Agreement of Settlement preliminarily approved by this Court on 11/8/2006 and this Court's 10/22/2007 Amended Order, the amount of $1,751,577.57 shall be paid to the Claims Administrator. Plaintiffs' Co-Lead Counsel shall cause the amount of $118,904.09, retained in the "Berger & Montague P.C. and Coughlin Stoia et al. Foreign Transaction Litigation Escrow" checking account maintained at Citizens Bank, to be disbursed to the Claims Administrator. The Clerk of the Court is directed to draw a check in the amount of $1,632,673.48, made payable to Heffler, Radetich & Saitta, LLP, from the CRIS Principal Settlement Fund, account no. 07-cc-0001-1, and to send the check by overnight mail, no later than Monday, 2/25/2008, to Co-Lead Counsel Berger & Montague, P.C., c/o Merrill G. Davidoff, Esq., 1622 Locust Street, Philadelphia, PA 19103, for distribution to the Claims Administrator. (Signed by Judge William H. Pauley, III on 2/20/2008) Filed In Associated Cases: 1:01-md-01409-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP Copies Mailed By Chambers. (kkc) (Entered: 02/22/2008)
ENDORSED LETTER addressed to Judge William H. Pauley III from Robert J. Patterson dated 2/14/08 re: request for an extension of time in order to secure Ms. Relkin's signatures on the Motion and Affidavit... ENDORSEMENT: Petitioner's time to file an application for admission pro hac vice is extended until 2/29/08. (Signed by Judge William H. Pauley, III on 2/20/08) (rjm) (Entered: 02/21/2008)
ORDER that upon consideration of Plaintiffs' Co-Lead Counsel's Motion to Extend Page Limitations ("Motion"), it is hereby ordered that: The Motion is granted; The page limitation for Plaintiffs' Memorandum of Points and Authorities in Support of Final Approval of Settlement shall be extended to 50 pages; and the page limitation for Plaintiffs' Co-Lead Counsel's Memorandum of Law in Support of Motion for an Award of Attorneys' Fees and Expenses shall be extended to 50 pages. (Signed by Judge William H. Pauley, III on 1/29/08) Filed In Associated Cases: 1:01-md-01409-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(rjm) (Entered: 02/15/2008)
MOTION to Intervene and in Objection to Settlement Agreement. Document filed by Ashley Shepherd. (Attachments: # 1 Exhibit)(Golanski, Alani) (Entered: 02/14/2008)
MOTION to Withdraw 508 MOTION Denial of Class Certification of Settlement Classes.. Document filed by Dennis D. Gibson. (Attachments: # 1 Text of Proposed Order)(Golanski, Alani) (Entered: 02/14/2008)
FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - MOTION Disapprove class settlement. MOTION for Hearing. Document filed by Christopher A. Lotz.(Treat, David) Modified on 2/14/2008 (db). (Entered: 02/13/2008)
FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - NOTICE of filing supplemental objections. Document filed by Lawrence E. Schneider. (Siegel, Edward) Modified on 2/14/2008 (db). (Entered: 02/13/2008)
FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - NOTICE of of Objection and Intent to Appear. Document filed by Rosalie Borgardts. (Tsai, Stephen) Modified on 2/14/2008 (db). (Entered: 02/13/2008)
MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS MOTION for (1) Final approval of class action settlement; (2) Award of attorneys' fees and expenses; and (3) Class Representatives' petition for incentive awards.Filed In Associated Cases: 1:01-md-01409-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP (jp) (Entered: 02/07/2008)
PLAINTIFFS MOTION for (1) Final approval of class action settlement; (2) Award of attorneys' fees and expenses; and (3) Class Representatives' petition for incentive awards. Appendix of Plaintiffs counsels declarations (vols. 1&2) attached.Filed In Associated Cases: 1:01-md-01409-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(jp) (Entered: 02/07/2008)
DECLARATION of Merrill G. Davidoff and Bonny E. Sweeney in Support of Plaintiffs' motion for final appproval of settlement with all defts and for an award of attys fees and reimbursement of expenses. (jp) (Entered: 02/06/2008)
Objection to Class Action Settlement and Request for Attorney's Fees and Notice of Intention to Appear of Class Members David Murray, Marion Murray, and Joel Shapiro. Document filed by David T. Murray, Marion R. Murray, Joel Shapiro. (rjm) (Entered: 02/06/2008)
ORDER granting (549) Motion for to Extend Page Limitations in case 1:01-md-01409-WHP. The page limitations for Plaintiffs' Memorandum of Points and Authorities in Support of Final Approval of Settlement shall be extended to 50 pages; and The page limitation for Plaintiffs' Co-Lead Counsel's Memo of Law in Support of Motion for an Award of Attorneys' Fees and Expenses shall be extended to 50 pages. (Signed by Judge William H. Pauley, III on 1/29/08) Filed In Associated Cases: 1:01-md-01409-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(rjm) (Entered: 02/06/2008)
PROPOSED MOTION for Attorney Fees of Objector Berger. Document filed by Herbert A. Berger. (Attachments: # 1 Affidavit Daniel A. Osborn, # 2 Exhibit Beatie and Osborn - Fees and Exp, # 3 Affidavit Stanley Epstein, # 4 Exhibit Epstein Fees, # 5 Notice of Motion, # 6 Certificate of Service)Filed In Associated Cases: 1:01-md-01409-WHP, 1:06-cv-15447-WHP(Osborn, Daniel) (Entered: 01/31/2008)
MOTION to Extend Page Limitations. Document filed by Plaintiffs. This Document relates to all actions. Proposed Order attached.(rjm) (Entered: 01/25/2008)
ORDER. On Jan. 2, 2008, this Court received the attached letter from John Moriarty objecting to the opt-out procedure in this action (Request for exclusion from the Settlement Damages Class). (Signed by Judge William H. Pauley, III on 1/4/07) (rjm) (Entered: 01/07/2008)
ORDER. The Clerk of the Court is directed to make the following documents electronically available via the docket sheet: Docket Nos. 65, 131, 452 (and attachments), 502 and 505. This Document relates to All Cases. (Signed by Judge William H. Pauley, III on 12/26/07) (rjm) (Entered: 12/27/2007)
ORDER... After reviewing the Motion for Approval of Payment from the Notice and Cost Administration Fund Maintained with the CRIS submitted by Plaintiffs' Co-Lead Counsel, it is Ordered that, purs. to the Court's 10/22/07 Amended Order, the Clerk of the Court is directed to draw a check in the amount of $218,728.35, made payable to "Heffler Radetich & Saitta, LLP," from the Notice and Cost Administration Fund, maintained in the CRIS as account number 07-cc-0001-2. The Clerk of the Court shall send the check by overnight mail to Co-Lead Counsel Berger & Montague, P.C., c/o Merrill G. Davidoff, Esq., 1622 Locust Street, Philadelphia, PA 19103, for disbursement to the Claims Administrator for the final payment to Smith Edwards Dunlap Company. This Document relates to All Actions. (Signed by Judge William H. Pauley, III on 12/18/07) Filed In Associated Cases: 1:01-md-01409-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(rjm) (Entered: 12/19/2007)
MOTION to Approve Payment from the Notice and Cost Administration Fund Maintained with the Court Registry Investment System. This Document relates to All Actions. Document filed by Robert Ross, Randal Wachsmuth, Camille Laplaca-Post, Andrea Kune, Howard Steinlauf, Pamela Geller Oshry, Caran Ruga.(rjm) (Entered: 12/17/2007)
LETTER addressed to Judge William H. Pauley from Merrill G. Davidoff dated 10/23/07 re: The following wires are being sent to the CRIS Fund at or before 10am this morning: (a) $334,733,965.87 is being wired from the Citizens' Bank Principal Settlement Fund Account to a similar account to be commenced with the CRIS Fund; (b) $13,408,289.70 is being wired from the Citizens' Bank Notice and Cost Administration Fund Account to a similar account to be commenced with the CRIS Fund; (c) An additional wire of $17,294.87, representing the residual amount in the checking account after paying Professor McGovern's fees, is also being wired to the new Notice and Cost Administration Fund Account, so that the total amount wired into that account this morning should be $13,425,584.57 (total of wires (b) and (c)).. (rjm) (Entered: 11/19/2007)
ORDER... that the amount of $197,697.61 shall be paid to the Claims Administrator. The Clerk of the Court is directed to draw a check in the amount of $197,697.61, made payable to Heffler, Radetich & Saitta, LLP, from the CRIS Notice and Cost Administration Fund, account no. 07-cc-0001-2, and to send the check by overnight mail to Co-Lead Counsel Berger & Montague, P.C., c/o Merrill G. Davidoff, Esq., 1622 Locust Street, Philadelphia, PA 19103 for distribution to the Claims Administrator. (Signed by Judge William H. Pauley III on 11/14/07) Filed In Associated Cases: 1:01-md-01409-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(rjm) (Entered: 11/16/2007)
ORDER re: (539 in 1:01-md-01409-WHP) MOTION to Approve Payment from the Notice and Cost Administration Fund maintained with the Court Registry Investment System. It is Ordered that, pursuant to this Court's 10/22/07 Amended Order, the Clerk of the Court is directed to draw a check in the amount of $12,340,501.34, made payable to the "Berger & Montague P.C. & Coughlin Stoia etal. Foreign Transaction Litigation Escrow Account," from the Notice and Cost Administration Fund, maintained in the Court Registry Investment System as account number 07-cc-0001-2, to be deposited in the Berger & Montague P.C. & Coughlin Stoia et al. Foreign Transaction Litigation Escrow Account, maintained at Citizens Bank. The Clerk of the Court shall send the check by overnight mail to Co-Lead Counsel Berger & Montague, P.C. for deposit to the escrow account maintained at Citizens Bank. (Signed by Judge William H. Pauley III on 11/9/07) Filed In Associated Cases: 1:01-md-01409-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(rjm) (Entered: 11/13/2007)
AFFIDAVIT of Ronald A. Bertino, CPA regarding the Costs of Administration through 9/30/07 re: 540 MOTION to Approve Settlement Notice and Administration Costs in Excess of $100,000.00 to a Single Vendor. This Document relates to All Actions. (rjm) (Entered: 11/09/2007)
PLAINTIFFS' CO-LEAD COUNSEL AND CLAIMS ADMINISTRATOR REPORT REGARDING THE COST OF SETTLEMENT NOTICE AND ADMINISTRATIVE COSTS and MOTION to Approve Settlement Notice and Administration Costs in Excess of $100,000.00 to a Single Vendor. This Document relates to All Actions. Proposed Order attached.(rjm) (Entered: 11/09/2007)
MOTION to Approve Payment from the Notice and Cost Administration Fund maintained with the Court Registry Investment System. This Document relates to All Actions.(rjm) (Entered: 11/07/2007)
TRUE COPY ORDER of USCA as to 322 Notice of Interlocutory Appeal,, filed by Michael H. Oshry, Robert Ross, Julie Finkelman, Ester Grace Javier, Caran Ruga, Diane Lynch, Howard Steinlauf, Robert L. Donald, Randal Wachsmuth, Pamela Geller Oshry, S. Byron Balbach, Jr., Cherie R. Donald, Gilbert Schrank, Herve Senequier, Tim Lynch, Inducon Park Associates, Inc., Jeanne H. Balbach, Joshua Rubin, Andrea Kune, Camille Laplaca-Post, Leslie Cooper, Jonathan Lipner, 318 Notice of Appeal, filed by JP Morgan Chase & Co., Chase Manhattan Bank, USA, N.A., JP Morgan Chase Bank, 317 Notice of Appeal,, filed by Citicorp Diners Club, Universal Bank, N.A., Citibank (SD), N.A., Universal Financial Corp., Citigroup, Inc. USCA Case Number 05-1869-cv(L), 05-1871-cv(CON) & 05-2066-cv(XAP). Stipulation continuing the withdrawal of appeals from active consideration, without prejudice, with leave to reactivate. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 10/31/2007. (nd) (Entered: 10/24/2007)
ENDORSED LETTER addressed to Judge William H. Pauley III from Merrill G. Davidoff dated 10/16/07 re: Co-Lead Counsel respectfully requests that $34,502.04 be withheld from the October 23 wire transfer to pay the fees and costs identified in this letter. The amount will be paid from the Notice and Cost Administration Fund to the Special Master. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley III on 10/22/07) (rjm) (Entered: 10/23/2007)
AMENDED ORDER. Co-Lead Counsel and Settlement Classes Counsel are directed to wire transfer the Notice and Cost Administration Fund and the Principal Settlement Fund to the Clerk of Court for the SDNY on 10/23/07 at 10:00am EDT and notify the Court and the parties of the exact amount of the wire transfers. The Clerk shall deposit each fund into a separate interest-bearing account with the Court Registry Investment System ("CRIS")... and as further set forth regarding the procedures to be followed that shall govern the handling of this Amended Order. This Document relates to All Cases. (Signed by Judge William H. Pauley III on 10/22/07) Filed In Associated Cases: 1:01-md-01409-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(rjm) (Entered: 10/23/2007)
DECLARATION of Kristen M. Anderson in Support re: 531 MOTION to Seal. MOTION File Objections. This Document relates to All Actions except Waldman v Citibank (South Dakota), N.A., and Schrank v. Citibank (South Dakota), N.A. (rjm) (Entered: 10/16/2007)
MOTION to Seal., MOTION to File Objections. This Document relates to All Actions except Waldman v Citibank (South Dakota), N.A., and Schrank v. Citibank (South Dakota), N.A.(rjm) (Entered: 10/16/2007)
DECLARATION of William R. Wade-Gery. Document filed by Bank of America Corporation, Bank of America, N.A.(USA), MBNA Corporation, MBNA America Bank, N.A. This Document relates to All Actions. (rjm) (Entered: 10/16/2007)
ORDER. Co-Lead Counsel and Settlement Classes Counsel are directed to wire transfer the entire Settlement Fund to the Clerk of Court for the SDNY on 10/23/07 at 10:00am EDT and notify the Court and the parties of the exact amount of the wire transfer. The Clerk shall deposit the Settlement Fund into an interest-bearing account with the Court Registry Investment System ("CRIS"). The Settlement Fund, together with any accrued interest and income earned thereon, shall be maintained in a CRIS account subject to 28 USC 1914 and the guidelines promulgated by the Director of the Administrative Office of the United States Courts, 56 Fed. Reg. 56,356 (Nov. 4, 1991)... and as further set forth in said Order. This Document relates to All Cases. (Signed by Judge William H. Pauley III on 10/10/07) Filed In Associated Cases: 1:01-md-01409-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(rjm) (Entered: 10/10/2007)
JOINT STATUS REPORT. (Endorsed) Memorandum to Chambers attached to accept for filing - Signed by Judge William H. Pauley on 9/28/07 to accept for filing date of 9/17/07. This Document relates to All Actions.(rjm) (Entered: 10/03/2007)
ORDER. The Court having held a hearing on the record on 9/20/07 and the parties having submitted (1) a revised publication notice plan; (2) a proposed notice schedule; (3) claim form packages to be sent to (i) Targeted Cardholders, (ii) individuals requesting claim forms via the Settlement Administrator or other source, and (iii) claimants who have already filed claims; (4) the Revised Class and Settlement Notice Plan, and (5) the Revised Plan of Administration and Distribution, It is Ordered on consent that: The Court approves the revised publication plan attached as Exhibit A to this Order. The Court approves the following notice schedule: 9/25/07: Deadline for Bank Defendants to provide to Settlement Administrator list of cardholders targeted to receive mailed notice and claim forms and last 4 digits of cardholder social security number. 11/23/07 - 11/30/07: Settlement Administrator to bulk-mail notice and claim forms to targeted cardholders by direct mail. 11/20/07 - 12/10/07: Publication notice runs. 1/30/08: Deadline for Settlement Classes Counsel to submit papers in support of the settlement, application for attorney's fees and expenses, and for awards to the representative Plaintiffs. 2/14/08: Deadline to submit objections to proposed settlement, and/or opt-out of the Settlement Damages Class. 2/29/08: Settlement Administrator and Settlement Class Counsel to provide final opt-out count. 3/10/08: Deadline to submit all supplemental papers in support of the settlement contemplated by the Settlement Agreement, the allocation of the Net Settlement Fund among the Authorized Claimants, and the issues of any applications by Settlement Classes counsel for a Fee and Expense Award and/or Awards to the Representative Plaintiffs, and any responses to objections. 3/31/08, 11:00am: Fairness Hearing. 5/30/08: Deadline to submit claim forms... and as further set forth regarding the procedures to be followed that shall govern the handling of this Order. This Document relates to All Actions. (Signed by Judge William H. Pauley III on 9/24/07) (rjm) (Entered: 09/28/2007)
ENDORSED LETTER addressed to Judge William H. Pauley III from Merrill G. Davidoff dated 9/10/07 re: Request to reset the deadline for Status Report from 9/13/07 to either 9/14/07 or 9/17/07. ENDORSEMENT: Application granted. The deadline is extended until Monday, 9/17/07. (Signed by Judge William H. Pauley III on 9/10/07) (rjm) (Entered: 09/26/2007)
JOINT STATUS REPORT summarizing what has transpired since the 7/24/07 conference, and identifying items for discussion at the 9/20/07 status conference. This Document Relates to All Actions.(rjm) (Entered: 09/24/2007)
NOTICE of Intent to Appear of undersigned R. Stephen Griffis and Charles M. Thompson on behalf of Thomas Carder, Dylan Whisenhunt, Gloria E. Whisenhunt and Judy Sargeant. This Document relates to All Cases. (rjm) (Entered: 09/24/2007)
OBJECTION to Class Action Settlement and Request for Attorney's Fees and Notice of Intention to Appear of Class Member Joel Shapiro. (rjm) (Entered: 09/24/2007)
MEMORANDUM from the Special Master to Judge William H. Pauley. Dated 8/30/07. In Re: MDL No. 1409. Based upon an analysis of the costs of mailing duplicate claim forms and the potential effects on consumer response rates from the receipt of duplicate claim forms, I recommend that the relevant banks in the Currency Conversion Fee Antitrust Litigation be required to submit to the Settlement Administrator the last four digits of the social security numbers for all consumer accounts, and for all business accounts for which individual notice will be sent. The recommended deadline for this submission is twenty-one days from the date of an order. Because time is of the essence, it would be greatly appreciated if an order could be entered at the earliest possible date in accordance with the Court's preferred procedures. Document filed by Francis E. McGovern. (rjm) (Entered: 09/20/2007)
JOINT FILING OF PROPOSED NOTICE Schedule, Claim Form, and Claims and Administration Budget. This Document relates to All Actions. (rjm) (Entered: 09/20/2007)
ORDER regarding the procedures to be followed that shall govern the handling of this case. This Document relates to All Actions. (Signed by Judge William H. Pauley III on 9/4/07) (rjm) (Entered: 09/13/2007)
STIPULATION APPROVING RETENTION OF B. THOMAS FLORENCE AS AN EXPERT TO ASSIST THE SPECIAL MASTER. The parties by and through their counsel stipulate that they do not object to the retention of B. Thomas Florence, as an expert to the Special Master at the proposed compensation, and respectfully request that the Court approve B. Thomas Florence as an expert to assist the Special Master. This Document relates to All Actions. (Signed by Judge William H. Pauley III on 8/30/07) (rjm) (Entered: 09/13/2007)
ORDER... It is ordered that, purs. to paragraph 3(f) of the Stipulation and Agreement of Settlement preliminarily approved by this Court on 11/8/06, the amount of $502,903.54 shall be paid from the Notice and Cost Administration Fund to the Claims Administrator. This Document relates to All Actions. (Signed by Judge William H. Pauley III on 8/30/07) (rjm) (Entered: 09/13/2007)
MOTION Denial of Class Certification of Settlement Classes. Document filed by Dennis D. Gibson. (Attachments: # 1 Exhibit Credit card statement)(Golanski, Alani) (Entered: 09/05/2007)
MEMO ENDORSEMENT granting copy of 501 Motion to file under seal The Notice of Objection. ENDORSEMENT: Application granted. The notice shall be publicly filed in redacted form. An unredacted version shall be filed under seal with the Court. (Signed by Judge William H. Pauley III on 8/23/2007) (kkc) (Entered: 08/28/2007)
ORDER: the Court approves the claim procedure recommended in the Special Master's 7/10/2007 Report; the parties shall by 8/3/2007 submit a joint letter to the Court stating any objections to depositing the Settlement Fund into an account with the Court Registry Investment System; the parties shall by 8/31/2007 jointly file a proposed: (a) notice schedule, (b) claim form, and (c) claims and administration budget; this Court will hold a status conference on 9/20/2007 at 11:00 am; the parties shall by 9/13/2007 file a joint report summarizing what has transpired since the 7/24/2007 conference and identifying any issues the parties wish to raise at the 9/20/2007 conference. (Signed by Judge William H. Pauley III on 8/13/2007) Copies mailed by Chambers.(kkc) (Entered: 08/21/2007)
AFFIDAVIT of Ronald A. Bertino, CPA Regarding The Costs of Administration through 6/30/07. This Document relates to All Actions. (rjm) (Entered: 08/13/2007)
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