Defendant: Adam Geiger, Alan Chuang, Bank of New York Mellon Corporation, Colleen Baldwin, Custodial Trust Company (as defined and named herein), Farzine Hachemian, Glenn Cummins, Gregory Van Inwegen, Howard Wohl, Ivy Asset Management Corporation, J.P. Jeanneret Associates, Inc., Jeffrey Lindenbaum, John P. Jeanneret, JOHN ROGERS, Jonathan Little, Joseph Burns, Kevin Bannon, Lawrence Simon, Margolin, Winer & Evens Llp, Mark Santero, Michael Singer, Paul L. Perry, Peter Noris, Peter Rose, Robert Meschi, Ronald P. O'Hanley, Scott E. Wennerholm, Sean Cumiskey, Sean Simon, Steven Pisarkiewicz, Stuart Davies, Susan Rabinowitz
Plaintiff: Board of Trustees of The Buffalo Laborers Security Fund, Carmen A. Serrett, Dale Stuhlmiller, Earl R. Hall, Elizabeth F. Cassada, Ernest A. Hartman, Frank, Spencer, George Kennedy, Irving Wood, James A. Williams, James F. Collins, James Rounds, Kimberly A. Bautista, Local 73 Annuity Fund, Local 73 Retirement Fund, Lyle D. Fassett, Michael Talarski, Patrick Morin, Rockne Burns, Rodney Malarchik, Thomas R. Lostracco
Lead Plaintiff: Local 267 Insurance Fund, Local 267 Pension Fund
Amicus Curiae: Secretary of Labor, U.S. Dept. of Labor
ORDER APPROVING DISTRIBUTION OF CLASS SETTLEMENT FUND: granting 406 Motion for Disbursement of Funds. IT IS HEREBY ORDERED,1. This Court finds that the procedures and methods utilized in the administration of the Settlement and the review, processing, validation and calculation of claims submitted by Rule 23(b)(3) Class Members fully complied with the notice and administration provisions and the plan of allocation set forth in the Stipulation and Settlement Notices and approved by the Court and as further set forth in this order. (Signed by Judge Colleen McMahon on 715/2013) (lmb) (Entered: 07/17/2013)
AFFIDAVIT of Stephen J. Cirami in Support re: 406 MOTION for Disbursement of Funds Distribution of Class Settlement Fund.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Hart, Barbara) (Entered: 07/09/2013)
AFFIDAVIT of Lynda S. Borucki in Support re: 406 MOTION for Disbursement of Funds Distribution of Class Settlement Fund.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Attachments: # 1 Exhibit A)(Hart, Barbara) (Entered: 07/09/2013)
MEMORANDUM OF LAW in Support re: 406 MOTION for Disbursement of Funds Distribution of Class Settlement Fund.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Hart, Barbara) (Entered: 07/09/2013)
MOTION for Disbursement of Funds Distribution of Class Settlement Fund. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund.(Hart, Barbara) (Entered: 07/09/2013)
ORDER AND FINAL JUDGMENT GRANTING PLAINTIFFS' CLASS COUNSELS' MOTION FOR REIMBURSEMENT OF EXPENSES awarding reimbursement expenses in the total amount of $1,721,111.20. (Signed by Judge Colleen McMahon on 5/28/13) (Attachments: # 1 Notice of Right to Appeal)Filed In Associated Cases: 1:09-cv-00777-LBS et al.(ml) (Entered: 05/30/2013)
ORDER AND FINAL JUDGMENT GRANTING PRIVATE PLAINTIFFS' COUNSELS' MOTION FOR AWARD OF ATTORNEYS' FEES awarding attorneys' fees in the total amount of $38,832,806.00. (Signed by Judge Colleen McMahon on 5/28/13) (Attachments: # 1 Notice of Right to Appeal)Filed In Associated Cases: 1:09-cv-00777-LBS et al.(ml) (Entered: 05/30/2013)
SECOND AMENDED FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE REGARDING SETTLEMENT AND RULES 23 AND 23.1 settling action. (Signed by Judge Colleen McMahon on 5/28/13) (Attachments: # 1 Notice of Right to Appeal)Filed In Associated Cases: 1:09-cv-00777-LBS et al.(ml) (Entered: 05/30/2013)
COURT LETTER TO ALL COUNSEL RE YOUR LETTERS OF MAY 22: I apologize for having to clarify my ruling. It was my intention that the five law firms whose hours I reduced would bear the entire brunt of that reduction. The agreement among yourselves said that if I did not award a 20% fee you would bear any reduction proportionally. So, if I had only awarded a 15% fee, it was my understanding that you would all share in the hit. But that is not what I did. I actually accepted the 20% fee, albeit on a reduced number of hours. The hours that were reduced could be and were assigned to specific firms. It was my intention that those firms bear the impact of what I deemed to be their overbilling. I did not understand that to upset the spirit of your agreement. I am sorry to have caused any confusion. Please make sure that I know which proposed form of judgment to sign, if we should require a third form of judgment, please send me one. (Signed by Judge Colleen McMahon on 5/23/2013) (cd) (Entered: 05/24/2013)
COURT LETTER TO ALL COUNSEL RE YOUR LETTERS OF MAY 22: I apologize for having to clarify my ruling. It was my intention that the five law firms whose hours I reduced would bear the entire brunt of that reduction. The agreement among yourselves said that if I did not award a 20% fee you would bear any reduction proportionally. So, if I had only awarded a 15% fee, it was my understanding that you would all share in the hit. But that is not what I did. I actually accepted the 20% fee, albeit on a reduced number of hours. The hours that were reduced could be and were assigned to specific firms. It was my intention that those firms bear the impact of what I deemed to be their overbilling. I did not understand that to upset the spirit of your agreement. I am sorry to have caused any confusion. Please make sure that I know which proposed form of judgment to sign. If we should require a third form of judgment, please send me one. (Signed by Judge Colleen McMahon on 5/23/2013) Filed In Associated Cases: 1:09-cv-00777-LBS et al.(cd) (Entered: 05/24/2013)
MEMO ENDORSEMENT on (389 in 1:09-cv-03907-CM-AJP) MOTION for Reconsideration. ENDORSEMENT: Motion for reconsideration, dkt. #389 is denied in view of the order signed on 5/15/13. (Signed by Judge Colleen McMahon on 5/23/2013) Filed In Associated Cases: 1:09-cv-00777-LBS et al.(cd) (Entered: 05/23/2013)
MEMO ENDORSEMENT on 389 MOTION for Reconsideration. ENDORSEMENT: Motion for reconsideration, dkt. #389 is denied in view of the order signed on 5/15/2013. (Signed by Judge Colleen McMahon on 5/23/2013) (cd) (Entered: 05/23/2013)
ORDER RESPONDING TO HERRICK FEINSTEIN LETTER: The court has received a letter, dated May 13, 2013, from the law firm of Herrick Feinstein, which I am treating as a motion for leave to amend the court's May 9, 2013 decision and order approving the settlement of these actions and granting plaintiffs' counsels' joint motion for an award of attorneys' fees, and as further set forth in this document. In light of Herrick's having signed the Stipulation of Settlement, I conclude that Herrick is not really a "stranger" to the litigation before me. I will, therefore, amend the opinion. A revised opinion (which, incidentally, corrects a few typographical errors) is deemed attached. (Signed by Judge Colleen McMahon on 5/15/2013) Filed In Associated Cases: 1:09-cv-00777-LBS et al. Copies Sent By ECF By Chambers. (cd) (Entered: 05/15/2013)
AMENDED DECISION AND ORDER APPROVING SETTLEMENT AND GRANTING PLAINTIFFS' COUNSELS' JOINT MOTION FOR AWARD OF ATTORNEYS' FEES: I ask Lead and Liaison Counsel to submit a Final Order, adjusting the attorneys' fee award in accordance with my decision and otherwise granting all motions and disallowing all objections that were not resolved prior to the hearing. I thank everyone for the amazing work that you did in resolving these matters. Your clients all of them have been well served. I also express my appreciation to my colleagues in the New York State Supreme Court and in the state courts in Palm Beach County, Florida, whose support and cooperation permitted this matter to be resolved. The actions pending in those courts in which special appearances have been made by counsel for settlement purposes are now remitted to those courts for whatever final proceedings need to occur in light of today's decision and order. This constitutes the decision and order of the court. The Clerk of the Court is directed to remove all outstanding motions in any of the cases listed in the caption from the Court's list of pending motions, as they have all been disposed of, in one way or another, by this opinion. (Signed by Judge Colleen McMahon on 5/15/2013) Filed In Associated Cases: 1:09-cv-00777-LBS et al. Copies Sent By Chambers(cd) (Entered: 05/15/2013)
DECISION AND ORDER APPROVING SETTLEMENT AND GRANTING PLAINTIFFS' COUNSELS' JOINT MOTION FOR AWARD OF ATTORNEYS' FEES in case 1:09-cv-00777-LBS-AJP; granting (320) Motion for Settlement in case 1:09-cv-03907-CM-AJP; granting [] Motion for Settlement in case 1:09-cv-00777-LBS-AJP; granting [] Motion for Settlement in case 1:09-cv-06910-CM; granting [] Motion for Settlement in case 1:09-cv-08278-; granting [] Motion for Settlement in case 1:09-cv-08362-LBS; granting [] Motion for Settlement in case 1:10-cv-08000-LBS -AJP; granting [] Motion for Settlement in case 1:10-cv-08077-LBS -AJP. For the reasons set forth below, the settlement, the Plan of Allocation, and the request for reimbursement of expenses are all granted without modification. The request for attorneys' fees is granted with one modification, explained below. The objections are disallowed. I ask Lead and Liaison Counsel to submit a Final Order, adjusting the attorneys' fee award in accordance with my decision and otherwise granting all motions and disallowing all objections that were not resolved prior to the hearing. I thank everyone for the amazing work that you did in resolving these matters. Your clients all of them have been well served, and as further set forth in this document. This constitutes the decision and order of the court. The Clerk of the Court is directed to remove all outstanding motions in any of the cases listed in the caption from the Court's list of pending motions, as they have all been disposed of, in one way or another, by this opinion. (Signed by Judge Colleen McMahon on 5/9/2013) Filed In Associated Cases: 1:09-cv-00777-LBS-AJP et al. Copies Mailed By Chambers(cd) (Additional attachment(s) added on 5/10/2013: # 1 Order) (mde). (Entered: 05/10/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/7/13 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: 1:09-cv-00777-LBS-AJP et al.(Rodriguez, Somari) (Entered: 04/05/2013)
TRANSCRIPT of Proceedings re: CONFERENCE held on 3/7/2013 before Judge Colleen McMahon. Court Reporter/Transcriber: Michael McDaniel, (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 4/29/2013. Redacted Transcript Deadline set for 5/9/2013. Release of Transcript Restriction set for 7/11/2013.Filed In Associated Cases: 1:09-cv-00777-LBS-AJP et al.(Rodriguez, Somari) (Entered: 04/05/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 3/15/13 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...(Rodriguez, Somari) (Entered: 04/04/2013)
TRANSCRIPT of Proceedings re: HEARING held on 3/15/2013 before Judge Colleen McMahon. Court Reporter/Transcriber: Sonya Ketter Huggins, (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 4/29/2013. Redacted Transcript Deadline set for 5/9/2013. Release of Transcript Restriction set for 7/8/2013.(Rodriguez, Somari) (Entered: 04/04/2013)
DECLARATION of Max Folkenflik in Support re: 389 MOTION for Reconsideration re; 387 Order on Motion to Certify Class,,,, Order on Motion to Strike,,,.. Document filed by David Fastenberg. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Folkenflik, Max) (Entered: 03/29/2013)
MEMORANDUM OF LAW in Support re: 389 MOTION for Reconsideration re; 387 Order on Motion to Certify Class,,,, Order on Motion to Strike,,,.. Document filed by David Fastenberg. (Folkenflik, Max) (Entered: 03/29/2013)
MOTION for Reconsideration re; 387 Order on Motion to Certify Class,,,, Order on Motion to Strike,,,. Document filed by David Fastenberg.(Folkenflik, Max) (Entered: 03/29/2013)
STIPULATION AND ORDER: The caption of this action is amended to include Gary Kubik, as a participant and beneficiary in the Buffalo Laborers Welfare Fund and the Buffalo Laborers Security Fund, and as further set forth in this document. (Signed by Judge Colleen McMahon on 3/15/2013, nunc pro tunc) Filed In Associated Cases: 1:09-cv-00777-LBS-AJP, 1:09-cv-03907-CM-AJP(cd) Modified on 3/27/2013 (cd). (Entered: 03/27/2013)
ORDER finding as moot 299 Motion to Certify Class; granting 383 Motion to Strike. The Trustees of the Buffalo Laborers Plans' amended motion for class certification (Docket No. 299) is dismissed as moot. Lead Plaintiffs' motion to strike the Folkenflik objection (Docket No. 383) is granted on the grounds that it was untimely filed. The Folkenflik objection was submitted as a declarationin "partial support" of the objections of others, but it is plain that it was styled this way in order to avoid the filing deadline for objections. The deadline for objections was January 30, 2013; the Folkenflik objection was filed on March 5, 2013. The Clerk of the Court is directed to remove the motions at Docket 09 Civ. 3907 Nos. 299 and 383 from the Court's list of pending motions. (Signed by Judge Colleen McMahon on 3/15/2013) Copies Sent By Chambers. (mt) (Entered: 03/15/2013)
DECLARATION of Max Folkenflik in Opposition re: 383 MOTION to Strike Document No. (469). MOTION to Strike Document No. (469). MOTION to Strike Document No. (469). MOTION to Strike Document No. (469).. Document filed by David Fastenberg. (Folkenflik, Max) (Entered: 03/14/2013)
DECLARATION of Barbara Hart in Support re: (383 in 1:09-cv-03907-CM-AJP) MOTION to Strike Document No. (469). MOTION to Strike Document No. (469). MOTION to Strike Document No. (469). MOTION to Strike Document No. (469).. Document filed by Grand Metro Builders of NY Corp. Defined Benefit Plan, I.B.E.W. Local 43 and Electrical Contractors Welfare Fund, Oswego County Laborers' Local 214 Pension Fund, Plumbers Local 112 Health Fund, The Local 73 Retirement Fund, The Pipe Trades Group, The Plumbers & Steamfitters Local 267, The U.A. of Journeymen & Apprentices Local 73 Fund, Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)Filed In Associated Cases: 1:09-cv-00777-LBS-AJP, 1:09-cv-03907-CM-AJP(Hart, Barbara) (Entered: 03/12/2013)
MEMORANDUM OF LAW in Support re: (383 in 1:09-cv-03907-CM-AJP) MOTION to Strike Document No. (469). MOTION to Strike Document No. (469). MOTION to Strike Document No. (469). MOTION to Strike Document No. (469).. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Grand Metro Builders of NY Corp. Defined Benefit Plan, I.B.E.W. Local 43 and Electrical Contractors Welfare Fund, M. Raubvogel Co. Trust, Oswego County Laborers' Local 214 Pension Fund, Plumbers Local 112 Health Fund, The Local 73 Retirement Fund, The Pipe Trades Group, The Plumbers & Steamfitters Local 267, The U.A. of Journeymen & Apprentices Local 73 Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. Filed In Associated Cases: 1:09-cv-00777-LBS-AJP, 1:09-cv-03907-CM-AJP(Hart, Barbara) (Entered: 03/12/2013)
MOTION to Strike Document No. (469). Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Grand Metro Builders of NY Corp. Defined Benefit Plan, I.B.E.W. Local 43 and Electrical Contractors Welfare Fund, Jay Raubvogal IRA, M. Raubvogel Co. Trust, Oswego County Laborers' Local 214 Pension Fund, Plumbers Local 112 Health Fund, The Local 73 Retirement Fund, The Pipe Trades Group, The Plumbers & Steamfitters Local 267, The U.A. of Journeymen & Apprentices Local 73 Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund.Filed In Associated Cases: 1:09-cv-00777-LBS-AJP, 1:09-cv-03907-CM-AJP(Hart, Barbara) (Entered: 03/12/2013)
NOTICE To All Counsel from Judge McMahon re Question on which to Focus. Filed In Associated Cases: 1:09-cv-00777-LBS-AJP, 1:09-cv-03907-CM-AJP(cd) (Entered: 03/08/2013)
ORDER: I would like the parties to put together a list of all of the objections to the settlement that have been filed by any party, explaining the nature of the objection, whether it has been resolved, whether it is presently under negotiation with a potential of resolution, or whether it will be litigated. A spreadsheet would be nice. Please include the Docket No. where each objection can be found.If you have not yet sent to the Court courtesy copies of all papers you have filed in relation to objections to the settlement, please do send them in now. (Signed by Judge Colleen McMahon on 3/4/2013) Filed In Associated Cases: 1:09-cv-00777-LBS-AJP, 1:09-cv-03907-CM-AJP Copies Sent By ECF By Chambers. (cd) (Entered: 03/05/2013)
ENDORSED LETTER addressed to Judge Colleen McMahon from Barbara Hart dated 3/1/2013 re: In regard to the submission of last night, for accuracy, one sentence must be deleted if the resolution and notice is approved. If your Honor approves this resolution, and the notice, we request that the Court sign off on the attached. ENDORSEMENT: Ok - send with the amendation. (Signed by Judge Colleen McMahon on 3/4/2013) (lmb) (Entered: 03/04/2013)
DECLARATION of Imtiaz A. Siddiqui in Support re: 320 MOTION for Settlement Final Approval.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Hart, Barbara) (Entered: 03/01/2013)
DECLARATION of Seth Lipner in Support re: 320 MOTION for Settlement Final Approval.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Hart, Barbara) (Entered: 03/01/2013)
DECLARATION of Kelly K. Pierce in Support re: 320 MOTION for Settlement Final Approval.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Hart, Barbara) (Entered: 03/01/2013)
DECLARATION of Anthony B. Gordon in Support re: 320 MOTION for Settlement Final Approval.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Attachments: # 1 Exhibit A)(Hart, Barbara) (Entered: 03/01/2013)
DECLARATION of Jeffrey M. Haber in Support re: 320 MOTION for Settlement Final Approval.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Hart, Barbara) (Entered: 03/01/2013)
DECLARATION of Daniel W. Krasner in Support re: 320 MOTION for Settlement Final Approval.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Attachments: # 1 Exhibit A)(Hart, Barbara) (Entered: 03/01/2013)
DECLARATION of Daniel Tepper in Support re: 320 MOTION for Settlement Final Approval.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Attachments: # 1 Exhibit A-G)(Hart, Barbara) (Entered: 03/01/2013)
DECLARATION of Peter A. Muhic in Support re: 320 MOTION for Settlement Final Approval.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Hart, Barbara) (Entered: 03/01/2013)
DECLARATION of Lynn Lincoln Sarko and Margo Hasselman in Support re: 320 MOTION for Settlement Final Approval.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Hart, Barbara) (Entered: 03/01/2013)
DECLARATION of Lisa M. Mezzetti in Support re: 320 MOTION for Settlement Final Approval.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Attachments: # 1 Exhibit A)(Hart, Barbara) (Entered: 03/01/2013)
REPLY AFFIDAVIT of Jason Zuena in Support re: 320 MOTION for Settlement Final Approval.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Attachments: # 1 Exhibit A)(Hart, Barbara) (Entered: 03/01/2013)
REPLY AFFIRMATION of Patrick Carroll in Support re: 320 MOTION for Settlement Final Approval.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Hart, Barbara) (Entered: 03/01/2013)
REPLY AFFIDAVIT of James Rounds in Support re: 320 MOTION for Settlement Final Approval.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Hart, Barbara) (Entered: 03/01/2013)
REPLY AFFIDAVIT of Gregory Lancette in Support re: 320 MOTION for Settlement Final Approval.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Hart, Barbara) (Entered: 03/01/2013)
REPLY MEMORANDUM OF LAW in Support re: 320 MOTION for Settlement Final Approval. Opposing the New York Attorney General and the Beacon and Andover Funds' Objections to Attorneys' Fees and Expenses. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Hart, Barbara) (Entered: 03/01/2013)
Objection of Charles T. Mederrick to Class Plaintiffs' Motion for Awards of Attorneys' Fees and Expenses. Filed In Associated Cases: 1:09-cv-00777-LBS-AJP et al.(lmb) (Entered: 03/01/2013)
ENDORSED LETTER addressed to Judge Colleen McMahon from Barbara Hart dated 2/27/2013 re: Request for permission to file a single 20 page briefing reply to Counsel for the NYAG and Beacon Funds reply. ENDORSEMENT: Yes! (Signed by Judge Colleen McMahon on 2/28/2013) (cd) (Entered: 02/28/2013)
ENDORSED LETTER addressed to Judge Colleen McMahon from Barbara Hart dated 2/28/2013 re: Request to be permitted to submit a digital copy of documents for in camera review. ENDORSEMENT: Yes!!! (Signed by Judge Colleen McMahon on 2/28/2013) (cd) (Entered: 02/28/2013)
ENDORSED LETTER: addressed to Judge Colleen McMahon from Barbara Hart dated 2/26/2013 re: Counsel for Plaintiffs write in light of the concerns set forth in this letter counsel plans to submit the detailed time records for in camera review. Some counsel in individual actions also seek to protect the confidential names of Individual clients and witnesses and have made minor, non-substantive edits to some time records to protect individual identities. careful to preserve the integrity of the substance of the record itself. ENDORSEMENT: This is fine with me.So Ordered (Signed by Judge Colleen McMahon on 2/27/2013) (js) (Entered: 02/27/2013)
ENDORSED LETTER: addressed to Judge Colleen McMahon from Arthur G. Jako by dated 2/25/2013 re: Counsel for Beacon and And over Funds write The issue here is very simple: Did the NYAG receive an offer in 2010 of $140 million from Ivy Asset Management by which $140 million would have been distributed pro rata to the same exact investors which are now going to receive their pro rata share of $219 million, less the fines and the approximate $43 million of legal fees and expenses which are being requested by class, derivative and private counsel. Nothing else is relevant and thus there is no need to revisit your decision. Nonetheless, despite your ruling that there is no need to produce any documents or emails, it is my understanding that the NYSAG is going to "voluntarily" produce (for attorneys' eyes only -- at Ivy's request -- and subject to the existing protective order) the last draft settlement agreement which Ivy Asset Management sent to the NYSAG and which sets forth the $140 million offer that Ivy was prepared to pay before the NYSAG decided to not accept the offer and commenced its May 8, 2010 lawsuit. Thus, there is absolutely no need for any other documents or emails to be produced. ENDORSEMENT: "I am sorry I did not do this on the record. I allowed testimony on the purported offer negotiations and whether the substance of these negotiations was shared with other counsels for other parties. The final draft of a proposed settlement document (which will become public in any opinion) is the only document that need be produced. Do not burden me with further requests". (Signed by Judge Colleen McMahon on 2/25/2013) Filed In Associated Cases: 1:09-cv-00777-LBS-AJP, 1:09-cv-03907-CM-AJP(js) Modified on 2/25/2013 (js). (Entered: 02/25/2013)
NOTICE of of Withdrawal of Appearance of Peter H. LeVan, Jr.. Document filed by Board Of Trustees of The Buffalo Laborers Welfare Staff Fund, Board Of Trustees of The Buffalo Laborers Welfare Staff Fund, Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund. Filed In Associated Cases: 1:09-cv-00777-LBS-AJP, 1:09-cv-03907-CM-AJP, 1:09-cv-08362-LBS(Muhic, Peter) (Entered: 02/22/2013)
RESPONSE TO CHRISTINE A. DUTTWEILERS OBJECTION TO ERISA SECTION 502(l) CIVIL PENALTY. Document filed by Secretary of Labor, U.S. Dept. of Labor. (Attachments: # 1 Exhibit A - Amended Complaint)(Hartman, Michael) (Entered: 02/20/2013)
AFFIDAVIT of Joseph Belanger in Support re: 320 MOTION for Settlement Final Approval.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Hart, Barbara) (Entered: 02/19/2013)
AFFIDAVIT of Jason Zuena in Support re: 320 MOTION for Settlement Final Approval.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Hart, Barbara) (Entered: 02/19/2013)
DECLARATION of Barbara J. Hart in Support re: 320 MOTION for Settlement Final Approval.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Hart, Barbara) (Entered: 02/19/2013)
REPLY MEMORANDUM OF LAW in Support re: 320 MOTION for Settlement Final Approval. and in Opposition to the Mederrick Objection. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Hart, Barbara) (Entered: 02/19/2013)
REPLY MEMORANDUM OF LAW in Support re: 320 MOTION for Settlement Final Approval. and in Opposition to the Siegel Objection. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Hart, Barbara) (Entered: 02/19/2013)
REPLY MEMORANDUM OF LAW in Support re: 320 MOTION for Settlement Final Approval. and in Response to the Duttweiler Objection. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Hart, Barbara) (Entered: 02/19/2013)
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - OPPOSITION BRIEF TO CHRISTINE A. DUTTWEILERS OBJECTION TO ERISA SECTION 502(l) CIVIL PENALTY. Document filed by Secretary of Labor, U.S. Dept. of Labor. (Attachments: # 1 Exhibit A - Secretarys Amended Complaint)(Hartman, Michael) Modified on 2/20/2013 (ka). (Entered: 02/19/2013)
ENDORSED LETTER addressed to Judge Colleen McMahon from Barbara Hart dated 2/13/13 re: Counsel writes to ask that the Court permit an extension of time until 3/1/13 for responses to the objection filed by the Objector Trustees. ENDORSEMENT: Ok. (Signed by Judge Colleen McMahon on 2/14/2013) (mro) (Entered: 02/14/2013)
NOTICE of of Intention to Appear at Fairness Hearing re: (103 in 1:09-cv-08362-LBS, 103 in 1:09-cv-08362-LBS, 103 in 1:09-cv-08362-LBS) Order, Set Hearings, Terminate Motions,,,,,,,,,,,,,,,,,,,,,,,,,,,. Document filed by William Banfield, James Bodrato, Thomas Burke, Robert Carlino, Anthony Caropresso, Michael Conroy, Alan Ehl, John Fuchs, David Haines, Todd Helfrich, Kevin Hicks, Aaron Hilger, Frank Jones, Ron Kent, James Logan, William Maccione, James Malcome, John Marone, Lloyd Martin, Patrick Morin, John O'Hare, Gary Palladino, Ross Pepe, Anthony Putrelo, John Richards, Charles Rinoldo, John Schalk, John Simmons, Kevin Smith, William Smith, Dale Stuhlmiller, Larry Thayer, Gary Toth, William Weir, Francis Wirt. Filed In Associated Cases: 1:09-cv-00777-LBS-AJP, 1:09-cv-03907-CM-AJP, 1:09-cv-08362-LBS(Fisher, Eric) (Entered: 02/13/2013)
MEMORANDUM OF LAW in Opposition re: 320 MOTION for Settlement Final Approval.. Document filed by State of New York Attorney General. (Attachments: # 1 Waldman Declaration, # 2 Exhibit)(Carroll, Thomas) (Entered: 02/08/2013)
DECLARATION of Arthur G. Jakoby in Opposition re: (320 in 1:09-cv-03907-CM-AJP) MOTION for Settlement Final Approval.. Document filed by Andover Associates LLC I, Andover Associates Management Corp., Beacon Associates LLC I, Beacon Associates LLC II. (Attachments: # 1 Exhibit A to Jakoby Declaration, # 2 Exhibit B to Jakoby Declaration)Filed In Associated Cases: 1:09-cv-00777-LBS-AJP et al.(Jakoby, Arthur) (Entered: 02/08/2013)
MEMORANDUM OF LAW in Opposition re: (320 in 1:09-cv-03907-CM-AJP) MOTION for Settlement Final Approval. Memorandum of Law in Opposition to Private Plaintiffs' Motion for Awards of Attorneys' Fees and Expenses. Document filed by Andover Associates LLC I, Andover Associates Management Corp., Beacon Associates LLC I, Beacon Associates LLC II. Filed In Associated Cases: 1:09-cv-00777-LBS-AJP et al.(Jakoby, Arthur) (Entered: 02/08/2013)
Objection Of Howard M. Siegel to Plaintiffs' Motion for Awards of Attorneys' Fees and Expenses. Filed In Associated Cases: 1:09-cv-00777-LBS-AJP et al.(cd) (Entered: 02/06/2013)
ENDORSED LETTER addressed to Judge Colleen McMahon from Arthur G. Jakoby dated 01/31/2013 re: We represent the Beacon and Andover Funds (the "Funds") in connection with the captioned matter. I am writing to request permission to exceed the 25 page limit on opposition briefs set forth in Your Honor's Individual Rules. In their moving papers, Class Counsel submitted a brief as well as 15 separate declarations and numerous exhibits. The Funds do not believe that a thorough response can be accomplished within the 25 page limit and therefore respectfully request that the limit be extended to 30 pages. ENDORSEMENT: Ok. (Signed by Judge Colleen McMahon on 02/01/2013) (jcs) (Entered: 02/01/2013)
NOTICE OF APPEARANCE by Eric B. Fisher on behalf of William Banfield, James Bodrato, Thomas Burke, Robert Carlino, Anthony Caropresso, Michael Conroy, Alan Ehl, John Fuchs, David Haines, Todd Helfrich, Kevin Hicks, Aaron Hilger, Ron Kent, James Logan, William Maccione, James Malcome, John Marone, Lloyd Martin, Patrick Morin, John O'Hare, Gary Palladino, Ross Pepe, Anthony Putrelo, John Richards, Charles Rinoldo, John Schalk, John Simmons, Kevin Smith, William Smith, Dale Stuhlmiller, Larry Thayer, Gary Toth, William Weir, Francis Wirt, Frank Jones Filed In Associated Cases: 1:09-cv-00777-LBS-AJP et al.(Fisher, Eric) (Entered: 02/01/2013)
DECLARATION of Eric B. Fisher re: (68 in 1:10-cv-08077-LBS -AJP) Objection (non-motion), Objection (non-motion), Objection (non-motion), Objection (non-motion), (67 in 1:10-cv-08077-LBS -AJP, 67 in 1:10-cv-08077-LBS -AJP, 67 in 1:10-cv-08077-LBS -AJP) Order, Set Hearings, Terminate Motions,,,,,,,,,,,,,,,,,,,,,,,,,,, in Support of Objection to Proposed Class Action Settlement. Document filed by Frank Jones, Ron Kent, James Logan, William Maccione, James Malcome, John Marone, Lloyd Martin, Patrick Morin, John O'Hare, Gary Palladino, Ross Pepe, Anthony Putrelo, John Richards, Charles Rinoldo, John Schalk, John Simmons, Kevin Smith, William Smith, Dale Stuhlmiller, Larry Thayer, Gary Toth, William Weir, Francis Wirt, William Banfield, James Bodrato, Thomas Burke, Robert Carlino, Anthony Caropresso, Michael Conroy, Alan Ehl, John Fuchs, David Haines, Todd Helfrich, Kevin Hicks, Aaron Hilger. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)Filed In Associated Cases: 1:09-cv-00777-LBS-AJP et al.(Fisher, Eric) (Entered: 01/30/2013)
Objection re: (67 in 1:10-cv-08077-LBS -AJP, 67 in 1:10-cv-08077-LBS -AJP, 67 in 1:10-cv-08077-LBS -AJP) Order, Set Hearings, Terminate Motions,,,,,,,,,,,,,,,,,,,,,,,,,,,. Document filed by William Banfield, James Bodrato, Thomas Burke, Robert Carlino, Anthony Caropresso, Michael Conroy, Alan Ehl, John Fuchs, David Haines, Todd Helfrich, Kevin Hicks, Aaron Hilger, Frank Jones, Ron Kent, James Logan, William Maccione, James Malcome, John Marone, Lloyd Martin, Patrick Morin, John O'Hare, Gary Palladino, Anthony Putrelo, Ross Pepe, John Richards, Charles Rinoldo, John Schalk, John Simmons, Kevin Smith, William Smith, Dale Stuhlmiller, Larry Thayer, Gary Toth, William Weir, Francis Wirt. Filed In Associated Cases: 1:09-cv-00777-LBS-AJP et al.(Fisher, Eric) (Entered: 01/30/2013)
ENDORSED LETTER addressed to Judge Colleen McMahon, from Roger L. Waldman, dated 1/25/2013, re: request a short extension of the time for the New York Attorney General ("NYAG") to file its objections to the application by Plaintiff's Counsel for approval of legal fees. We ask that the NYAG's time to object be extended to February 8th, and that Plaintiff's Counsel be given a similar extension to March 1st, 2013. ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 1/28/2013) (ja) (Entered: 01/28/2013)
ENDORSED LETTER addressed to Judge Colleen McMahon, from Arthur G. Jakoby, dated 1/25/2013, re: On December 21, 2012 a motion was filed by the Class Plaintiffs for the Final Approval of the Settlement and Plan of Allocation, Certification of Settlement Classes and Awards of Attorneys' Fees and Expenses. The return date for any interested party to file and objection is January 30, 2013. The Class Plaintiffs have agreed to extend the time for both the NYAG and the Funds to object to their request for an award of attorneys' fees and expenses from January 30th through February 8th. The Class Plaintiffs have asked that their reply memorandum of law be extended to March 1, 2013. ENDORSEMENT: OK. ( Responses due by 2/8/2013, Replies due by 3/1/2013.) (Signed by Judge Colleen McMahon on 1/28/2013) (ja) (Entered: 01/28/2013)
ENDORSED LETTER addressed to Judge Colleen McMahon from Barbara Hart dated 1/17/2013 re: Attached is a clarifying stipulation reflecting a minor language change to the Settlement Stipulation executed by the parties on November 13, 2012 and to the Proof of Claim and Release form. Weighing the cost of notice against the lack of impact of this stipulation, we respectfully request that the Court endorse this letter to reflect that notice of this amendment is not required. ENDORSEMENT: I agree, no new notice is required. (Signed by Judge Colleen McMahon on 1/21/2013) (djc) (Entered: 01/22/2013)
DECLARATION of Charles J. Hecht in Support re: 320 MOTION for Settlement Final Approval.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Attachments: # 1 Exhibit 1)(Hart, Barbara) (Entered: 12/21/2012)
DECLARATION of Anthony B. Gordon in Support re: 320 MOTION for Settlement Final Approval.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Hart, Barbara) (Entered: 12/21/2012)
DECLARATION of Kelly K. Pierce in Support re: 320 MOTION for Settlement Final Approval.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Hart, Barbara) (Entered: 12/21/2012)
DECLARATION of Max Folkenflik in Support re: 320 MOTION for Settlement Final Approval.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Hart, Barbara) (Entered: 12/21/2012)
DECLARATION of Imtiaz A. Siddiqui in Support re: 320 MOTION for Settlement Final Approval.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Attachments: # 1 Exhibit 1)(Hart, Barbara) (Entered: 12/21/2012)
DECLARATION of Jeffrey M. Haber in Support re: 320 MOTION for Settlement Final Approval.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Attachments: # 1 Exhibit 1)(Hart, Barbara) (Entered: 12/21/2012)
DECLARATION of Seth Lipner in Support re: 320 MOTION for Settlement Final Approval.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Attachments: # 1 Exhibit A)(Hart, Barbara) (Entered: 12/21/2012)
DECLARATION of Demet Basar in Support re: 320 MOTION for Settlement Final Approval.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Attachments: # 1 Exhibit A)(Hart, Barbara) (Entered: 12/21/2012)
DECLARATION of Lynn Lincoln Sarko and Margo Hasselman in Support re: 320 MOTION for Settlement Final Approval.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Hart, Barbara) (Entered: 12/21/2012)
DECLARATION of Lisa M. Mezzetti in Support re: 320 MOTION for Settlement Final Approval.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Hart, Barbara) (Entered: 12/21/2012)
DECLARATION of Peter H. LeVan, Jr. in Support re: 320 MOTION for Settlement Final Approval.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Hart, Barbara) (Entered: 12/21/2012)
AFFIDAVIT of Jason Zuena in Support re: 320 MOTION for Settlement Final Approval.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Hart, Barbara) (Entered: 12/21/2012)
AFFIDAVIT of Lynda S. Borucki in Support re: 320 MOTION for Settlement Final Approval.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Attachments: # 1 Exhibit A)(Hart, Barbara) (Entered: 12/21/2012)
DECLARATION of Barbara J. Hart in Support re: 320 MOTION for Settlement Final Approval.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Hart, Barbara) (Entered: 12/21/2012)
MEMORANDUM OF LAW in Support re: 320 MOTION for Settlement Final Approval.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Hart, Barbara) (Entered: 12/21/2012)
MOTION for Settlement Final Approval. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund.(Hart, Barbara) (Entered: 12/21/2012)
RESPONSE in Support re: 306 MOTION for Settlement Preliminary Approval of Settlement and Certification of Classes for Settlement Purposes.. Document filed by Secretary of Labor, U.S. Dept. of Labor. (Hartman, Michael) (Entered: 12/21/2012)
PRELIMINARY APPROVAL ORDER PROVIDING FOR NOTICE AND HEARING IN CONNECTION WITH PROPOSED SETTLEMENT: IT IS HEREBY ORDERED, this 30th day of November, 2012 that: The Court preliminarily finds the proposed Settlement set forth in the Stipulation to be fair, reasonable and adequate, subject to further consideration at the Fairness Hearing described below. Unless otherwise defined herein, all capitalized terms used herein have the meanings set forth and defined in the Stipulation as further set forth in this order. A fairness hearing pursuant to Rule 23(e) and Rule 23.1(c) of the Federal Rules of Civil Procedure is hereby scheduled to be held before the Honorable Colleen McMahon, United States District Judge, at the United States District Court, Southern District of New York, Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007-1312 on March 15, 2013, at 10 a.m. (the "Fairness Hearing") for the following purposes as further set forth in this order. The Court approves the form, substance and requirements of the: (a) Notice of Preliminary Approval of Settlement of Class and Derivative Actions and Notice of Certification of Settlement Classes (the "Rule 23(b)(3) Notice"), in substantially the form annexed hereto as Exhibit A -1; and (b) Notice of Preliminary Approval of Settlement of Class Actions and Notice of Certification of Settlement Classes (the "Rule 23(b )(1) Notice"), in substantially the form annexed hereto as Exhibit A-2. The Court approves the appointment of Garden City Group as the Claims Administrator to supervise and administer the notice procedure as well as the disbursement of the Net Settlement Fund as further set forth in this order., ( Fairness Hearing set for 3/15/2013 at 10:00 AM before Judge Colleen McMahon.), Motions terminated: (306 in 1:09-cv-03907-CM-AJP) MOTION for Settlement Preliminary Approval of Settlement and Certification of Classes for Settlement Purposes filed by Local 73 Health & Welfare Fund, Board of Trustees of The Buffalo Laborers Security Fund, Local 267 Insurance Fund, Local 73 Annuity Fund, Local 73 Retirement Fund, Local 267 Pension Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees of The Buffalo Laborers Welfare Fund. (Signed by Judge Colleen McMahon on 11/30/2012) Filed In Associated Cases: 1:09-cv-00777-LBS-AJP et al.(lmb) (Entered: 11/30/2012)
DECLARATION of David S. Preminger in Support re: 306 MOTION for Settlement Preliminary Approval of Settlement and Certification of Classes for Settlement Purposes.. Document filed by Ernest A. Hartman. (Preminger, David) (Entered: 11/29/2012)
DECLARATION of Gary Kubik in Support re: 306 MOTION for Settlement Preliminary Approval of Settlement and Certification of Classes for Settlement Purposes.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Hart, Barbara) (Entered: 11/28/2012)
DECLARATION of James Rounds in Support re: 306 MOTION for Settlement Preliminary Approval of Settlement and Certification of Classes for Settlement Purposes.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Hart, Barbara) (Entered: 11/28/2012)
DECLARATION of Gregory Lancette in Support re: 306 MOTION for Settlement Preliminary Approval of Settlement and Certification of Classes for Settlement Purposes.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Hart, Barbara) (Entered: 11/28/2012)
AFFIDAVIT of Patrick Carroll in Support re: 306 MOTION for Settlement Preliminary Approval of Settlement and Certification of Classes for Settlement Purposes.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Hart, Barbara) (Entered: 11/28/2012)
AFFIDAVIT of Jason Zuena in Support re: 306 MOTION for Settlement Preliminary Approval of Settlement and Certification of Classes for Settlement Purposes.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Hart, Barbara) (Entered: 11/28/2012)
AFFIDAVIT of Lynda Borucki in Support re: 306 MOTION for Settlement Preliminary Approval of Settlement and Certification of Classes for Settlement Purposes.. Document filed by Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Attachments: # 1 Exhibit A)(Hart, Barbara) (Entered: 11/28/2012)
DECLARATION of Noelle-Kristen F. Ruggiero in Support re: 306 MOTION for Settlement Preliminary Approval of Settlement and Certification of Classes for Settlement Purposes.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Attachments: # 1 Exhibit A)(Hart, Barbara) (Entered: 11/28/2012)
DECLARATION of Barbara J. Hart in Support re: 306 MOTION for Settlement Preliminary Approval of Settlement and Certification of Classes for Settlement Purposes.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit A (con't), # 3 Exhibit A (con't), # 4 Exhibit A (con't), # 5 Exhibit A (con't), # 6 Exhibit B)(Hart, Barbara) (Entered: 11/28/2012)
MEMORANDUM OF LAW in Support re: 306 MOTION for Settlement Preliminary Approval of Settlement and Certification of Classes for Settlement Purposes.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Hart, Barbara) (Entered: 11/28/2012)
MOTION for Settlement Preliminary Approval of Settlement and Certification of Classes for Settlement Purposes. Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund, Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund.(Hart, Barbara) (Entered: 11/28/2012)
STIPULATION AND ORDER WITHDRAWING OF MOTIONS WITHOUT PREJUDICE TO THEIR RENEWAL:IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for plaintiffs Plumbers & Steamfitters Local 267 Pension Fund, Plumbers & Steamfitters Local 267 Insurance Fund, Local 73 Retirement Fund and Local 73 Annuity Fund ("Plaintiffs"), counsel for defendants Ivy Asset Management LLC., Adam Geiger, Lawrence Simon, and Howard Wohl, (the "Ivy Defendants,) and counsel for J.P. Jeanneret Associates, Inc., John P. Jeanneret, and Paul L. Perry as follows: As set forth in this Order. SO ORDERED. (Signed by Judge Colleen McMahon on 9/14/2012) (ama) (Entered: 09/17/2012)
MEMORANDUM & ORDER: The Court, sua sponte, orders that the Memorandum & Order filed on March 14, 12, granting Plaintiffs' motion for class certification, be amended to delete the word "discretionary" from pages 37 and 40. (Signed by Judge Leonard B. Sand on 4/4/2012) Filed In Associated Cases: 1:09-cv-00777-LBS-AJP et al.(ft) (Entered: 04/04/2012)
ORDER granting 338 MOTION to Certify Class. Plaintiffs' motion to certify the Investor Class and Jeanneret Investor Subclass pursuant to Rule 23(b)(3) is granted. Plaintiffs' motion to certify the ERISA Class and Jeanneret ERISA Subclass pursuant to Rule 23(b)(1) is also granted. Class counsel are appointed as indicated above. Originally filed March 14, 2012. Pages 37 and 40 amended: April 4, 2012. (Signed by Judge Leonard B. Sand on 4/4/2012) Filed In Associated Cases: 1:09-cv-00777-LBS-AJP et al.(ft) (Entered: 04/04/2012)
DECLARATION of Joseph H. Meltzer in Support re: (429 in 1:09-cv-00777-LBS-AJP, 93 in 1:09-cv-08362-LBS, 299 in 1:09-cv-03907-CM-AJP) AMENDED MOTION to Certify Class on behalf of Trustees of the Buffalo Laborers Plans.. Document filed by Board Of Trustees of The Buffalo Laborers Welfare Staff Fund, Board Of Trustees of The Buffalo Laborers Welfare Staff Fund, Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)Filed In Associated Cases: 1:09-cv-00777-LBS-AJP, 1:09-cv-03907-CM-AJP, 1:09-cv-08362-LBS(LeVan, Peter) (Entered: 03/27/2012)
MEMORANDUM OF LAW in Support re: (429 in 1:09-cv-00777-LBS-AJP, 93 in 1:09-cv-08362-LBS, 299 in 1:09-cv-03907-CM-AJP) AMENDED MOTION to Certify Class on behalf of Trustees of the Buffalo Laborers Plans.. Document filed by Board Of Trustees of The Buffalo Laborers Welfare Staff Fund, Board Of Trustees of The Buffalo Laborers Welfare Staff Fund, Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund. Filed In Associated Cases: 1:09-cv-00777-LBS-AJP, 1:09-cv-03907-CM-AJP, 1:09-cv-08362-LBS(LeVan, Peter) (Entered: 03/27/2012)
AMENDED MOTION to Certify Class on behalf of Trustees of the Buffalo Laborers Plans. Document filed by Board Of Trustees of The Buffalo Laborers Welfare Staff Fund, Board Of Trustees of The Buffalo Laborers Welfare Staff Fund, Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees ofThe Buffalo Laborers Welfare Fund.Filed In Associated Cases: 1:09-cv-00777-LBS-AJP, 1:09-cv-03907-CM-AJP, 1:09-cv-08362-LBS(LeVan, Peter) (Entered: 03/27/2012)
ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from Thomas Skelton dated 3/13/2012 re: We respectfully request that Your Honor So Order SDM Order No. 1, as modified as set forth in the letter. ENDORSEMENT: "SDM Order No.1" as modified by counsel's letter is APPROVED. The fact discovery cutoff date is extended to 7/11/12. Mr. Skelton shall provide a copy of this Order to Master Hughes., ( Fact Discovery due by 7/11/2012.) (Signed by Magistrate Judge Andrew J. Peck on 3/13/2012) Filed In Associated Cases: 1:09-cv-00777-LBS-AJP et al.(lmb) (Entered: 03/13/2012)
ORDER DESIGNATING PLAINTIFF PLANS FOR DEPOSITION DISCOVERY: At Defendants' request, in order to conserve resources and provide for an efficient disposition of these cases in the event class certification is denied, the Court ordered at the February 2, 2012 discovery conference that depositions proceed at this time only with respect to four randomly selected Plaintiff plans (one each from the In re Beacon, Buffalo Laborers, In re Jeanneret and Hartman actions), without prejudice to Defendants' rights to conduct deposition discovery relating to additional plans or Plaintiffs following rulings on the class certification motions w/o prejudice to plaintiffs' opposition to same. Until further order of the Court following decisions on the pending class certification motions, Defendants may take up to fifteen depositions of the following selected plans: Plumbers & Steamfitters Local 267 Pension Plan; Local 73 Retirement Fund; Service Employees Pension Fund of Upstate New York; Buffalo Laborers Welfare Staff Fund. Nothing in this Order shall be deemed a limitation on Plaintiffs' right to conduct depositions of Defendants' witnesses or any party's right to take depositions of third parties, and this Order is without prejudice to any party's right to seek further relief from the Court. (Signed by Magistrate Judge Andrew J. Peck on 3/7/2012) (ft) (Entered: 03/07/2012)
ORDER: The Court hereby approves the Trustee Coordination Stipulation, and (2) To the extent applicable in this action, the Trustee Coordination Stipulation shall constitute an Order of this Court. (Signed by Magistrate Judge Andrew J. Peck on 2/23/2012) Filed In Associated Cases: 1:09-cv-00777-LBS-AJP et al. Copies Sent By ECF. (pl) (Entered: 02/27/2012)
NOTICE OF WITHDRAWAL OF MARC I. MACHIZ AS ATTORNEY OF RECORD: Marc I. Machiz is no longer associated with the firm of Cohen Milstein Sellers & Toll PLLC. Cohen Milstein withdraws Mr. Machiz's' appearance as attorney of record for Plaintiffs Patick J. Costello, Dennis J. McDermott, Kevin J. Crawford, Donald H. Morgan, James Engler, John S. Kogut, Carl Hibbard, Jr., Marilyn M. Oppedisano, David Henderson, Jr., Michael Blasczienski, William F. Shannon, Paul A. Castaldo, and Earl R. Hall in this action. (Signed by Judge Leonard B. Sand on 2/21/2012) Filed In Associated Cases: 1:09-cv-00777-LBS-AJP et al. (ab) (Entered: 02/21/2012)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 1/25/12 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: 1:09-cv-00777-LBS-AJP et al.(McGuirk, Kelly) (Entered: 02/15/2012)
TRANSCRIPT of Proceedings re: Conference held on 1/25/2012 before Judge Leonard B. Sand. Court Reporter/Transcriber: Alena Lynch, (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 3/12/2012. Redacted Transcript Deadline set for 3/22/2012. Release of Transcript Restriction set for 5/18/2012.Filed In Associated Cases: 1:09-cv-00777-LBS-AJP et al.(McGuirk, Kelly) (Entered: 02/15/2012)
DECLARATION of Barbara J. Hart in Support re: 289 MOTION to Strike Document No. 282 Notice of Motion to Strike.. Document filed by Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Attachments: # 1 Exhibit Exhibit 1)(Hart, Barbara) (Entered: 02/02/2012)
MEMORANDUM OF LAW in Support re: 289 MOTION to Strike Document No. 282 Notice of Motion to Strike. And Opposition to the Ivy Defendants' Motion to Strike Plaintiffs' Reply and Declaration in Support of Their Motion for Class Certification. Document filed by Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Hart, Barbara) (Entered: 02/02/2012)
FILING ERROR - DEFICIENT DOCKET ENTRY - SEE DOCUMENT #292 - DECLARATION of Barbara J. Hart in Support re: 289 MOTION to Strike Document No. 282 Notice of Motion to Strike.. Document filed by Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Hart, Barbara) Modified on 2/15/2012 (lb). (Entered: 02/02/2012)
MOTION to Strike Document No. 282 Notice of Motion to Strike. Document filed by Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund.(Hart, Barbara) (Entered: 02/02/2012)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 1/25/2012 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: 1:09-cv-00777-LBS-AJP et al.(McGuirk, Kelly) (Entered: 02/02/2012)
TRANSCRIPT of Proceedings re: Conference held on 1/25/2012 before Judge Leonard B. Sand. Court Reporter/Transcriber: Alena Lynch, (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 2/27/2012. Redacted Transcript Deadline set for 3/8/2012. Release of Transcript Restriction set for 5/7/2012.Filed In Associated Cases: 1:09-cv-00777-LBS-AJP et al.(McGuirk, Kelly) (Entered: 02/02/2012)
DECLARATION of Nathaniel E. Jedrey in Opposition re: (332 in 1:09-cv-00777-LBS-AJP, 50 in 1:09-cv-08362-LBS) MOTION to Certify Class., (249 in 1:09-cv-03907-CM-AJP) MOTION to Certify Class., (338 in 1:09-cv-00777-LBS-AJP) MOTION to Certify Class.. Document filed by Adam Geiger, Ivy Asset Management LLC, Lawrence Simon, Howard Wohl, Adam L. Geiger, Fred P Sloan, Ivy Asset Management Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)Filed In Associated Cases: 1:09-cv-00777-LBS-AJP, 1:09-cv-03907-CM-AJP, 1:09-cv-08362-LBS(Rosenthal, Jeffrey) (Entered: 02/01/2012)
MEMORANDUM OF LAW in Opposition re: 249 MOTION to Certify Class.. Document filed by Adam Geiger, Ivy Asset Management Corporation, Lawrence Simon, Howard Wohl. (Rosenthal, Jeffrey) (Entered: 02/01/2012)
MEMORANDUM OF LAW in Support re: 280 MOTION to Strike /Notice of Motion to Strike, dated January 19, 2012.. Document filed by Adam Geiger, Ivy Asset Management Corporation, Lawrence Simon, Howard Wohl. (Liman, Lewis) (Entered: 01/19/2012)
DECLARATION of Lauren L. Peacock, dated January 19, 2012 in Support re: 280 MOTION to Strike /Notice of Motion to Strike, dated January 19, 2012.. Document filed by Adam Geiger, Ivy Asset Management Corporation, Lawrence Simon, Howard Wohl. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Liman, Lewis) (Entered: 01/19/2012)
MOTION to Strike /Notice of Motion to Strike, dated January 19, 2012. Document filed by Adam Geiger, Ivy Asset Management Corporation, Lawrence Simon, Howard Wohl.(Liman, Lewis) (Entered: 01/19/2012)
REPLY MEMORANDUM OF LAW in Support re: 249 MOTION to Certify Class.. Document filed by Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Hart, Barbara) (Entered: 01/17/2012)
MEMO ENDORSEMENT on MOTION OF THE SECRETARY OF LABOR FOR LEAVE TO FILE INSTANTER A BRIEF AS AMICUS CURIAE IN SUPPORT OF PLAINTIFFS' MOTIONS FOR CLASS CERTIFICATION. ENDORSEMENT: Motion for leave to file Brief as Amicus granted.(Signed by Judge Leonard B. Sand on 1/10/2012) (djc) (Entered: 01/10/2012)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 12/12/2011 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: 1:09-cv-00777-LBS-AJP et al.(McGuirk, Kelly) (Entered: 01/06/2012)
TRANSCRIPT of Proceedings re: Conference held on 12/12/2011 before Magistrate Judge Andrew J. Peck. Court Reporter/Transcriber: Ann Hairston, (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 1/30/2012. Redacted Transcript Deadline set for 2/9/2012. Release of Transcript Restriction set for 4/9/2012.Filed In Associated Cases: 1:09-cv-00777-LBS-AJP et al.(McGuirk, Kelly) (Entered: 01/06/2012)
ENDORSED LETTER addressed to Judge Colleen McMahon from Barbara J. Hart dated 12/22/2011 re: Lead Securities counsel writes to provide the Court a copy of the New York Court of Appeals decision. ENDORSEMENT: I am aware of the decision. If you have a motion to make, make it - don't send me letters. (Signed by Judge Colleen McMahon on 1/3/2012) (ft) (Entered: 01/03/2012)
STIPULATION AND ORDER REGARDING CLASS CERTIFICATION BRIEFING: It is hereby Stipulated and agreed that the date by which Plaintiffs shall serve their replies to Defendants' opposition to Plaintiffs' motions for class certification is extended to January 9, 2012. Set Deadlines/Hearing as to (332 in 1:09-cv-00777-LBS-AJP, 50 in 1:09-cv-08362-LBS) MOTION to Certify Class. :( Replies due by 1/9/2012.) (Signed by Magistrate Judge Andrew J. Peck on 12/23/2011) Filed In Associated Cases: 1:09-cv-00777-LBS-AJP, 1:09-cv-03907-CM-AJP, 1:09-cv-08362-LBS(jfe) (Entered: 12/23/2011)
STIPULATION AND ORDER REGARDING CLASS CERTIFICATION BRIEFING: The date by which Plaintiffs shall serve their replies to Defendants" opposition to Plaintiffs' motions for class certification is extended. from January 5,2012 to January 9, 2012, and as further set forth in this document concerning page limits. (Signed by Magistrate Judge Andrew J. Peck on 12/23/2011) Filed In Associated Cases: 1:09-cv-00777-LBS-AJP, 1:09-cv-03907-CM-AJP, 1:09-cv-08362-LBS(cd) (Entered: 12/23/2011)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 12/12/11 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: 1:09-cv-00777-LBS-AJP et al.(McGuirk, Kelly) (Entered: 12/21/2011)
TRANSCRIPT of Proceedings re: Conference held on 12/12/2011 before Magistrate Judge Andrew J. Peck. Court Reporter/Transcriber: Ann Hairston, (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 1/17/2012. Redacted Transcript Deadline set for 1/26/2012. Release of Transcript Restriction set for 3/23/2012.Filed In Associated Cases: 1:09-cv-00777-LBS-AJP et al.(McGuirk, Kelly) (Entered: 12/21/2011)
MEMORANDUM OF LAW in Opposition re: 249 MOTION to Certify Class.. Document filed by J.P. Jeanneret Associates, Inc., John P. Jeanneret, Paul L. Perry. (Whiteley, Brian) (Entered: 12/09/2011)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 11/29/11 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: 1:09-cv-00777-LBS-AJP et al.(McGuirk, Kelly) (Entered: 12/07/2011)
TRANSCRIPT of Proceedings re: Conference held on 11/29/2011 before Magistrate Judge Andrew J. Peck. Court Reporter/Transcriber: Guido Tascione, (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 1/3/2012. Redacted Transcript Deadline set for 1/12/2012. Release of Transcript Restriction set for 3/9/2012.Filed In Associated Cases: 1:09-cv-00777-LBS-AJP et al.(McGuirk, Kelly) (Entered: 12/07/2011)
STIPULATION AND ORDER REFERRING CERTAIN PRE-TRIAL MATTERS TO A SPECIAL MASTER FOR REPORT AND RECOMMENDATION: The parties hereby Stipulate and Agree: The Hon. John J. Hughes, United States Magistrate Judge (Retired) shall be appointed as Special Master pursuant to Federal Rule of Civil Procedure 53(b) exclusively with respect to those matters referred to the Special Master by this Stipulation and Order. The following matters are hereby referred to the Special Master for report and recommendation: The Special Master may review the sufficiency of description of documents on privilege logs; The Special Master may resolve disputes concerning parties' or third parties' production of documents pursuant to party document requests or third party subpoenas, including application of the Court's rulings to specific documents and dates for production and parties' compliance. Expressly reserved for the Court are substantive rulings on objections to document requests; ENDORSEMENT: The Special Master may rule on overbreadth, burden, vagueness and similar objections. The Special Master may resolve disputes concerning the sufficiency of responses to interrogatories or requests for admission. Expressly reserved for the Court are substantive rulings on objections to interrogatories or requests for admission. ENDORSEMENT: See paragraph g above. No party may communicate ex parte with the Special Master on any matter other than routine scheduling or matters covered by the paragraph 3 above discovery mediation process without first providing reasonable notice to all other parties and the opportunity to participate in any such communication; as further set forth in this Stipulation and Order. ENDORSEMENT: The time to object to any Order or Report of the Special Master is 7 (seven) days. (Signed by Magistrate Judge Andrew J. Peck on 11/22/2011) Filed In Associated Cases: 1:09-cv-00777-LBS-AJP, 1:09-cv-03907-CM-AJP, 1:09-cv-08278-LBS, 1:09-cv-08362-LBS, 1:10-cv-08000-LBS -AJP Copies Sent by ECF. (mro) (Entered: 11/22/2011)
ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from Thomas M. Skelton dated 11/18/2011 re: We write to report that the Honorable John Hughes has agreed to serve as Special Master in the above actions and the parties are continuing to discuss the scope of a referral order. With Your Honor's approval, we would provide our respective positions to the Court on Monday with respect to any remaining areas of disagreement. ENDORSEMENT: Approved. So ordered. (Signed by Magistrate Judge Andrew J. Peck on 11/21/2011) Copies Sent By Chambers via ECF. (rjm) (Entered: 11/21/2011)
ORDER FOR ADMISSION PRO HAC VICE: IT IS HEREBY ORDERED that Peter A. Muhic a Partner with Kessler Topaz Meltzer & Check, LLP, 280 King of Prussia Road, Radnor, PA 19087, (610) 667-7706 / (610) 667-7056 is admitted to practice pro hac vice as counsel for Plaintiffs Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund and Board of Trustees of The Buffalo Laborers Welfare Staff Fund, in the above-captioned case in the United States District Court for the Southern District of New York. (Signed by Judge Leonard B. Sand on 11/11/2011) (rdz) (Entered: 11/14/2011)
ENDORSED LETTER addressed to Judge Colleen McMahon from Barbara Hart dated 11/8/2011 re: Lead Securities counsel writes to request that the current schedule be reconsidered and that the class briefing schedule be stayed. ENDORSEMENT: I fail to see how altering the already adjourned schedule will facilitate resolution of this action-especially of the FEDERAL claims in this action. You are, after all, in FEDERAL court by choice-your state claims are mere appendages. So no stay. If we later have to modify any class that may be certified, so be it. If the Court of Appeals does not uphold Martin Act preemption as there is no claim certified. I may sever state law claims and let you take them across the street. (Signed by Judge Colleen McMahon on 11/9/2011) (ft) (Entered: 11/10/2011)
ORDER FOR ADMISSION PRO HAC VICE: Peter A. Muhic a Partner with Kessler Topaz Meltzer & Check, LLP, is admitted to practice pro hac vice as counsel for Plaintiffs Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund and Board of Trustees of The Buffalo Laborers Welfare Staff Fund, in this case in the United States District Court for the Southern District of New York. (Signed by Judge Leonard B. Sand on 11/8/2011) (ft) (Entered: 11/08/2011)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 10/4/11 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: 1:09-cv-00777-LBS -AJP et al.(McGuirk, Kelly) (Entered: 10/11/2011)
TRANSCRIPT of Proceedings re: Conference held on 10/4/2011 before Magistrate Judge Andrew J. Peck. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/4/2011. Redacted Transcript Deadline set for 11/14/2011. Release of Transcript Restriction set for 1/12/2012.Filed In Associated Cases: 1:09-cv-00777-LBS -AJP et al.(McGuirk, Kelly) (Entered: 10/11/2011)
ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from Barbara Hart dated 9/29/2011 re: Counsel writes at several status conferences you have suggested that you have names of several special discovery masters to help the parties with their disputes regarding the privilege logs. Counsel respectfully requests that Your law clerk call or e-mail us with the names you had in mind, so that we can make headway with these issues. ENDORSEMENT: In no order: 1. Former Magistrate Judge Ron Hedges. 2. Craig Ball. 3. Former Magistrate Judge John Hughes(JAMS). 4. Former Magistrate Judge Kathleen Roberts (JAMS). 5. Jonathan Redgrave.Copies by ECF to All Counsel (Signed by Magistrate Judge Andrew J. Peck on 10/3/2011) Filed In Associated Cases: 1:09-cv-00777-LBS -AJP, 1:09-cv-03907-CM -AJP, 1:09-cv-08278-LBS, 1:09-cv-08362-LBS, 1:10-cv-08000-LBS -AJP(js) (Entered: 10/03/2011)
DECLARATION of Patrick Carroll in Support re: 249 MOTION to Certify Class.. Document filed by Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Attachments: # 1 Exhibit Exhibit 1-2, # 2 Exhibit Exhibit 3-5)(Hart, Barbara) (Entered: 09/27/2011)
DECLARATION of Patrick Carroll in Support re: 249 MOTION to Certify Class.. Document filed by Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Attachments: # 1 Exhibit Exhibit 1-2, # 2 Exhibit Exhibit 3-7)(Hart, Barbara) (Entered: 09/27/2011)
MEMORANDUM OF LAW in Support re: 249 MOTION to Certify Class.. Document filed by Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Health & Welfare Fund, Local 73 Retirement Fund. (Hart, Barbara) (Entered: 09/27/2011)
MOTION to Certify Class. Document filed by Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Retirement Fund, Local 73 Health & Welfare Fund.(Hart, Barbara) (Entered: 09/27/2011)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 9/9/11 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: 1:09-cv-00777-LBS -AJP et al.(McGuirk, Kelly) (Entered: 09/20/2011)
TRANSCRIPT of Proceedings re: Conference held on 9/9/2011 before Magistrate Judge Andrew J. Peck. Court Reporter/Transcriber: Jerry Harrison, (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 10/14/2011. Redacted Transcript Deadline set for 10/24/2011. Release of Transcript Restriction set for 12/22/2011.Filed In Associated Cases: 1:09-cv-00777-LBS -AJP et al.(McGuirk, Kelly) (Entered: 09/20/2011)
REPLY to Response to Motion re: (68 in 1:10-cv-08000-LBS -AJP) MOTION to Stay Magistrate Peck's June 28, 2011 Order Requiring Disclosure of documents from Other Investigations and Objections to that Order.. Document filed by Hilda L. Solis. (Attachments: # 1 Exhibit Declaration of Thomas Tso)Filed In Associated Cases: 1:09-cv-00777-LBS -AJP et al.(Hartman, Michael) (Entered: 07/29/2011)
ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from Barbara Hart dated 6/23/2011 re: Counsel requests an extension of fact discovery until 4/16/2012. Should Your Honor approve Plaintiffs' request for an extension of fact discovery, the dates in paragraphs 8, 10, and 11 of the 12/8/2010 Pre-Trial Scheduling Order (Dkt. No. 208) should be extended correspondingly. Assuming the extension is approved, the parties have agreed to a class certification briefing schedule as follows: Plaintiffs to file all motions for class certification by 9/15/2011. Defendants to file oppositions to motions for class certification on or before 10/28/2011. Plaintiffs to file their replies on or before 11/23/2011. Depositions will continue until on or before 10/14/2011. ENDORSEMENT: Extensions approved. ( Deposition due by 10/14/2011. Discovery due by 4/16/2012. Motions due by 9/15/2011. Responses due by 10/28/2011, Replies due by 11/23/2011.) (Signed by Magistrate Judge Andrew J. Peck on 6/28/2011) (tro) (Entered: 06/28/2011)
THIRD AMENDED COMPLAINT amending 139 Amended Complaint against Colleen Baldwin, Bank of New York Mellon Corporation, Bank of New York Mellon Corporation Risk Committee, Kevin Bannon, Frank Biondi, Jr, Joseph Burns, Alan Chuang, Sean Cumiskey, Glenn Cummins, Custodial Trust Company, Stuart Davies, Nicholas Donofrio, Adam Geiger, Farzine Hachemian, Income-Plus Investment Fund, Ivy Asset Management Corporation, Ivy Investment Committee, Ivy Manager Approval Committee, Ivy Strategic Operating Committee, J.P. Jeanneret Associates, Inc., John P. Jeanneret, Edmund Kelly, Michael Kowalski, Jeffrey Lindenbaum, Jonathan Little, John Jr. Luke, Margolin, Winer & Evens LLP, Paul Myners, Mark Nordenberg, Peter Noris, Ronald P. O'Hanley, Paul Perry, Paul L. Perry, Steven Pisarkiewicz, Susan Rabinowitz, Catherine Rein, William Richardson, Brian Roberts, John Rogers, Mark Santero, Samuel Scott, III, Lawrence Simon, Sean Simon, Michael Singer, Gregory Van Inwegen, Richard Vaughan, Wesley Von Schack, Scott E. Wennerholm, Howard Wohl.Document filed by Kimberly A. Bautista(as Trustees of the IBEW Local 139 Pension Fund), James A. Williams(as Trustees of the IBEW Local 910 Annuity Fund), Elizabeth F. Cassada(as Trustees of the IBEW Local 910 Annuity Fund), Carmen A. Serrett(as Trustees of the Laborers' Local 103 Annuity Fund), James A. Williams(as Trustee of the IBEW Local 910 Pension Fund), Dale Stuhlmiller(as Trustees of Empire State Carpenters Pension Fund), James F. Collins(as Trustees of the IBEW Local 325 Joint Trust Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Annuity Fund), Frank Spencer(as Trustees of Empire State Carpenters Annuity Fund), James F. Collins(as Trustees of the IBEW Local 325 Annuity Fund), Frank Spencer(as Trustees of the Empire State Carpenters Welfare Fund ), Dale Stuhlmiller(as Trustees of the Empire State Carpenters Welfare Fund), Lyle D. Fassett, Frank Spencer(as Trustees of Empire State Carpenters Pension Fund), Local 73 Annuity Fund, Irving Wood, Carmen A. Serrett(as Trustee of the Laborers' Local 103 Pension Fund), George Kennedy, Earl R. Hall, Kimberly A. Bautista(as Trustees of the IBEW Local 325 Pension Fund), Kimberly A. Bautista(as Trustee of the IBEW Local 241 Pension Fund), Michael Talarski, James Rounds, Elizabeth F. Cassada(as Trustee of the IBEW Local 910 Pension Fund), Rodney Malarchik, Thomas R. Lostracco, Kimberly A. Bautista(as Trustees of the IBEW Local 325 Joint Trust Fund), Local 73 Retirement Fund, Ernest A. Hartman, Dale Stuhlmiller(as Trustees of Empire State Carpenters Annuity Fund), Board of Trustees of The Buffalo Laborers Security Fund, James F. Collins(as Trustees of the IBEW Local 325 Pension Fund). Related document: 139 Amended Complaint filed by Carmen A. Serrett, George Kennedy, Dale Stuhlmiller, James Rounds, James A. Williams, Earl R. Hall, Thomas R. Lostracco, Lyle D. Fassett, James F. Collins, Irving Wood, Ernest A. Hartman, Frank Spencer, Rockne Burns, Kimberly A. Bautista, Michael Talarski, Elizabeth F. Cassada, Rodney Malarchik.(mbe) (Entered: 06/24/2011)
ORDER PERMITTING TODD S. GARBER TO WITHDRAW AS COUNSEL FOR PLAINTIFFS: The Motion to Withdraw Todd S. Garber as Counsel for Plaintiffs, having been duly considered, it is so ORDERED that the Motion is granted and Todd S. Garber, individually, is permitted to withdraw as counsel in the above-captioned matter. SO ORDERED. (Signed by Magistrate Judge Andrew J. Peck on 6/3/2011) (lnl) (Entered: 06/03/2011)
ORDER PERMITTING TODD S. GARBER TO WITHDRAW AS COUNSEL FOR PLAINTIFFS: The Motion to Withdraw Todd S. Garber as Counsel for Plaintiffs, having been duly considered, it is so ORDERED that the Motion is granted and Todd S. Garber, individually, is permitted to withdraw from the above-captioned matter. Attorney Todd Seth Garber terminated. (Signed by Magistrate Judge Andrew J. Peck on 6/3/2011) Filed In Associated Cases: 1:09-cv-00777-LBS -AJP et al.(lnl) (Entered: 06/03/2011)
PROTECTIVE ORDER regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Magistrate Judge Andrew J. Peck on 5/27/11) Filed In Associated Cases: 1:09-cv-00777-LBS -AJP et al. Copies Sent By Chambers via ECF. (rjm) (Entered: 05/27/2011)
ORDER, that after considering the parties' submissions, the Court sets the deadline for the motion(s) for class certification in all of these cases, including In re Jeanneret, for September 15, 2011. Counsel should work out the rest of the briefing schedule and submit a stipulation (or, if there is no agreement, two proposals for my consideration) as to the briefing schedule (and any other issues that may impact the class certification motion). ( Motions due by 9/15/2011.) (Signed by Magistrate Judge Andrew J. Peck on 5/25/11) Filed In Associated Cases: 1:09-cv-00777-LBS -AJP et al. Copies Sent By Chambers. (pl) (Entered: 05/25/2011)
DECLARATION of Peter H. LeVan, Jr. in Opposition re: (25 in 1:09-cv-08362-LBS, 245 in 1:09-cv-00777-LBS -AJP) MOTION for Reconsideration Dated February 16, 2011.. Document filed by Board of Trustees of the Buffalo Laborers Security Fund, Board of Trustees of the Buffalo Laborers Welfare Fund, Board of Trustees of the Buffalo Laborers Welfare Staff Fund, in their capacity as fidu, Board Of Trustees of The Buffalo Laborers Welfare Staff Fund, Board Of Trustees of The Buffalo Laborers Welfare Staff Fund, Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees of The Buffalo Laborers Security Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)Filed In Associated Cases: 1:09-cv-00777-LBS -AJP et al.(LeVan, Peter) (Entered: 05/06/2011)
MEMORANDUM OF LAW in Opposition re: (25 in 1:09-cv-08362-LBS, 245 in 1:09-cv-00777-LBS -AJP) MOTION for Reconsideration Dated February 16, 2011.. Document filed by Board of Trustees of the Buffalo Laborers Security Fund, Board of Trustees of the Buffalo Laborers Welfare Fund, Board of Trustees of the Buffalo Laborers Welfare Staff Fund, in their capacity as fidu, Board Of Trustees of The Buffalo Laborers Welfare Staff Fund, Board Of Trustees of The Buffalo Laborers Welfare Staff Fund, Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Security Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees of The Buffalo Laborers Welfare Fund, Board of Trustees of The Buffalo Laborers Security Fund. Filed In Associated Cases: 1:09-cv-00777-LBS -AJP et al.(LeVan, Peter) (Entered: 05/06/2011)
CERTIFICATE OF SERVICE of Richard V. Conza, dated April 11, 2011 229 230 231 232 . Document filed by Adam Geiger, Ivy Asset Management Corporation, Lawrence Simon, Howard Wohl. (Liman, Lewis) (Entered: 04/11/2011)
ORDER ON MOTION TO ADMIT NOWELL D. BAMBERGER AS COUNSEL PRO HAC VICE in case 1:09-cv-00777-LBS -AJP; Granting (72) Motion for Nowell D. Bamberger to Appear Pro Hac Vice in case 1:09-cv-02401-LBS; Granting (51) Motion for Nowell D. Bamberger to Appear Pro Hac Vice in case 1:09-cv-03202-LBS; Granting (49) Motion for Nowell D. Bamberger to Appear Pro Hac Vice in case 1:09-cv-07584-CM; Granting (62) Motion for Nowell D. Bamberger to Appear Pro Hac Vice in case 1:09-cv-08278-CM; Granting (19) Motion for Nowell D. Bamberger to Appear Pro Hac Vice in case 1:09-cv-08362-LBS. (Signed by Judge Colleen McMahon on 4/11/11) Filed In Associated Cases: 1:09-cv-00777-LBS -AJP et al.(rjm) (Entered: 04/11/2011)
ORDER ON MOTION TO ADMIT STEVEN J. KAISER AS COUNSEL PRO HAC VICE in case 1:09-cv-00777-LBS -AJP; Granting (48) Motion for Steven J. Kaiser to Appear Pro Hac Vice in case 1:09-cv-07584-CM; Granting (61) Motion for Steven J. Kaiser to Appear Pro Hac Vice in case 1:09-cv-08278-CM; Granting (18) Motion for Steven J. Kaiser to Appear Pro Hac Vice in case 1:09-cv-08362-LBS. (Signed by Judge Colleen McMahon on 4/11/11) Filed In Associated Cases: 1:09-cv-00777-LBS -AJP et al.(rjm) (Entered: 04/11/2011)
ANSWER to Amended Complaint with JURY DEMAND. Document filed by J.P. Jeanneret Associates, Inc., John P. Jeanneret, Paul L. Perry. Related document: 227 Amended Complaint,,,,,,,,,,,, filed by Carmen A. Serrett, Local 73 Retirement Fund, George Kennedy, Dale Stuhlmiller, James Rounds, James A. Williams, Board of Trustees of The Buffalo Laborers Security Fund, Local 73 Annuity Fund, Earl R. Hall, Thomas R. Lostracco, Lyle D. Fassett, James F. Collins, Irving Wood, Ernest A. Hartman, Frank Spencer, Rockne Burns, Kimberly A. Bautista, Michael Talarski, Elizabeth F. Cassada, Rodney Malarchik.(Whiteley, Brian) (Entered: 04/08/2011)
ANSWER to Amended Complaint. Document filed by Ivy Asset Management Corporation. Related document: 227 Amended Complaint,,,,,,,,,,,, filed by Carmen A. Serrett, Local 73 Retirement Fund, George Kennedy, Dale Stuhlmiller, James Rounds, James A. Williams, Board of Trustees of The Buffalo Laborers Security Fund, Local 73 Annuity Fund, Earl R. Hall, Thomas R. Lostracco, Lyle D. Fassett, James F. Collins, Irving Wood, Ernest A. Hartman, Frank Spencer, Rockne Burns, Kimberly A. Bautista, Michael Talarski, Elizabeth F. Cassada, Rodney Malarchik.(Liman, Lewis) (Entered: 04/08/2011)
ANSWER to Amended Complaint. Document filed by Adam Geiger. Related document: 227 Amended Complaint,,,,,,,,,,,, filed by Carmen A. Serrett, Local 73 Retirement Fund, George Kennedy, Dale Stuhlmiller, James Rounds, James A. Williams, Board of Trustees of The Buffalo Laborers Security Fund, Local 73 Annuity Fund, Earl R. Hall, Thomas R. Lostracco, Lyle D. Fassett, James F. Collins, Irving Wood, Ernest A. Hartman, Frank Spencer, Rockne Burns, Kimberly A. Bautista, Michael Talarski, Elizabeth F. Cassada, Rodney Malarchik.(Liman, Lewis) (Entered: 04/08/2011)
ANSWER to Amended Complaint. Document filed by Howard Wohl. Related document: 227 Amended Complaint,,,,,,,,,,,, filed by Carmen A. Serrett, Local 73 Retirement Fund, George Kennedy, Dale Stuhlmiller, James Rounds, James A. Williams, Board of Trustees of The Buffalo Laborers Security Fund, Local 73 Annuity Fund, Earl R. Hall, Thomas R. Lostracco, Lyle D. Fassett, James F. Collins, Irving Wood, Ernest A. Hartman, Frank Spencer, Rockne Burns, Kimberly A. Bautista, Michael Talarski, Elizabeth F. Cassada, Rodney Malarchik.(Liman, Lewis) (Entered: 04/08/2011)
ANSWER to Amended Complaint. Document filed by Lawrence Simon. Related document: 227 Amended Complaint,,,,,,,,,,,, filed by Carmen A. Serrett, Local 73 Retirement Fund, George Kennedy, Dale Stuhlmiller, James Rounds, James A. Williams, Board of Trustees of The Buffalo Laborers Security Fund, Local 73 Annuity Fund, Earl R. Hall, Thomas R. Lostracco, Lyle D. Fassett, James F. Collins, Irving Wood, Ernest A. Hartman, Frank Spencer, Rockne Burns, Kimberly A. Bautista, Michael Talarski, Elizabeth F. Cassada, Rodney Malarchik.(Liman, Lewis) (Entered: 04/08/2011)
STIPULATION OF DISMISSAL AS TO DEFENDANT ROBERT MESCHI: Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, any and all claims of the Plaintiffs against Meschi in the above referenced action, direct or derivative, are hereby dismissed with prejudice. So Ordered (Signed by Judge Colleen McMahon on 4/6/2011) (js) (Entered: 04/07/2011)
AMENDED COMPLAINT amending 140 Amended Complaint, against Colleen Baldwin, Bank of New York Mellon Corporation, Bank of New York Mellon Corporation Risk Committee, Kevin Bannon, Frank Biondi, Jr, Joseph Burns, Alan Chuang, Sean Cumiskey, Glenn Cummins, Custodial Trust Company, Stuart Davies, Nicholas Donofrio, Adam Geiger, Farzine Hachemian, Income-Plus Investment Fund, Ivy Asset Management Corporation, Ivy Investment Committee, Ivy Manager Approval Committee, Ivy Strategic Operating Committee, J.P. Jeanneret Associates, Inc., John P. Jeanneret, Edmund Kelly, Michael Kowalski, Jeffrey Lindenbaum, Jonathan Little, John Jr. Luke, Robert Meschi, Paul Myners, Peter Noris, Paul Perry, Paul L. Perry, Steven Pisarkiewicz, Susan Rabinowitz, Catherine Rein, William Richardson, Brian Roberts, John Rogers, Mark Santero, Samuel Scott, III, Lawrence Simon, Sean Simon, Michael Singer, Gregory Van Inwegen, Richard Vaughan, Wesley Von Schack, Scott E. Wennerholm, Howard Wohl with JURY DEMAND.Document filed by Kimberly A. Bautista(as Trustees of the IBEW Local 139 Pension Fund), James A. Williams(as Trustees of the IBEW Local 910 Annuity Fund), Elizabeth F. Cassada(as Trustees of the IBEW Local 910 Annuity Fund), Carmen A. Serrett(as Trustees of the Laborers' Local 103 Annuity Fund), James A. Williams(as Trustee of the IBEW Local 910 Pension Fund), Dale Stuhlmiller(as Trustees of Empire State Carpenters Pension Fund), James F. Collins(as Trustees of the IBEW Local 325 Joint Trust Fund), Rockne Burns, Kimberly A. Bautista(as Trustees of the IBEW Local 325 Annuity Fund), Frank Spencer(as Trustees of Empire State Carpenters Annuity Fund), James F. Collins(as Trustees of the IBEW Local 325 Annuity Fund), Frank Spencer(as Trustees of the Empire State Carpenters Welfare Fund ), Dale Stuhlmiller(as Trustees of the Empire State Carpenters Welfare Fund), Lyle D. Fassett, Frank Spencer(as Trustees of Empire State Carpenters Pension Fund), Local 73 Annuity Fund, Irving Wood, Carmen A. Serrett(as Trustee of the Laborers' Local 103 Pension Fund), George Kennedy, Earl R. Hall, Kimberly A. Bautista(as Trustees of the IBEW Local 325 Pension Fund), Kimberly A. Bautista(as Trustee of the IBEW Local 241 Pension Fund), Michael Talarski, James Rounds, Elizabeth F. Cassada(as Trustee of the IBEW Local 910 Pension Fund), Rodney Malarchik, Thomas R. Lostracco, Kimberly A. Bautista(as Trustees of the IBEW Local 325 Joint Trust Fund), Local 73 Retirement Fund, Ernest A. Hartman, Dale Stuhlmiller(as Trustees of Empire State Carpenters Annuity Fund), Board of Trustees of The Buffalo Laborers Security Fund, James F. Collins(as Trustees of the IBEW Local 325 Pension Fund). Related document: 140 Amended Complaint,,,,,,, filed by Carmen A. Serrett, George Kennedy, Dale Stuhlmiller, James A. Williams, Earl R. Hall, Thomas R. Lostracco, Lyle D. Fassett, James F. Collins, Irving Wood, Ernest A. Hartman, Rockne Burns, Local 267 Insurance Fund, Kimberly A. Bautista, Michael Talarski, Elizabeth F. Cassada, Rodney Malarchik.(rdz) (Entered: 04/01/2011)
ENDORSED LETTER addressed to Judge Colleen McMahon from Paul A. Straus dated 3/31/2011 re: Requesting that the Court dismiss plaintiffs' claim against Mr. Meschi sua sponte. ENDORSEMENT: I will not dismiss sua sponte. I expect a motion. Whether I will award sanctions against plaintiffs' counsel for not dropping the case against Mr. Meschi is a matter that must abide - decision on the motion. I WILL NOT PERMIT ANY FURTHER AMENDMENT OF PLEADINGS. (Signed by Judge Colleen McMahon on 3/31/2011) (jpo) (Entered: 03/31/2011)
ENDORSED LETTER addressed to Judge Colleen McMahon from Paul A. Straus, dated 3/28/2011, re: Counsel for defendant Robert Meschi writes to ask the Court to dismiss plaintiffs' claim against Mr. Meschi sua sponte. ENDORSEMENT: I expect a response from plaintiffs' counsel within 48 hours. (Signed by Judge Colleen McMahon on 3/28/2011) (lnl) (Entered: 03/28/2011)
STIPULATION AND ORDER, 1. The rulings in the January 31 Order dismissing claims asserted in the SAC are deemed applicable to the corresponding claims in the TAC. 2. All rights of the parties, including appellate rights and the right to respond to the claims asserted in the TAC by answer or motion, shall be preserved. 3. Defendants shall answer or otherwise respond to the remaining Claims in the TAC by April 8, 2011. 4. The filing of any motion to dismiss the TAC shall not stay discovery under the Private Securities Litigation Reform Act, or otherwise. 5. This Stipulation may be executed by facsimile or electronic mail, and an electronic signature shall have the same force and effect as an original. ENDORSEMENT: I do not recall giving plaintiff leave to file a Third Amended Complaint. Rule 15(c) only give a party one "as of course." However, as long as discovery is not delayed - SO ORDERED. All Defendants answer due 4/8/2011. (Signed by Judge Colleen McMahon on 3/24/2011) (lnl) (Entered: 03/28/2011)
STIPULATION AND ORDER REGARDING TIME TO RESPOND TO CROSS-CLAIMS. The date by which the Management Defendants shall file and serve their answer or response to the cross-claims of the Beacon Fund shall be on or before April 8, 2011; This Stipulation my be executed in counterparts, and electronic or facsimile signatures shall be deemed to be original signatures. Beacon Associates Management Corp. answer due 4/8/2011; Joel Danziger answer due 4/8/2011; Harris Markhoff answer due 4/8/2011. (Signed by Magistrate Judge Andrew J. Peck on 3/25/11) Filed In Associated Cases: 1:09-cv-00777-LBS -AJP et al.(rjm) (Entered: 03/28/2011)
ENDORSED LETTER addressed to Judge Colleen McMahon from Scott B. Kossove dated 2/14/11 re: counsel for defendant Margolin, Winer & Evens LLP. ENDORSEMENT: You are probably wasting your time, but you do have rights. No response need be filed until I have reviewed your papers and decided whether I will deny the motion sue Sponte. (Signed by Judge Colleen McMahon on 2/15/11) (pl) (Entered: 02/16/2011)
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Andrew J. Peck. (Signed by Judge Colleen McMahon on 2/14/2011) (lnl) (Entered: 02/14/2011)
ENDORSED LETTER addressed to Judge Colleen McMahon from Barbara Hart, dated 2/11/2011, re: Counsel for Lead Securities writes to request that Your Honor refer this matter to Magistrate Judge Peck for coordinated pre-trial purposes with the Beacon matter (which also encompasses the ERISA claims asserted by DOL and private plaintiffs relating to Income Plus). ENDORSEMENT: I thought I had already so referred the matter - if not, I shall do so promptly. (Signed by Judge Colleen McMahon on 2/14/2011) (lnl) (Entered: 02/14/2011)
STIPULATION AND ORDER the date by which the Management Defendants shall file and serve their answer or response to the cross-claims of the Beacon Fund shall be on or before 3/25/11. (Signed by Magistrate Judge Andrew J. Peck on 2/14/11) Filed In Associated Cases: 1:09-cv-00777-LBS -AJP et al. Copies sent by ECF(cd) (Entered: 02/14/2011)
CERTIFICATE OF SERVICE. All Defendants. Service was made by email. Document filed by Local 73 Annuity Fund, Local 73 Retirement Fund. (Hart, Barbara) (Entered: 02/11/2011)
ORDER: ERISA cases 09cv3907, 09cv8278 and 09cv8362, as transferred by Judge McMahon to Judge Sand, are consolidated with master case 09 civ. 0777 for discovery and other pretrial management purposes. Counsel on these cases are to appear at the January 13, 2011 at 2:00 pm conference, previously scheduled in the Beacon 09cv0777 case. (Signed by Magistrate Judge Andrew J. Peck on 1/10/11) (db) (Entered: 02/01/2011)
DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS TO DISMISS THE SECOND AMENDED CLASS ACTION COMPLAINT: The various motions to dismiss are disposed of as set forth in this Order. The Clerk of Court is directed to close out the motions at Docket Nos. #143, 148 and 152, and remove same from the Court list of active motions. (Signed by Judge Colleen McMahon on 1/31/2011) (jpo) (Entered: 01/31/2011)
ORDER ON MOTION TO ADMIT STEVEN J. KAISER AS COUNSEL PRO HAC VICE. ORDER granting 211 Motion for Steven J. Kaiser to Appear Pro Hac Vice for Bank of New York Mellon Corporation, Ivy Asset Management Corporation. (Signed by Judge Colleen McMahon on 1/11/11) (db) (Entered: 01/11/2011)
ORDER ON MOTION TO ADMIT NOWELL D. BAMBERGER AS COUNSEL PRO HAC VICE. ORDER granting 212 Motion for Nowell D. Bamberger to Appear Pro Hac Vice for Bank of New York Mellon Corporation, Ivy Asset Management Corporation. (Signed by Judge Colleen McMahon on 1/11/11) (db) (Entered: 01/11/2011)
MOTION for Nowell D. Bamberger to Appear Pro Hac Vice. Document filed by Bank of New York Mellon Corporation, Ivy Asset Management Corporation.(mro) (Entered: 01/07/2011)
MOTION for Steven J. Kaiser to Appear Pro Hac Vice. Document filed by Bank of New York Mellon Corporation, Ivy Asset Management Corporation.(mro) (Entered: 01/07/2011)
ORDER TRANSFERRING CASE TO THE DOCKET OF THE HONORABLE LEONARD B. SAND:The Clerk is directed to transfer the case legended Hartman v. Ivy Asset Management L.L.C., No. 09 Civ 8362, to the docket of the Honorable Leonard B. Sand. With that transfer, all ERISA claims relating to Jeanneret and Ivy Asset Management should be consolidated before Judge Sand. So Ordered (Signed by Judge Colleen McMahon on 1/5/2011) (js) (Entered: 01/05/2011)
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Andrew J. Peck. Motions referred to Andrew J. Peck. (Signed by Judge Leonard B. Sand on 1/5/2011) (lnl) (Entered: 01/05/2011)
ORDER SEVERING ERISA CASE (09 Civ. 8278) AND TRANSFERRING SAME TO THE DOCKET OF THE HON. LEONARD B. SAND FOR CONSOLIDATION WITH ERISA CLAIM PENDING IN IN RE BEACON ASSOCIATES (09 Civ. 777) and SOLIS v, BEACON ASSOCIATES MANAGEMENT CORP. (10 Civ. 8000): After consultation with my colleague, The Hon. Leonard B. Sand, the court sees no reason not to grant the request of the Secretary of Labor to consolidate all ERISA-related claims against the Jeanneret and Ivy Defendants before one judge. Since the Secretary's case is pending before Judge Sand, he has graciously agreed to accept the ERISA claims from the cases pending in my court. Accordingly, I direct the Clerk of the Court to sever the ERISA class claims (originally filed under Docket No. 09 Civ. 8278) from the other claims in suit under this consolidated docket number and transfer those claims to the Hon. Leonard B. Sand. The operative pleading is the First Consolidated Amended ERISA Class Action Complaint, which was filed on May 21, 2010. For the reasons set forth by Judge Sand in his October 5, 2010 opinion in In Re Beacon Associates, this court disposes of the pending motions to dismiss the ERISA claims as follows: The BONY Defendants' motion to dismiss all ERISA claims asserted against them (Counts I, II and IV) is GRANTED. (2) The Individual Ivy Defendants' motion to dismiss the ERISA claims asserted against them (Counts I, II, IV and V) is GRANTED as to all individual defendants other than defendants Simon, Wohl and Geiger. All other motions relating to the First Consolidated Amended ERISA Complaint are DENIED. The defendants who have not been dismissed from the ERISA action shall answer the First Amended Consolidated Complaint twenty-one days from the date of this order. Although I have disposed of all the ERISA-related motions to dismiss, the defendants did not move separately to dismiss the First Amended Consolidated ERISA Complaint and the Second Amended Consolidated Complaint (relating to Federal Securities Claims and other non ERISA claims). As a result, there has been no final disposition of the motions at Docket Nos. 143, 148 and 152, filed under Civil Case Number 09 Civ. 3907. However, as I am keeping the non-ERISA claims presently pending before me, the Clerk of the Court is directed NOT to transfer any of those motions to Judge Sand. I will close them out when I finish my decision on the motions to dismiss the Second Amended Consolidated Complaint under Docket No. 09 Civ. 3907. That decision will be handed down by the end of this month. (Signed by Judge Colleen McMahon on 1/4/2011) (jfe) (Entered: 01/04/2011)
ORDER: The court has received a letter from the Secretary of Labor, dated December 17, 2010, alerting me to the fact that the Secretary has filed a lawsuit under ERISA against the Jeanneret and Ivy Defendants in this action. The claims asserted related both to the investment by certain ERISA plans in Beacon Associates (the subject of litigation before Judge Sand) and Income Plus and direct accounts (the subject of litigation before this court). The Secretary's action was filed as a "related case" to Judge Sand's action - which it certainly is. It is also related to the cases pending before me. However, all the parties to the Secretary's action are presently before Judge Sand, whereas the Beacon defendants are not parties to the cases pending before me. The Secretary has asked that all the ERISA claims relating to Ivy and Jeanneret whether relating to Beacon Associates, Income Plus or direct investors - be heard in a single forum. I agree that it would be prudent to move all of the ERISA litigation to one judge. I will coordinate with Judge Sand and we will figure out a way of moving forward. In the event that Judge Sand agrees to take on the ERISA actions pending before this court, I will nonetheless finish work on the pending motions to dismiss; I have no intention of burdening a colleague with another round of motions. As of this moment, however, the likelihood that I will dismiss the ERISA claims as against any defendant is virtually non-existent. (Signed by Judge Colleen McMahon on 12/22/2010) (lnl) (Entered: 12/22/2010)
NOTICE of Supplemental Authority re: 156 Memorandum of Law in Opposition to Motion. Document filed by Board of Trustees of The Buffalo Laborers Security Fund. (Attachments: # 1 Exhibit 1)(LeVan, Peter) (Entered: 12/07/2010)
NOTICE of SUPPLEMENTAL AUTHORITY re: 158 Memorandum of Law in Opposition to Motion,. Document filed by Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Retirement Fund. (Attachments: # 1 Exhibit 1)(Hart, Barbara) (Entered: 12/07/2010)
ENDORSED LETTER addressed to Counsel from Judge Colleen McMahon dated 12/7/10 re: I have not forgotten you. Your case is the deep background of my professional life. Unfortunately, it keeps getting interrupted by other matters.I am deeply enough into my work on your motions to realize that I need to bring you in, so that I can ask you some questions. I don't particularly want to hear "oral argument" in the traditional sense - I know what PIMCO holds; I appreciate how plaintiffs have cast their arguments to take themselves out of it; I have read Judge Sand's opinion over and over. But as I slog through these papers, I am making a list of questions and issues that need to be discussed.........can you figure out some times next week that work for all of you and communicate them to Mariela de Jesus, my Deputy Clerk, so she can find a spot on our calendar. I should not think it would take more than an hour. Many thanks. (Signed by Judge Colleen McMahon on 12/7/10) (db) (Entered: 12/07/2010)
NOTICE of SUPPLEMENTAL AUTHORITY re: 158 Memorandum of Law in Opposition to Motion,. Document filed by Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Retirement Fund. (Attachments: # 1 Exhibit 1)(Hart, Barbara) (Entered: 11/24/2010)
RESPONSE in Opposition re: 152 MOTION to Dismiss., 79 AMENDED MOTION to Dismiss., 73 MOTION to Dismiss the Consolidated Amended Class Action Complaint.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund. (LeVan, Peter) (Entered: 10/27/2010)
RESPONSE in Opposition re: 61 MOTION to Dismiss consolidated amended class action complaint., 152 MOTION to Dismiss., 79 AMENDED MOTION to Dismiss., 67 MOTION to Dismiss., 73 MOTION to Dismiss the Consolidated Amended Class Action Complaint.. Document filed by Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Retirement Fund. (Hart, Barbara) (Entered: 10/27/2010)
CERTIFICATE OF SERVICE. Document filed by Colleen Baldwin, Bank of New York Mellon Corporation, Kevin Bannon, Joseph Burns, Alan Chuang, Sean Cumiskey, Glenn Cummins, Stuart Davies, Adam Geiger, Farzine Hachemian, Ivy Asset Management Corporation, Jeffrey Lindenbaum, Jonathan Little, Robert Meschi, Peter Noris, Ronald P. O'Hanley, Steven Pisarkiewicz, Susan Rabinowitz, John Rogers, Mark Santero, Lawrence Simon, Sean Simon, Gregory Van Inwegen, Scott E. Wennerholm, Howard Wohl. (Liman, Lewis) (Entered: 10/22/2010)
DECLARATION of Shiwon Choe in Support re: 152 MOTION to Dismiss.. Document filed by Colleen Baldwin, Bank of New York Mellon Corporation, Kevin Bannon, Joseph Burns, Alan Chuang, Sean Cumiskey, Glenn Cummins, Stuart Davies, Adam Geiger, Farzine Hachemian, Ivy Asset Management Corporation, Jeffrey Lindenbaum, Jonathan Little, Robert Meschi, Peter Noris, Ronald P. O'Hanley, Steven Pisarkiewicz, Susan Rabinowitz, John Rogers, Mark Santero, Lawrence Simon, Sean Simon, Gregory Van Inwegen, Scott E. Wennerholm, Howard Wohl. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Liman, Lewis) (Entered: 10/22/2010)
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 152 MOTION to Dismiss.. Document filed by Colleen Baldwin, Bank of New York Mellon Corporation, Kevin Bannon, Joseph Burns, Alan Chuang, Sean Cumiskey, Glenn Cummins, Stuart Davies, Adam Geiger, Farzine Hachemian, Ivy Asset Management Corporation, Jeffrey Lindenbaum, Jonathan Little, Robert Meschi, Peter Noris, Ronald P. O'Hanley, Steven Pisarkiewicz, Susan Rabinowitz, John Rogers, Mark Santero, Lawrence Simon, Sean Simon, Gregory Van Inwegen, Scott E. Wennerholm, Howard Wohl. (Liman, Lewis) (Entered: 10/22/2010)
RESPONSE in Support re: 148 MOTION to Dismiss Second Amended Class Action Complaint. and to the Court's October 15, 2010 Order Seeking Comment. Document filed by J.P. Jeanneret Associates, Inc., John P. Jeanneret, Paul L. Perry. (Whiteley, Brian) (Entered: 10/22/2010)
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 61 MOTION to Dismiss consolidated amended class action complaint.. Document filed by Margolin, Winer & Evens LLP. (Attachments: # 1 Affidavit Certificate of Service)(Kossove, Scott) (Entered: 10/22/2010)
MEMORANDUM ENDORSEMENT re: 190 MOTION OF THE SECRETARY OF LABOR FOR LEAVE TO FILE INSTANTER A BRIEF AS AMICUS CURIAE IN SUPPORT OF PLAINTIFFS' MEMORANDA IN OPPOSITION TO DEFENDANTS' MOTIONS TO DISMISS. ORDER granting 190 Motion for Leave to File Document. ENDORSEMENT: The motion is granted. (Signed by Judge Colleen McMahon on 10/18/10) (db) Modified on 10/28/2010 (db). (Entered: 10/19/2010)
MOTION for Leave to File Amicus Brief. Document filed by Secretary of Labor, U.S. Dept. of Labor. (Attachments: # 1 Secretary of Labor's Amicus Brief)(Silverman, Stephen) (Entered: 10/18/2010)
ORDER SEEKING COMMENT York Times, you will understand that I have been otherwise occupied. I have, however, taken the time to read Judge Sand's recent opinion, which you kindly sent me. I know that it does not bind me. Nonetheless, before I do further work on your motions, I want to give counsel for the defendants a chance to file short (no more than five or six pages) briefs, explaining why the situation before this court is different. Understand, I don't want your critique of why Judge Sand's decision is wrong - I only want to know whether there is something about the allegations against your clients in this case that makes my colleague's decision irrelevant, or only marginally relevant, to your pending motions to dismiss. I will of course allow plaintiffs to file an equally brief response. If defendants could get me something by next Friday, and plaintiffs by the Wednesday after that, I would greatly appreciate it. Many thanks. (Signed by Judge Colleen McMahon on 10/15/2010) (jmi) (Entered: 10/15/2010)
ORDER granting 176 Motion to Withdraw as Attorney. Attorney Cheri R. Tolin terminated. (Signed by Judge Colleen McMahon on 10/8/10) (cd) (Entered: 10/08/2010)
NOTICE of Supplemental Authority re: 156 Memorandum of Law in Opposition to Motion. Document filed by Board of Trustees of The Buffalo Laborers Security Fund. (Attachments: # 1 Exhibit, # 2 Exhibit)(LeVan, Peter) (Entered: 10/06/2010)
NOTICE of SUPPLEMENTAL AUTHORITY re: 158 Memorandum of Law in Opposition to Motion, 159 Memorandum of Law in Opposition to Motion. Document filed by Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Retirement Fund. (Attachments: # 1 Attachment)(Hart, Barbara) (Entered: 10/05/2010)
NOTICE OF CHANGE OF ADDRESS by Jeffrey G Lewis on behalf of Kimberly A. Bautista(as Trustees of the IBEW Local 139 Pension Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Annuity Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Pension Fund), Kimberly A. Bautista(as Trustee of the IBEW Local 241 Pension Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Joint Trust Fund), Rockne Burns, Elizabeth F. Cassada(as Trustees of the IBEW Local 910 Annuity Fund), Elizabeth F. Cassada(as Trustee of the IBEW Local 910 Pension Fund), James F. Collins(as Trustees of the IBEW Local 325 Joint Trust Fund), James F. Collins(as Trustees of the IBEW Local 325 Annuity Fund), James F. Collins(as Trustees of the IBEW Local 325 Pension Fund), Lyle D. Fassett, Earl R. Hall, Ernest A. Hartman, George Kennedy, Thomas R. Lostracco, Rodney Malarchik, Patrick Morin(as Trustees of Empire State Carpenters Pension Fund), Patrick Morin(as Trustees of the Empire State Carpenters Welfare Fund), Patrick Morin(as Trustees of Empire State Carpenters Annuity Fund), James Rounds, Carmen A. Serrett(as Trustees of the Laborers' Local 103 Annuity Fund), Carmen A. Serrett(as Trustee of the Laborers' Local 103 Pension Fund), Frank Spencer(as Trustees of Empire State Carpenters Annuity Fund), Frank Spencer(as Trustees of the Empire State Carpenters Welfare Fund ), Frank Spencer(as Trustees of Empire State Carpenters Pension Fund), Dale Stuhlmiller(as Trustees of Empire State Carpenters Pension Fund), Dale Stuhlmiller(as Trustees of the Empire State Carpenters Welfare Fund), Dale Stuhlmiller(as Trustees of Empire State Carpenters Annuity Fund), Michael Talarski, James A. Williams(as Trustees of the IBEW Local 910 Annuity Fund), James A. Williams(as Trustee of the IBEW Local 910 Pension Fund), Irving Wood. New Address: 476 - 9th Street, Oakland, CA, 94607,. (Lewis, Jeffrey) (Entered: 08/27/2010)
NOTICE OF CHANGE OF ADDRESS by Catha Worthman on behalf of Kimberly A. Bautista(as Trustees of the IBEW Local 139 Pension Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Annuity Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Pension Fund), Kimberly A. Bautista(as Trustee of the IBEW Local 241 Pension Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Joint Trust Fund), Rockne Burns, Elizabeth F. Cassada(as Trustees of the IBEW Local 910 Annuity Fund), Elizabeth F. Cassada(as Trustee of the IBEW Local 910 Pension Fund), James F. Collins(as Trustees of the IBEW Local 325 Joint Trust Fund), James F. Collins(as Trustees of the IBEW Local 325 Annuity Fund), James F. Collins(as Trustees of the IBEW Local 325 Pension Fund), Lyle D. Fassett, Earl R. Hall, Ernest A. Hartman, George Kennedy, Thomas R. Lostracco, Rodney Malarchik, Patrick Morin(as Trustees of Empire State Carpenters Pension Fund), Patrick Morin(as Trustees of the Empire State Carpenters Welfare Fund), Patrick Morin(as Trustees of Empire State Carpenters Annuity Fund), James Rounds, Carmen A. Serrett(as Trustees of the Laborers' Local 103 Annuity Fund), Carmen A. Serrett(as Trustee of the Laborers' Local 103 Pension Fund), Frank Spencer(as Trustees of Empire State Carpenters Annuity Fund), Frank Spencer(as Trustees of the Empire State Carpenters Welfare Fund ), Frank Spencer(as Trustees of Empire State Carpenters Pension Fund), Dale Stuhlmiller(as Trustees of Empire State Carpenters Pension Fund), Dale Stuhlmiller(as Trustees of the Empire State Carpenters Welfare Fund), Dale Stuhlmiller(as Trustees of Empire State Carpenters Annuity Fund), Michael Talarski, James A. Williams(as Trustees of the IBEW Local 910 Annuity Fund), James A. Williams(as Trustee of the IBEW Local 910 Pension Fund), Irving Wood. New Address: 476 - 9th Street, Oakland, CA, 94607,. (Worthman, Catha) (Entered: 08/27/2010)
NOTICE OF CHANGE OF ADDRESS by Andrew Lah on behalf of Kimberly A. Bautista(as Trustees of the IBEW Local 139 Pension Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Annuity Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Pension Fund), Kimberly A. Bautista(as Trustee of the IBEW Local 241 Pension Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Joint Trust Fund), Rockne Burns, Elizabeth F. Cassada(as Trustees of the IBEW Local 910 Annuity Fund), Elizabeth F. Cassada(as Trustee of the IBEW Local 910 Pension Fund), James F. Collins(as Trustees of the IBEW Local 325 Joint Trust Fund), James F. Collins(as Trustees of the IBEW Local 325 Annuity Fund), James F. Collins(as Trustees of the IBEW Local 325 Pension Fund), Lyle D. Fassett, Earl R. Hall, Ernest A. Hartman, George Kennedy, Thomas R. Lostracco, Rodney Malarchik, Patrick Morin(as Trustees of Empire State Carpenters Pension Fund), Patrick Morin(as Trustees of the Empire State Carpenters Welfare Fund), Patrick Morin(as Trustees of Empire State Carpenters Annuity Fund), James Rounds, Carmen A. Serrett(as Trustees of the Laborers' Local 103 Annuity Fund), Carmen A. Serrett(as Trustee of the Laborers' Local 103 Pension Fund), Frank Spencer(as Trustees of Empire State Carpenters Annuity Fund), Frank Spencer(as Trustees of the Empire State Carpenters Welfare Fund ), Frank Spencer(as Trustees of Empire State Carpenters Pension Fund), Dale Stuhlmiller(as Trustees of Empire State Carpenters Pension Fund), Dale Stuhlmiller(as Trustees of the Empire State Carpenters Welfare Fund), Dale Stuhlmiller(as Trustees of Empire State Carpenters Annuity Fund), Michael Talarski, James A. Williams(as Trustees of the IBEW Local 910 Annuity Fund), James A. Williams(as Trustee of the IBEW Local 910 Pension Fund), Irving Wood. New Address: 476 - 9th Street, Oakland, CA, USA 94607,. (Lah, Andrew) (Entered: 08/27/2010)
NOTICE OF CHANGE OF ADDRESS by Margaret E. Hasselman on behalf of Kimberly A. Bautista(as Trustees of the IBEW Local 139 Pension Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Annuity Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Pension Fund), Kimberly A. Bautista(as Trustee of the IBEW Local 241 Pension Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Joint Trust Fund), Rockne Burns, Elizabeth F. Cassada(as Trustees of the IBEW Local 910 Annuity Fund), Elizabeth F. Cassada(as Trustee of the IBEW Local 910 Pension Fund), James F. Collins(as Trustees of the IBEW Local 325 Joint Trust Fund), James F. Collins(as Trustees of the IBEW Local 325 Annuity Fund), James F. Collins(as Trustees of the IBEW Local 325 Pension Fund), Lyle D. Fassett, Earl R. Hall, Ernest A. Hartman, George Kennedy, Thomas R. Lostracco, Rodney Malarchik, Patrick Morin(as Trustees of Empire State Carpenters Pension Fund), Patrick Morin(as Trustees of the Empire State Carpenters Welfare Fund), Patrick Morin(as Trustees of Empire State Carpenters Annuity Fund), James Rounds, Carmen A. Serrett(as Trustees of the Laborers' Local 103 Annuity Fund), Carmen A. Serrett(as Trustee of the Laborers' Local 103 Pension Fund), Frank Spencer(as Trustees of Empire State Carpenters Annuity Fund), Frank Spencer(as Trustees of the Empire State Carpenters Welfare Fund ), Frank Spencer(as Trustees of Empire State Carpenters Pension Fund), Dale Stuhlmiller(as Trustees of Empire State Carpenters Pension Fund), Dale Stuhlmiller(as Trustees of the Empire State Carpenters Welfare Fund), Dale Stuhlmiller(as Trustees of Empire State Carpenters Annuity Fund), Michael Talarski, James A. Williams(as Trustees of the IBEW Local 910 Annuity Fund), James A. Williams(as Trustee of the IBEW Local 910 Pension Fund), Irving Wood. New Address: 476 - 9th Street, Oakland, CA, USA 94607,. (Hasselman, Margaret) (Entered: 08/27/2010)
ORDER granting 179 Motion for Shannon O. Lack and Tyler S. Graden to Appear Pro Hac Vice. So Ordered. (Signed by Judge Colleen McMahon on 8/26/2010) (js) (Entered: 08/26/2010)
MOTION for Shannon O. Lack and Tyler S. Graden to Appear Pro Hac Vice. Document filed by Board of Trustees of The Buffalo Laborers Security Fund (mbe) Modified on 8/26/2010 (tro). (Entered: 08/25/2010)
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENTS - MOTION for Leave to Appear Pro Hac Vice for Attorneys Shannon O. Lack and Tyler S. Graden. Document filed by Board of Trustees of The Buffalo Laborers Security Fund.(Silberstein, Milo) Modified on 8/25/2010 (db). (Entered: 08/24/2010)
NOTICE of Supplemental Authority re: 158 Memorandum of Law in Opposition to Motion, 159 Memorandum of Law in Opposition to Motion. Document filed by Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Retirement Fund. (Attachments: # 1 Attachment)(Hart, Barbara) (Entered: 08/19/2010)
MOTION for Cheri R. Tolin to Withdraw as Attorney. Document filed by Board of Trustees of The Buffalo Laborers Security Fund. (Attachments: # 1 Text of Proposed Order)(LeVan, Peter) (Entered: 08/17/2010)
ORDER VACATING ORDER FILED JULY 29, 2010 AND REINSTATING SCHEDULING ORDER OF JANUARY 15, 2010... (Signed by Judge Colleen McMahon on 8/2/2010). (mde) (Entered: 08/02/2010)
CERTIFICATE OF SERVICE. Document filed by Colleen Baldwin, Bank of New York Mellon Corporation, Kevin Bannon, Joseph Burns, Alan Chuang, Sean Cumiskey, Glenn Cummins, Stuart Davies, Adam Geiger, Farzine Hachemian, Ivy Asset Management Corporation, Jeffrey Lindenbaum, Jonathan Little, Robert Meschi, Peter Noris, Ronald P. O'Hanley, Steven Pisarkiewicz, Susan Rabinowitz, John Rogers, Mark Santero, Lawrence Simon, Sean Simon, Gregory Van Inwegen, Scott E. Wennerholm, Howard Wohl. (Rosenthal, Jeffrey) (Entered: 07/30/2010)
REPLY MEMORANDUM OF LAW in Support re: 152 MOTION to Dismiss.. Document filed by Colleen Baldwin, Bank of New York Mellon Corporation, Kevin Bannon, Joseph Burns, Alan Chuang, Sean Cumiskey, Glenn Cummins, Stuart Davies, Adam Geiger, Farzine Hachemian, Ivy Asset Management Corporation, Jeffrey Lindenbaum, Jonathan Little, Robert Meschi, Peter Noris, Ronald P. O'Hanley, Steven Pisarkiewicz, Susan Rabinowitz, John Rogers, Mark Santero, Lawrence Simon, Sean Simon, Gregory Van Inwegen, Scott E. Wennerholm, Howard Wohl. (Rosenthal, Jeffrey) (Entered: 07/30/2010)
REPLY MEMORANDUM OF LAW in Support re: 148 MOTION to Dismiss Second Amended Class Action Complaint.. Document filed by J.P. Jeanneret Associates, Inc., John P. Jeanneret, Paul L. Perry. (Whiteley, Brian) (Entered: 07/30/2010)
REPLY MEMORANDUM OF LAW in Support re: 143 MOTION to Dismiss second amended class action complaint.. Document filed by Margolin, Winer & Evens LLP. (Attachments: # 1 part 2 of Reply Memorandum of Law, # 2 Affidavit Certificate of Service)(Kossove, Scott) (Entered: 07/30/2010)
NOTICE of SUPPLEMENTAL AUTHORITY re: 158 Memorandum of Law in Opposition to Motion, 159 Memorandum of Law in Opposition to Motion. Document filed by Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Retirement Fund. (Attachments: # 1 Exhibit 1)(Hart, Barbara) (Entered: 07/30/2010)
(VACATED as per doc. #175): ORDER DISPOSING OF MOTION TO AMEND SCHEDULING ORDER, The motion is granted to the following extent: I am vacating that portion of the January 15, 2010 order that stays defendants' obligation to respond to the ERISA complaint until after I decide the securities motions to dismiss. Since we know that there will not be an answer, but rather a motion to dismiss, in the ERISA case as well, the parties should get together and set a briefing schedule for the ERISA dismissal motions, which should follow hard on the end of briefing on the securities motions. Do not set a schedule that ties briefing on the ERISA motions to the decision on the securities motions. The Clerk of the Court is directed to strike the "motion to amend scheduling order" (Docket # 165) from the Court's calendar of open motions. In the futures PLEASE do not use motions to deal with scheduling issues.. (Signed by Judge Colleen McMahon on 7/29/2010) BY ECF TO ALL COUNSEL(ae) . (Entered: 07/29/2010)
CERTIFICATE OF SERVICE. Document filed by Kimberly A. Bautista(as Trustees of the IBEW Local 139 Pension Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Annuity Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Pension Fund), Kimberly A. Bautista(as Trustee of the IBEW Local 241 Pension Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Joint Trust Fund), Rockne Burns, Elizabeth F. Cassada(as Trustees of the IBEW Local 910 Annuity Fund), Elizabeth F. Cassada(as Trustee of the IBEW Local 910 Pension Fund), James F. Collins(as Trustees of the IBEW Local 325 Joint Trust Fund), James F. Collins(as Trustees of the IBEW Local 325 Annuity Fund), James F. Collins(as Trustees of the IBEW Local 325 Pension Fund), Lyle D. Fassett, Earl R. Hall, Ernest A. Hartman, George Kennedy, Thomas R. Lostracco, Rodney Malarchik, Patrick Morin(as Trustees of Empire State Carpenters Pension Fund), Patrick Morin(as Trustees of the Empire State Carpenters Welfare Fund), Patrick Morin(as Trustees of Empire State Carpenters Annuity Fund), James Rounds, Carmen A. Serrett(as Trustees of the Laborers' Local 103 Annuity Fund), Carmen A. Serrett(as Trustee of the Laborers' Local 103 Pension Fund), Frank Spencer(as Trustees of Empire State Carpenters Annuity Fund), Frank Spencer(as Trustees of the Empire State Carpenters Welfare Fund ), Frank Spencer(as Trustees of Empire State Carpenters Pension Fund), Dale Stuhlmiller(as Trustees of Empire State Carpenters Pension Fund), Dale Stuhlmiller(as Trustees of the Empire State Carpenters Welfare Fund), Dale Stuhlmiller(as Trustees of Empire State Carpenters Annuity Fund), Michael Talarski, James A. Williams(as Trustees of the IBEW Local 910 Annuity Fund), James A. Williams(as Trustee of the IBEW Local 910 Pension Fund), Irving Wood. (Preminger, David) (Entered: 07/28/2010)
DECLARATION of Amy Williams-Derry in Support re: 165 MOTION to Amend/Correct Scheduling Order.. Document filed by Kimberly A. Bautista(as Trustees of the IBEW Local 139 Pension Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Annuity Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Pension Fund), Kimberly A. Bautista(as Trustee of the IBEW Local 241 Pension Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Joint Trust Fund), Rockne Burns, Elizabeth F. Cassada(as Trustees of the IBEW Local 910 Annuity Fund), Elizabeth F. Cassada(as Trustee of the IBEW Local 910 Pension Fund), James F. Collins(as Trustees of the IBEW Local 325 Joint Trust Fund), James F. Collins(as Trustees of the IBEW Local 325 Annuity Fund), James F. Collins(as Trustees of the IBEW Local 325 Pension Fund), Lyle D. Fassett, Earl R. Hall, Ernest A. Hartman, George Kennedy, Thomas R. Lostracco, Rodney Malarchik, Patrick Morin(as Trustees of Empire State Carpenters Pension Fund), Patrick Morin(as Trustees of the Empire State Carpenters Welfare Fund), Patrick Morin(as Trustees of Empire State Carpenters Annuity Fund), James Rounds, Carmen A. Serrett(as Trustees of the Laborers' Local 103 Annuity Fund), Carmen A. Serrett(as Trustee of the Laborers' Local 103 Pension Fund), Frank Spencer(as Trustees of Empire State Carpenters Annuity Fund), Frank Spencer(as Trustees of the Empire State Carpenters Welfare Fund ), Frank Spencer(as Trustees of Empire State Carpenters Pension Fund), Dale Stuhlmiller(as Trustees of Empire State Carpenters Pension Fund), Dale Stuhlmiller(as Trustees of the Empire State Carpenters Welfare Fund), Dale Stuhlmiller(as Trustees of Empire State Carpenters Annuity Fund), Michael Talarski, James A. Williams(as Trustees of the IBEW Local 910 Annuity Fund), James A. Williams(as Trustee of the IBEW Local 910 Pension Fund), Irving Wood. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Preminger, David) (Entered: 07/28/2010)
MEMORANDUM OF LAW in Support re: 165 MOTION to Amend/Correct Scheduling Order.. Document filed by Kimberly A. Bautista(as Trustees of the IBEW Local 139 Pension Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Annuity Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Pension Fund), Kimberly A. Bautista(as Trustee of the IBEW Local 241 Pension Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Joint Trust Fund), Rockne Burns, Elizabeth F. Cassada(as Trustees of the IBEW Local 910 Annuity Fund), Elizabeth F. Cassada(as Trustee of the IBEW Local 910 Pension Fund), James F. Collins(as Trustees of the IBEW Local 325 Joint Trust Fund), James F. Collins(as Trustees of the IBEW Local 325 Annuity Fund), James F. Collins(as Trustees of the IBEW Local 325 Pension Fund), Lyle D. Fassett, Earl R. Hall, Ernest A. Hartman, George Kennedy, Thomas R. Lostracco, Rodney Malarchik, Patrick Morin(as Trustees of Empire State Carpenters Pension Fund), Patrick Morin(as Trustees of the Empire State Carpenters Welfare Fund), Patrick Morin(as Trustees of Empire State Carpenters Annuity Fund), James Rounds, Carmen A. Serrett(as Trustees of the Laborers' Local 103 Annuity Fund), Carmen A. Serrett(as Trustee of the Laborers' Local 103 Pension Fund), Frank Spencer(as Trustees of Empire State Carpenters Annuity Fund), Frank Spencer(as Trustees of the Empire State Carpenters Welfare Fund ), Frank Spencer(as Trustees of Empire State Carpenters Pension Fund), Dale Stuhlmiller(as Trustees of Empire State Carpenters Pension Fund), Dale Stuhlmiller(as Trustees of the Empire State Carpenters Welfare Fund), Dale Stuhlmiller(as Trustees of Empire State Carpenters Annuity Fund), Michael Talarski, James A. Williams(as Trustees of the IBEW Local 910 Annuity Fund), James A. Williams(as Trustee of the IBEW Local 910 Pension Fund), Irving Wood. (Preminger, David) (Entered: 07/28/2010)
MOTION to Amend/Correct Scheduling Order. Document filed by Kimberly A. Bautista(as Trustees of the IBEW Local 139 Pension Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Annuity Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Pension Fund), Kimberly A. Bautista(as Trustee of the IBEW Local 241 Pension Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Joint Trust Fund), Rockne Burns, Elizabeth F. Cassada(as Trustees of the IBEW Local 910 Annuity Fund), Elizabeth F. Cassada(as Trustee of the IBEW Local 910 Pension Fund), James F. Collins(as Trustees of the IBEW Local 325 Joint Trust Fund), James F. Collins(as Trustees of the IBEW Local 325 Annuity Fund), James F. Collins(as Trustees of the IBEW Local 325 Pension Fund), Lyle D. Fassett, Earl R. Hall, Ernest A. Hartman, George Kennedy, Thomas R. Lostracco, Rodney Malarchik, Patrick Morin(as Trustees of Empire State Carpenters Pension Fund), Patrick Morin(as Trustees of the Empire State Carpenters Welfare Fund), Patrick Morin(as Trustees of Empire State Carpenters Annuity Fund), James Rounds, Carmen A. Serrett(as Trustees of the Laborers' Local 103 Annuity Fund), Carmen A. Serrett(as Trustee of the Laborers' Local 103 Pension Fund), Frank Spencer(as Trustees of Empire State Carpenters Annuity Fund), Frank Spencer(as Trustees of the Empire State Carpenters Welfare Fund ), Frank Spencer(as Trustees of Empire State Carpenters Pension Fund), Dale Stuhlmiller(as Trustees of Empire State Carpenters Pension Fund), Dale Stuhlmiller(as Trustees of the Empire State Carpenters Welfare Fund), Dale Stuhlmiller(as Trustees of Empire State Carpenters Annuity Fund), Michael Talarski, James A. Williams(as Trustees of the IBEW Local 910 Annuity Fund), James A. Williams(as Trustee of the IBEW Local 910 Pension Fund), Irving Wood.(Preminger, David) (Entered: 07/28/2010)
CERTIFICATE OF SERVICE. Document filed by Kimberly A. Bautista(as Trustees of the IBEW Local 139 Pension Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Annuity Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Pension Fund), Kimberly A. Bautista(as Trustee of the IBEW Local 241 Pension Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Joint Trust Fund), Rockne Burns, Elizabeth F. Cassada(as Trustees of the IBEW Local 910 Annuity Fund), Elizabeth F. Cassada(as Trustee of the IBEW Local 910 Pension Fund), James F. Collins(as Trustees of the IBEW Local 325 Joint Trust Fund), James F. Collins(as Trustees of the IBEW Local 325 Annuity Fund), James F. Collins(as Trustees of the IBEW Local 325 Pension Fund), Lyle D. Fassett, Earl R. Hall, Ernest A. Hartman, George Kennedy, Thomas R. Lostracco, Rodney Malarchik, Patrick Morin(as Trustees of Empire State Carpenters Pension Fund), Patrick Morin(as Trustees of the Empire State Carpenters Welfare Fund), Patrick Morin(as Trustees of Empire State Carpenters Annuity Fund), James Rounds, Carmen A. Serrett(as Trustees of the Laborers' Local 103 Annuity Fund), Carmen A. Serrett(as Trustee of the Laborers' Local 103 Pension Fund), Frank Spencer(as Trustees of Empire State Carpenters Annuity Fund), Frank Spencer(as Trustees of the Empire State Carpenters Welfare Fund ), Frank Spencer(as Trustees of Empire State Carpenters Pension Fund), Dale Stuhlmiller(as Trustees of Empire State Carpenters Pension Fund), Dale Stuhlmiller(as Trustees of the Empire State Carpenters Welfare Fund), Dale Stuhlmiller(as Trustees of Empire State Carpenters Annuity Fund), Michael Talarski, James A. Williams(as Trustees of the IBEW Local 910 Annuity Fund), James A. Williams(as Trustee of the IBEW Local 910 Pension Fund), Irving Wood. (Preminger, David) (Entered: 07/26/2010)
FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Amy Williams-Derry in Support re: 162 MOTION to Amend/Correct Scheduling Order. Document filed by Kimberly A. Bautista(as Trustees of the IBEW Local 139 Pension Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Annuity Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Pension Fund), Kimberly A. Bautista(as Trustee of the IBEW Local 241 Pension Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Joint Trust Fund), Rockne Burns, Elizabeth F. Cassada(as Trustees of the IBEW Local 910 Annuity Fund), Elizabeth F. Cassada(as Trustee of the IBEW Local 910 Pension Fund), James F. Collins(as Trustees of the IBEW Local 325 Joint Trust Fund), James F. Collins(as Trustees of the IBEW Local 325 Annuity Fund), James F. Collins(as Trustees of the IBEW Local 325 Pension Fund), Lyle D. Fassett, Earl R. Hall, Ernest A. Hartman, George Kennedy, Thomas R. Lostracco, Rodney Malarchik, Patrick Morin(as Trustees of Empire State Carpenters Pension Fund), Patrick Morin(as Trustees of the Empire State Carpenters Welfare Fund), Patrick Morin(as Trustees of Empire State Carpenters Annuity Fund), James Rounds, Carmen A. Serrett(as Trustees of the Laborers' Local 103 Annuity Fund), Carmen A. Serrett(as Trustee of the Laborers' Local 103 Pension Fund), Frank Spencer(as Trustees of Empire State Carpenters Annuity Fund), Frank Spencer(as Trustees of the Empire State Carpenters Welfare Fund ), Frank Spencer(as Trustees of Empire State Carpenters Pension Fund), Dale Stuhlmiller(as Trustees of Empire State Carpenters Pension Fund), Dale Stuhlmiller(as Trustees of the Empire State Carpenters Welfare Fund), Dale Stuhlmiller(as Trustees of Empire State Carpenters Annuity Fund), Michael Talarski, James A. Williams(as Trustees of the IBEW Local 910 Annuity Fund), James A. Williams(as Trustee of the IBEW Local 910 Pension Fund), Irving Wood. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Preminger, David) Modified on 7/28/2010 (db). (Entered: 07/26/2010)
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Amend/Correct Scheduling Order. Document filed by Kimberly A. Bautista(as Trustees of the IBEW Local 139 Pension Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Annuity Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Pension Fund), Kimberly A. Bautista(as Trustee of the IBEW Local 241 Pension Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Joint Trust Fund), Rockne Burns, Elizabeth F. Cassada(as Trustees of the IBEW Local 910 Annuity Fund), Elizabeth F. Cassada(as Trustee of the IBEW Local 910 Pension Fund), James F. Collins(as Trustees of the IBEW Local 325 Joint Trust Fund), James F. Collins(as Trustees of the IBEW Local 325 Annuity Fund), James F. Collins(as Trustees of the IBEW Local 325 Pension Fund), Lyle D. Fassett, Earl R. Hall, Ernest A. Hartman, Thomas R. Lostracco, Rodney Malarchik, Patrick Morin(as Trustees of Empire State Carpenters Pension Fund), Patrick Morin(as Trustees of the Empire State Carpenters Welfare Fund), Patrick Morin(as Trustees of Empire State Carpenters Annuity Fund), James Rounds, Carmen A. Serrett(as Trustees of the Laborers' Local 103 Annuity Fund), Carmen A. Serrett(as Trustee of the Laborers' Local 103 Pension Fund), Frank Spencer(as Trustees of Empire State Carpenters Annuity Fund), Frank Spencer(as Trustees of the Empire State Carpenters Welfare Fund ), Frank Spencer(as Trustees of Empire State Carpenters Pension Fund), Dale Stuhlmiller(as Trustees of Empire State Carpenters Pension Fund), Dale Stuhlmiller(as Trustees of the Empire State Carpenters Welfare Fund), Dale Stuhlmiller(as Trustees of Empire State Carpenters Annuity Fund), Michael Talarski, James A. Williams(as Trustees of the IBEW Local 910 Annuity Fund), James A. Williams(as Trustee of the IBEW Local 910 Pension Fund), Irving Wood.(Preminger, David) Modified on 7/28/2010 (db). (Entered: 07/26/2010)
CERTIFICATE OF SERVICE. Document filed by Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Retirement Fund. (Hart, Barbara) (Entered: 07/23/2010)
MEMORANDUM OF LAW in Opposition re: 143 MOTION to Dismiss second amended class action complaint.. Document filed by Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Retirement Fund. (Hart, Barbara) (Entered: 07/23/2010)
MEMORANDUM OF LAW in Opposition re: 152 MOTION to Dismiss. 148 MOTION to Dismiss Second Amended Class Action Complaint. Document filed by Local 267 Insurance Fund, Local 267 Pension Fund, Local 73 Annuity Fund, Local 73 Retirement Fund. (Hart, Barbara) Modified on 7/26/2010 (db). Modified on 7/26/2010 (db). (Entered: 07/23/2010)
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Amend/Correct Scheduling Order. Document filed by Kimberly A. Bautista(as Trustees of the IBEW Local 139 Pension Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Annuity Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Pension Fund), Kimberly A. Bautista(as Trustee of the IBEW Local 241 Pension Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Joint Trust Fund), Rockne Burns, Elizabeth F. Cassada(as Trustees of the IBEW Local 910 Annuity Fund), Elizabeth F. Cassada(as Trustee of the IBEW Local 910 Pension Fund), James F. Collins(as Trustees of the IBEW Local 325 Joint Trust Fund), James F. Collins(as Trustees of the IBEW Local 325 Annuity Fund), James F. Collins(as Trustees of the IBEW Local 325 Pension Fund), Lyle D. Fassett, Earl R. Hall, Ernest A. Hartman, George Kennedy, Thomas R. Lostracco, Rodney Malarchik, Patrick Morin(as Trustees of Empire State Carpenters Pension Fund), Patrick Morin(as Trustees of the Empire State Carpenters Welfare Fund), Patrick Morin(as Trustees of Empire State Carpenters Annuity Fund), James Rounds, Carmen A. Serrett(as Trustees of the Laborers' Local 103 Annuity Fund), Carmen A. Serrett(as Trustee of the Laborers' Local 103 Pension Fund), Frank Spencer(as Trustees of Empire State Carpenters Annuity Fund), Frank Spencer(as Trustees of the Empire State Carpenters Welfare Fund ), Frank Spencer(as Trustees of Empire State Carpenters Pension Fund), Dale Stuhlmiller(as Trustees of Empire State Carpenters Pension Fund), Dale Stuhlmiller(as Trustees of the Empire State Carpenters Welfare Fund), Dale Stuhlmiller(as Trustees of Empire State Carpenters Annuity Fund), Michael Talarski, James A. Williams(as Trustees of the IBEW Local 910 Annuity Fund), James A. Williams(as Trustee of the IBEW Local 910 Pension Fund), Irving Wood. (Attachments: # 1 Affidavit Declaration of Amy Williams-Derry in Support of Motion to Amend Scheduling Order, # 2 Exhibit A to Declaration of AWD, # 3 Exhibit B to Declaration of AWD, # 4 Certificate of Service)(Preminger, David) Modified on 7/26/2010 (db). (Entered: 07/23/2010)
MEMORANDUM OF LAW in Opposition re: 152 MOTION to Dismiss.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund. (LeVan, Peter) (Entered: 07/23/2010)
CERTIFICATE OF SERVICE. Document filed by Lawrence Simon, Howard Wohl, Adam Geiger, Jeffrey Lindenbaum, John Rogers, Sean Simon, Kevin Bannon, Steven Pisarkiewicz, Robert Meschi, Susan Rabinowitz, Alan Chuang, Gregory Van Inwegen, Sean Cumiskey, Stuart Davies, Joseph Burns, Mark Santero, Peter Noris, Farzine Hachemian, Colleen Baldwin, Glenn Cummins, Scott E. Wennerholm, Jonathan Little, Ronald P. O'Hanley, Ivy Asset Management Corporation, Bank of New York Mellon Corporation. (Rosenthal, Jeffrey) (Entered: 06/30/2010)
DECLARATION of Jeffrey A. Rosenthal in Support re: 152 MOTION to Dismiss.. Document filed by Lawrence Simon, Howard Wohl, Adam Geiger, Jeffrey Lindenbaum, John Rogers, Sean Simon, Kevin Bannon, Steven Pisarkiewicz, Robert Meschi, Susan Rabinowitz, Alan Chuang, Gregory Van Inwegen, Sean Cumiskey, Stuart Davies, Joseph Burns, Mark Santero, Peter Noris, Farzine Hachemian, Colleen Baldwin, Glenn Cummins, Scott E. Wennerholm, Jonathan Little, Ronald P. O'Hanley, Ivy Asset Management Corporation, Bank of New York Mellon Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q - Part I, # 18 Exhibit Q - Part II)(Rosenthal, Jeffrey) (Entered: 06/30/2010)
MEMORANDUM OF LAW in Support re: 152 MOTION to Dismiss.. Document filed by Lawrence Simon, Howard Wohl, Adam Geiger, Jeffrey Lindenbaum, John Rogers, Sean Simon, Kevin Bannon, Steven Pisarkiewicz, Robert Meschi, Susan Rabinowitz, Alan Chuang, Gregory Van Inwegen, Sean Cumiskey, Stuart Davies, Joseph Burns, Mark Santero, Peter Noris, Farzine Hachemian, Colleen Baldwin, Glenn Cummins, Scott E. Wennerholm, Jonathan Little, Ronald P. O'Hanley, Ivy Asset Management Corporation, Bank of New York Mellon Corporation. (Rosenthal, Jeffrey) (Entered: 06/30/2010)
MOTION to Dismiss. Document filed by Lawrence Simon, Howard Wohl, Adam Geiger, Jeffrey Lindenbaum, John Rogers, Sean Simon, Kevin Bannon, Steven Pisarkiewicz, Robert Meschi, Susan Rabinowitz, Alan Chuang, Gregory Van Inwegen, Sean Cumiskey, Stuart Davies, Joseph Burns, Mark Santero, Peter Noris, Farzine Hachemian, Colleen Baldwin, Glenn Cummins, Scott E. Wennerholm, Jonathan Little, Ronald P. O'Hanley, Ivy Asset Management Corporation, Bank of New York Mellon Corporation.(Rosenthal, Jeffrey) (Entered: 06/30/2010)
ANSWER to Amended Complaint. Document filed by J.P. Jeanneret Associates, Inc., John P. Jeanneret, Paul L. Perry. Related document: 138 Amended Complaint,,,, filed by Board of Trustees of The Buffalo Laborers Security Fund.(Whiteley, Brian) (Entered: 06/30/2010)
MEMORANDUM OF LAW in Support re: 148 MOTION to Dismiss Second Amended Class Action Complaint.. Document filed by J.P. Jeanneret Associates, Inc., John P. Jeanneret, Paul L. Perry. (Whiteley, Brian) (Entered: 06/30/2010)
MOTION to Dismiss Second Amended Class Action Complaint. Document filed by J.P. Jeanneret Associates, Inc., John P. Jeanneret, Paul L. Perry.(Whiteley, Brian) (Entered: 06/30/2010)
CERTIFICATE OF SERVICE of memorandum of law in support of motion to dismiss. Document filed by Margolin, Winer & Evens LLP. (Kossove, Scott) (Entered: 06/30/2010)
MEMORANDUM OF LAW in Support re: 143 MOTION to Dismiss second amended class action complaint.. Document filed by Margolin, Winer & Evens LLP. (Attachments: # 1 Part 2 of Memorandum of law)(Kossove, Scott) (Entered: 06/30/2010)
AFFIDAVIT of Scott E. Kossove in Support re: 143 MOTION to Dismiss second amended class action complaint.. Document filed by Margolin, Winer & Evens LLP. (Attachments: # 1 Exhibit A (Part 1 of 7), # 2 Exhibit A (Part 2 of 7), # 3 Exhibit A (Part 3 of 7), # 4 Exhibit A (Part 4 of 7), # 5 Exhibit A (Part 5 of 7), # 6 Exhibit A (Part 6 of 7), # 7 Exhibit A (Part 7 of 7))(Kossove, Scott) (Entered: 06/30/2010)
MOTION to Dismiss second amended class action complaint. Document filed by Margolin, Winer & Evens LLP. Responses due by 7/23/2010(Kossove, Scott) (Entered: 06/30/2010)
AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,,,,. Lawrence Simon served on 1/6/2010, answer due 6/11/2010; Howard Wohl served on 1/6/2010, answer due 6/11/2010; Adam Geiger served on 1/6/2010, answer due 6/11/2010; John Rogers served on 1/6/2010, answer due 6/11/2010; Sean Simon served on 1/6/2010, answer due 6/11/2010; Steven Pisarkiewicz served on 1/6/2010, answer due 6/11/2010; Robert Meschi served on 1/6/2010, answer due 6/11/2010; Susan Rabinowitz served on 1/6/2010, answer due 6/11/2010; Gregory Van Inwegen served on 1/6/2010, answer due 6/11/2010; Mark Santero served on 12/20/2009, answer due 6/11/2010; Peter Noris served on 1/6/2010, answer due 6/11/2010; Catherine Rein served on 12/18/2009, answer due 6/11/2010; William Richardson served on 12/18/2009, answer due 6/11/2010; Brian Roberts served on 12/18/2009, answer due 6/11/2010; Samuel Scott, III served on 12/18/2009, answer due 6/11/2010; Richard Vaughan served on 12/18/2009, answer due 6/11/2010; Wesley Von Schack served on 12/18/2009, answer due 6/11/2010; J.P. Jeanneret Associates, Inc. served on 4/28/2009, answer due 6/11/2010; Scott E. Wennerholm answer due 6/11/2010; Ronald P. O'Hanley answer due 6/11/2010; John P. Jeanneret served on 5/1/2009, answer due 6/11/2010; Paul L. Perry served on 4/28/2009, answer due 6/11/2010; Ivy Asset Management Corporation served on 4/23/2009, answer due 6/11/2010; Bank of New York Mellon Corporation served on 4/23/2009, answer due 6/11/2010; Margolin, Winer & Evens LLP served on 4/27/2009, answer due 6/11/2010. Service was made by Mail. Document filed by Local 73 Annuity Fund; Local 73 Retirement Fund; Local 267 Pension Fund. (Hart, Barbara) (Entered: 06/16/2010)
AFFIDAVIT OF SERVICE. Paul Myners served on 4/30/2010, answer due 5/21/2010. Service was accepted by Paul Myners. Document filed by Ernest A. Hartman; Kimberly A. Bautista(as Trustees of the IBEW Local 139 Pension Fund); James F. Collins(as Trustees of the IBEW Local 325 Pension Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Pension Fund); James F. Collins(as Trustees of the IBEW Local 325 Annuity Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Annuity Fund); James F. Collins(as Trustees of the IBEW Local 325 Joint Trust Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Joint Trust Fund); Michael Talarski; Kimberly A. Bautista(as Trustee of the IBEW Local 241 Pension Fund); Elizabeth F. Cassada(as Trustees of the IBEW Local 910 Annuity Fund); James A. Williams(as Trustees of the IBEW Local 910 Annuity Fund); Elizabeth F. Cassada(as Trustee of the IBEW Local 910 Pension Fund); James A. Williams(as Trustee of the IBEW Local 910 Pension Fund); Thomas R. Lostracco; George Kennedy; Rodney Malarchik; Irving Wood; James Rounds; Lyle D. Fassett; Rockne Burns; Carmen A. Serrett(as Trustees of the Laborers' Local 103 Annuity Fund); Earl R. Hall; Carmen A. Serrett(as Trustee of the Laborers' Local 103 Pension Fund); Patrick Morin(as Trustees of Empire State Carpenters Pension Fund); Dale Stuhlmiller(as Trustees of Empire State Carpenters Pension Fund); Patrick Morin(as Trustees of Empire State Carpenters Annuity Fund); Dale Stuhlmiller(as Trustees of Empire State Carpenters Annuity Fund); Patrick Morin(as Trustees of the Empire State Carpenters Welfare Fund); Dale Stuhlmiller(as Trustees of the Empire State Carpenters Welfare Fund). (Williams-Derry, Amy) (Entered: 05/25/2010)
THIRD AMENDED COMPLAINT amending 1 Complaint, against Paul Perry, Lawrence Simon, Howard Wohl, Adam Geiger, Jeffrey Lindenbaum, John Rogers, Sean Simon, Colleen Baldwin, Glenn Cummins, J.P. Jeanneret Associates, Inc., John P. Jeanneret, Ivy Asset Management Corporation, Bank of New York Mellon Corporation.Document filed by Ernest A. Hartman, Kimberly A. Bautista(as Trustees of the IBEW Local 139 Pension Fund), James F. Collins(as Trustees of the IBEW Local 325 Pension Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Pension Fund), James F. Collins(as Trustees of the IBEW Local 325 Annuity Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Annuity Fund), James F. Collins(as Trustees of the IBEW Local 325 Joint Trust Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Joint Trust Fund), Michael Talarski, Kimberly A. Bautista(as Trustee of the IBEW Local 241 Pension Fund), Elizabeth F. Cassada(as Trustees of the IBEW Local 910 Annuity Fund), James A. Williams(as Trustees of the IBEW Local 910 Annuity Fund), Elizabeth F. Cassada(as Trustee of the IBEW Local 910 Pension Fund), James A. Williams(as Trustee of the IBEW Local 910 Pension Fund), Thomas R. Lostracco, George Kennedy, Rodney Malarchik, Irving Wood, Lyle D. Fassett, Rockne Burns, Carmen A. Serrett(as Trustees of the Laborers' Local 103 Annuity Fund), Earl R. Hall, Carmen A. Serrett(as Trustee of the Laborers' Local 103 Pension Fund), Dale Stuhlmiller(as Trustees of Empire State Carpenters Pension Fund), Dale Stuhlmiller(as Trustees of Empire State Carpenters Annuity Fund), Dale Stuhlmiller(as Trustees of the Empire State Carpenters Welfare Fund), Local 267 Insurance Fund. Related document: 1 Complaint, filed by Local 73 Annuity Fund.(rdz) (Entered: 05/25/2010)
SECOND AMENDED COMPLAINT amending 50 Complaint, against Income-Plus Investment Fund, Paul Perry, Lawrence Simon, Howard Wohl, Adam Geiger, Jeffrey Lindenbaum, John Rogers, Sean Simon, Kevin Bannon, Steven Pisarkiewicz, Robert Meschi, Susan Rabinowitz, Michael Singer, Alan Chuang, Gregory Van Inwegen, Sean Cumiskey, Stuart Davies, Joseph Burns, Mark Santero, Peter Noris, Farzine Hachemian, Colleen Baldwin, Glenn Cummins, Ivy Manager Approval Committee, Ivy Investment Committee, Ivy Strategic Operating Committee, Frank Biondi, Jr, Nicholas Donofrio, Edmund Kelly, Michael Kowalski, John Jr. Luke, Paul Myners, Mark Nordenberg, Catherine Rein, William Richardson, Brian Roberts, Samuel Scott, III, Richard Vaughan, Wesley Von Schack, Bank of New York Mellon Corporation Risk Committee, Custodial Trust Company, J.P. Jeanneret Associates, Inc., Scott E. Wennerholm, Jonathan Little, Ronald P. O'Hanley, John P. Jeanneret, Paul L. Perry, Ivy Asset Management Corporation, Bank of New York Mellon Corporation, Margolin, Winer & Evens LLP.Document filed by Kimberly A. Bautista, Rockne Burns, Elizabeth F. Cassada, James F. Collins, Lyle D. Fasset, Earl R. Hall, Ernest A. Hartman, George Kennedy, Thomas R. Lostracco, Rodney Malarchik, Frank Spencer, James Rounds, Carmen, A. Serrett, Dale Stulmiller, Micahel Talarski, James A. Williams, Irving Wood . Related document: 50 Complaint, filed by Kimberly A. Bautista, Rockne Burns, Elizabeth F. Cassada, James F. Collins, Lyle D. Fasset, Earl R. Hall, Ernest A. Hartman, George Kennedy, Thomas R. Lostracco, Rodney Malarchik, Frank Spencer, James Rounds, Carmen, A. Serrett, Dale Stulmiller, Micahel Talarski, James A. Williams, Irving Wood .(rdz) (ama). Modified on 6/1/2010 (rdz). Modified on 6/8/2010 (rdz). Modified on 6/8/2010 (rdz). (Additional attachment(s) added on 7/23/2010: # 1 Main Document, # 2 Affidavit) (rdz). (Additional attachment(s) added on 8/5/2010: # 1 Exhibit, # 2 Exhibit) (rdz). (Additional attachment(s) added on 9/14/2010: # 3 Main Document) (ae). (Attachment 2 replaced on 9/14/2010) (ama). (ama). (Additional attachment(s) added on 9/14/2010: # 1 Certificte of Service) (ama). (Entered: 05/25/2010)
AMENDED COMPLAINT amending 1 Complaint, against Income-Plus Investment Fund, Paul Perry, Lawrence Simon, Howard Wohl, Adam Geiger, Jeffrey Lindenbaum, John Rogers, Sean Simon, Kevin Bannon, Steven Pisarkiewicz, Robert Meschi, Susan Rabinowitz, Michael Singer, Alan Chuang, Gregory Van Inwegen, Sean Cumiskey, Stuart Davies, Joseph Burns, Mark Santero, Peter Noris, Farzine Hachemian, Colleen Baldwin, Glenn Cummins, Ivy Manager Approval Committee, Ivy Investment Committee, Ivy Strategic Operating Committee, Frank Biondi, Jr, Nicholas Donofrio, Edmund Kelly, Michael Kowalski, John Jr. Luke, Paul Myners, Mark Nordenberg, Catherine Rein, William Richardson, Brian Roberts, Samuel Scott, III, Richard Vaughan, Wesley Von Schack, Bank of New York Mellon Corporation Risk Committee, Custodial Trust Company, J.P. Jeanneret Associates, Inc., Scott E. Wennerholm, Jonathan Little, Ronald P. O'Hanley, John P. Jeanneret, Paul L. Perry, Ivy Asset Management Corporation, Bank of New York Mellon Corporation, Margolin, Winer & Evens LLP.Document filed by Board of Trustees of The Buffalo Laborers Security Fund. Related document: 1 Complaint, filed by Local 73 Annuity Fund. (Attachments: # 1 Supplement, # 2 Supplement, # 3 Supplement)(rdz) (Entered: 05/25/2010)
CERTIFICATE OF SERVICE of First Amended Consolidated Class Action Complaint served on Jeffrey Rosenthal on 05/21/10. Service was made by Mail. Document filed by Board of Trustees of The Buffalo Laborers Security Fund. (Silberstein, Milo) (Entered: 05/21/2010)
CERTIFICATE OF SERVICE of First Amended Consolidated Class Action Complaint served on Brian E. Whiteley on 05/21/10. Service was made by Mail. Document filed by Board of Trustees of The Buffalo Laborers Security Fund. (Silberstein, Milo) (Entered: 05/21/2010)
ENDORSED LETTER addressed to Judge Colleen McMahon from Barbara J. Hart dated 5/11/2010 re: We intend to file a motion seeking Your Honor's leave to amend the complaint. ENDORSEMENT: Don't bother the move - just file an amended complaint in 10 days - Pending motion to dismiss denied as moot - new motion by June 30. (Signed by Judge Colleen McMahon on 5/13/2010) (jpo) (Entered: 05/14/2010)
ENDORSED LETTER addressed to Counsel from Judge Colleen McMahon dated 5/13/2010 re: Your correspondence. ENDORSEMENT: I was expecting to hear from you. Of course I would not consider the Attorney General's complaint in connection with my evaluation of the Amended Class and Amended ERISA Class complaints. However, there is no way that I would deny motions for leave to amend, either. So please don't bother to move. Just amend both complaints within ten days (i.e., by 5/21/2010). The pending motions are denied as moot in view of the amendment of the complaints. New motions to dismiss should be filed by June 30, with responsive papers due July 23 and replies July 30. Understand: I expect defendants to edit their existing motions papers to deal with the new fact allegations, and I don't think they will need to do much in order to accomplish that. But I am giving you some time to get it done. I will not grant any extensions of this schedule, as I want to get this case moving this fall. (Motions due by 6/30/2010. Responses due by 7/23/2010. Replies due by 7/30/2010.) Motions terminated: 79 AMENDED MOTION to Dismiss, 61 MOTION to Dismiss consolidated amended class action complaint, 60 MOTION to Dismiss, 67 MOTION to Dismiss, 127 MOTION to Dismiss, 73 MOTION to Dismiss the Consolidated Amended Class Action Complaint. (Signed by Judge Colleen McMahon on 5/13/2010) (tro) Modified on 5/14/2010 (tro). (Entered: 05/13/2010)
NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE OF CLAIMS AGAINST PETER ROSE ONLY: Pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, Plaintiffs hereby voluntarily dismiss this action as against Defendant Peter Rose without prejudice. This will not affect any other claims the Plaintiffs have against any other party. (Signed by Judge Colleen McMahon on 4/5/2010) (jfe) (Entered: 04/05/2010)
DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Peter Rose. Document filed by Board of Trustees of The Buffalo Laborers Security Fund. (LeVan, Peter) Modified on 4/2/2010 (ml). (Entered: 04/01/2010)
DECLARATION of Lewis J. Liman in Support re: 127 MOTION to Dismiss.. Document filed by Peter Rose. (Attachments: # 1 Exhibit A)(Liman, Lewis) (Entered: 03/19/2010)
NOTICE OF APPEARANCE by Lewis J. Liman on behalf of Lawrence Simon, Howard Wohl, Adam Geiger, Jeffrey Lindenbaum, John Rogers, Sean Simon, Kevin Bannon, Steven Pisarkiewicz, Robert Meschi, Susan Rabinowitz, Michael Singer, Alan Chuang, Gregory Van Inwegen, Sean Cumiskey, Stuart Davies, Peter Rose, Joseph Burns, Mark Santero, Peter Noris, Farzine Hachemian, Colleen Baldwin, Glenn Cummins, Scott E. Wennerholm, Jonathan Little, Ronald P. O'Hanley, Ivy Asset Management Corporation, Bank of New York Mellon Corporation (Attachments: # 1 Certificate of Service)(Liman, Lewis) (Entered: 03/19/2010)
AFFIDAVIT OF SERVICE. Bank of New York Mellon Corporation Risk Committee served on 1/8/2010, answer due 1/29/2010. Service was accepted by Registered Agent Corporation Trust Company, Scott LaScala. Document filed by Ernest A. Hartman; Kimberly A. Bautista(as Trustees of the IBEW Local 139 Pension Fund); James F. Collins(as Trustees of the IBEW Local 325 Pension Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Pension Fund); James F. Collins(as Trustees of the IBEW Local 325 Annuity Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Annuity Fund); James F. Collins(as Trustees of the IBEW Local 325 Joint Trust Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Joint Trust Fund); Michael Talarski; Kimberly A. Bautista(as Trustee of the IBEW Local 241 Pension Fund); Elizabeth F. Cassada(as Trustees of the IBEW Local 910 Annuity Fund); James A. Williams(as Trustees of the IBEW Local 910 Annuity Fund); Elizabeth F. Cassada(as Trustee of the IBEW Local 910 Pension Fund); James A. Williams(as Trustee of the IBEW Local 910 Pension Fund); Thomas R. Lostracco; George Kennedy; Rodney Malarchik; Irving Wood; James Rounds; Lyle D. Fassett; Rockne Burns; Carmen A. Serrett(as Trustees of the Laborers' Local 103 Annuity Fund); Earl R. Hall; Carmen A. Serrett(as Trustee of the Laborers' Local 103 Pension Fund); Patrick Morin(as Trustees of Empire State Carpenters Pension Fund); Dale Stuhlmiller(as Trustees of Empire State Carpenters Pension Fund); Patrick Morin(as Trustees of Empire State Carpenters Annuity Fund); Dale Stuhlmiller(as Trustees of Empire State Carpenters Annuity Fund); Patrick Morin(as Trustees of the Empire State Carpenters Welfare Fund); Dale Stuhlmiller(as Trustees of the Empire State Carpenters Welfare Fund). (Williams-Derry, Amy) (Entered: 03/12/2010)
ORDER FOR ADMISSION PRO HAC VICE, that said motion is GRANTED, and Jeffrey E. McFadden shall be permitted to appear pro hac vice in this matter as counsel for Custodial Trust Company. (Signed by Judge Colleen McMahon on 3/8/10) (pl) (Entered: 03/08/2010)
CERTIFICATE OF SERVICE. Document filed by Lawrence Simon, Howard Wohl, Adam Geiger, Jeffrey Lindenbaum, John Rogers, Sean Simon, Kevin Bannon, Steven Pisarkiewicz, Robert Meschi, Susan Rabinowitz, Michael Singer, Alan Chuang, Gregory Van Inwegen, Sean Cumiskey, Stuart Davies, Joseph Burns, Mark Santero, Peter Noris, Farzine Hachemian, Colleen Baldwin, Glenn Cummins, Scott E. Wennerholm, Jonathan Little, Ronald P. O'Hanley, Ivy Asset Management Corporation, Bank of New York Mellon Corporation. (Rosenthal, Jeffrey) (Entered: 03/05/2010)
REPLY MEMORANDUM OF LAW in Support re: 79 AMENDED MOTION to Dismiss.. Document filed by Lawrence Simon, Howard Wohl, Adam Geiger, Jeffrey Lindenbaum, John Rogers, Sean Simon, Kevin Bannon, Steven Pisarkiewicz, Robert Meschi, Susan Rabinowitz, Michael Singer, Alan Chuang, Gregory Van Inwegen, Sean Cumiskey, Stuart Davies, Joseph Burns, Mark Santero, Peter Noris, Farzine Hachemian, Colleen Baldwin, Glenn Cummins, Scott E. Wennerholm, Jonathan Little, Ronald P. O'Hanley, Ivy Asset Management Corporation, Bank of New York Mellon Corporation. (Rosenthal, Jeffrey) (Entered: 03/05/2010)
REPLY MEMORANDUM OF LAW in Support re: 67 MOTION to Dismiss.. Document filed by J.P. Jeanneret Associates, Inc., John P. Jeanneret, Paul L. Perry. (Whiteley, Brian) (Entered: 03/05/2010)
CERTIFICATE OF SERVICE of reply memorandum of law served on all parties on 3/5/10. Document filed by Margolin, Winer & Evens LLP. (Kossove, Scott) (Entered: 03/05/2010)
REPLY MEMORANDUM OF LAW in Support re: 61 MOTION to Dismiss consolidated amended class action complaint.. Document filed by Margolin, Winer & Evens LLP. (Attachments: # 1 part 2 of reply memorandum of law)(Kossove, Scott) (Entered: 03/05/2010)
CERTIFICATE OF SERVICE of reply affidavit served on all parties on 3/5/10. Document filed by Margolin, Winer & Evens LLP. (Kossove, Scott) (Entered: 03/05/2010)
REPLY AFFIDAVIT of Scott E. Kossove in Support re: 61 MOTION to Dismiss consolidated amended class action complaint.. Document filed by Margolin, Winer & Evens LLP. (Kossove, Scott) (Entered: 03/05/2010)
NOTICE OF CHANGE OF ADDRESS by Brian E. Whiteley on behalf of J.P. Jeanneret Associates, Inc., John P. Jeanneret, Paul L. Perry. New Address: Hiscock & Barclay, LLP, One International Place, 26th Floor, Boston, MA, 02110, 617-274-2900. (Whiteley, Brian) (Entered: 03/05/2010)
NOTICE OF CHANGE OF ADDRESS by Carolyn Anne Marcotte on behalf of J.P. Jeanneret Associates, Inc., John P. Jeanneret, Paul L. Perry. New Address: Hiscock & Barclay, LLP, One International Place, 26th Floor, Boston, MA, 02110, 617-274-2900. (Marcotte, Carolyn) (Entered: 03/05/2010)
MOTION TO ADMIT COUNSEL PRO HAC VICE, for an order for Jeffrey E. McFadden to Appear Pro Hac Vice, w/ attch. Declaration in support. Document filed by Custodial Trust Company.(pl) (Entered: 03/04/2010)
DECLARATION of Barbara J. Hart in Opposition re: 61 MOTION to Dismiss consolidated amended class action complaint., 60 MOTION to Dismiss., 79 AMENDED MOTION to Dismiss., 67 MOTION to Dismiss., 73 MOTION to Dismiss the Consolidated Amended Class Action Complaint.. Document filed by Local 73 Annuity Fund, Local 73 Retirement Fund, Local 267 Pension Fund, Local 267 Insurance Fund. (Attachments: # 1 Exhibit Exhibit A - SEC Press Release, # 2 Exhibit Markopolos letter, # 3 Exhibit South Cherry complaint, # 4 Exhibit Exhibit D - Merkin Decision, # 5 Exhibit E - Baker complaint, # 6 Exhibit F - Income Plus Audited Statements, # 7 Exhibit G - Capital Acct. Reports, # 8 Exhibit H - Written Testimony SEC Ins. Gen., # 9 Certificate of Service)(Hart, Barbara) (Entered: 02/19/2010)
MEMORANDUM OF LAW in Opposition re: 61 MOTION to Dismiss consolidated amended class action complaint.. Document filed by Local 73 Annuity Fund, Local 73 Retirement Fund, Local 267 Pension Fund, Local 267 Insurance Fund. (Attachments: # 1 Certificate of Service)(Hart, Barbara) (Entered: 02/19/2010)
MEMORANDUM OF LAW in Opposition re: 60 MOTION to Dismiss., 79 AMENDED MOTION to Dismiss., 67 MOTION to Dismiss., 73 MOTION to Dismiss the Consolidated Amended Class Action Complaint. PART TWO. Document filed by Local 73 Annuity Fund, Local 73 Retirement Fund, Local 267 Pension Fund, Local 267 Insurance Fund. (Attachments: # 1 Certificate of Service)(Hart, Barbara) (Entered: 02/19/2010)
MEMORANDUM OF LAW in Opposition re: 60 MOTION to Dismiss., 79 AMENDED MOTION to Dismiss., 67 MOTION to Dismiss., 73 MOTION to Dismiss the Consolidated Amended Class Action Complaint.. Document filed by Local 267 Pension Fund, Local 267 Insurance Fund, Local 73 Annuity Fund, Local 73 Retirement Fund. (Attachments: # 1 Certificate of Service)(Hart, Barbara) (Entered: 02/19/2010)
MEMORANDUM OF LAW in Opposition re: 79 AMENDED MOTION to Dismiss.. Document filed by Board of Trustees of The Buffalo Laborers Security Fund. (LeVan, Peter) (Entered: 02/19/2010)
ORDER FOR ADMISSION PRO HAC VICE granting 103 Motion for Patrick F. Linehan to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 2/18/2010) (jpo) (Entered: 02/18/2010)
ORDER FOR ADMISSION PRO HAC VICE: It is hereby ordered that Paul J. Ondrasik is admitted pro hac vice in this action. (Signed by Judge Colleen McMahon on 2/18/2010) (jpo) (Entered: 02/18/2010)
MOTION for Paul J. Ondrasik, Jr. to Appear Pro Hac Vice for defendant Custodial Trust Company. Document filed by Custodial Trust Company.(cd) (cd). (Entered: 02/17/2010)
MOTION for Patrick F. Linehan to Appear Pro Hac Vice for defendant Custodial Trust Company. Document filed by Custodial Trust Company.(cd) (cd). (Entered: 02/17/2010)
ORDER GRANTING MOTION FOR PRO HAC VICE FOR ATTORNEY CHERI R. TOLIN: granting 101 Motion for Cheri R. Tolin to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 2/8/2010) (tve) (Entered: 02/08/2010)
MOTION for Cheri R. Tolin to Appear Pro Hac Vice. Document filed by Board of Trustees of The Buffalo Laborers Security Fund.(mro) (Entered: 02/04/2010)
AFFIDAVIT OF SERVICE. Service was accepted by Peter Rose. Document filed by Board of Trustees of The Buffalo Laborers Security Fund. (LeVan, Peter) (Entered: 02/02/2010)
AFFIDAVIT OF SERVICE. Peter Rose served on 1/21/2010, answer due 2/11/2010. Service was accepted by Peter Rose. Document filed by Ernest A. Hartman; Kimberly A. Bautista(as Trustees of the IBEW Local 139 Pension Fund); James F. Collins(as Trustees of the IBEW Local 325 Pension Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Pension Fund); James F. Collins(as Trustees of the IBEW Local 325 Annuity Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Annuity Fund); James F. Collins(as Trustees of the IBEW Local 325 Joint Trust Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Joint Trust Fund); Michael Talarski; Kimberly A. Bautista(as Trustee of the IBEW Local 241 Pension Fund); Elizabeth F. Cassada(as Trustees of the IBEW Local 910 Annuity Fund); James A. Williams(as Trustees of the IBEW Local 910 Annuity Fund); Elizabeth F. Cassada(as Trustee of the IBEW Local 910 Pension Fund); James A. Williams(as Trustee of the IBEW Local 910 Pension Fund); Thomas R. Lostracco; George Kennedy; Rodney Malarchik; Irving Wood; James Rounds; Lyle D. Fassett; Rockne Burns; Carmen A. Serrett(as Trustees of the Laborers' Local 103 Annuity Fund); Earl R. Hall; Patrick Morin(as Trustees of Empire State Carpenters Pension Fund); Dale Stuhlmiller(as Trustees of Empire State Carpenters Pension Fund); Patrick Morin(as Trustees of Empire State Carpenters Annuity Fund); Dale Stuhlmiller(as Trustees of Empire State Carpenters Annuity Fund); Patrick Morin(as Trustees of the Empire State Carpenters Welfare Fund); Dale Stuhlmiller(as Trustees of the Empire State Carpenters Welfare Fund). (Williams-Derry, Amy) (Entered: 01/29/2010)
AFFIDAVIT OF SERVICE. Ivy Strategic Operating Committee served on 1/7/2010, answer due 1/28/2010. Service was accepted by Anne Wynne, Senior Counsel. Document filed by Ernest A. Hartman; Kimberly A. Bautista(as Trustees of the IBEW Local 139 Pension Fund); James F. Collins(as Trustees of the IBEW Local 325 Pension Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Pension Fund); James F. Collins(as Trustees of the IBEW Local 325 Annuity Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Annuity Fund); James F. Collins(as Trustees of the IBEW Local 325 Joint Trust Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Joint Trust Fund); Michael Talarski; Kimberly A. Bautista(as Trustee of the IBEW Local 241 Pension Fund); Elizabeth F. Cassada(as Trustees of the IBEW Local 910 Annuity Fund); James A. Williams(as Trustees of the IBEW Local 910 Annuity Fund); Elizabeth F. Cassada(as Trustee of the IBEW Local 910 Pension Fund); James A. Williams(as Trustee of the IBEW Local 910 Pension Fund); Thomas R. Lostracco; George Kennedy; Rodney Malarchik; Irving Wood; James Rounds; Lyle D. Fassett; Rockne Burns; Carmen A. Serrett(as Trustees of the Laborers' Local 103 Annuity Fund); Earl R. Hall; Carmen A. Serrett(as Trustee of the Laborers' Local 103 Pension Fund); Patrick Morin(as Trustees of Empire State Carpenters Pension Fund); Dale Stuhlmiller(as Trustees of Empire State Carpenters Pension Fund); Patrick Morin(as Trustees of Empire State Carpenters Annuity Fund); Dale Stuhlmiller(as Trustees of Empire State Carpenters Annuity Fund); Patrick Morin(as Trustees of the Empire State Carpenters Welfare Fund); Dale Stuhlmiller(as Trustees of the Empire State Carpenters Welfare Fund). (Williams-Derry, Amy) (Entered: 01/28/2010)
AFFIDAVIT OF SERVICE. Ivy Manager Approval Committee served on 1/7/2010, answer due 1/28/2010. Service was accepted by Anne Wynne, Senior Counsel. Document filed by Ernest A. Hartman; Kimberly A. Bautista(as Trustees of the IBEW Local 139 Pension Fund); James F. Collins(as Trustees of the IBEW Local 325 Pension Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Pension Fund); James F. Collins(as Trustees of the IBEW Local 325 Annuity Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Annuity Fund); James F. Collins(as Trustees of the IBEW Local 325 Joint Trust Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Joint Trust Fund); Michael Talarski; Kimberly A. Bautista(as Trustee of the IBEW Local 241 Pension Fund); Elizabeth F. Cassada(as Trustees of the IBEW Local 910 Annuity Fund); James A. Williams(as Trustees of the IBEW Local 910 Annuity Fund); Elizabeth F. Cassada(as Trustee of the IBEW Local 910 Pension Fund); James A. Williams(as Trustee of the IBEW Local 910 Pension Fund); Thomas R. Lostracco; George Kennedy; Rodney Malarchik; Irving Wood; James Rounds; Lyle D. Fassett; Rockne Burns; Carmen A. Serrett(as Trustees of the Laborers' Local 103 Annuity Fund); Earl R. Hall; Carmen A. Serrett(as Trustee of the Laborers' Local 103 Pension Fund); Patrick Morin(as Trustees of Empire State Carpenters Pension Fund); Dale Stuhlmiller(as Trustees of Empire State Carpenters Pension Fund); Patrick Morin(as Trustees of Empire State Carpenters Annuity Fund); Dale Stuhlmiller(as Trustees of Empire State Carpenters Annuity Fund); Patrick Morin(as Trustees of the Empire State Carpenters Welfare Fund); Dale Stuhlmiller(as Trustees of the Empire State Carpenters Welfare Fund). (Williams-Derry, Amy) (Entered: 01/28/2010)
AFFIDAVIT OF SERVICE. Ivy Investment Committee served on 1/7/2010, answer due 1/28/2010. Service was accepted by Anne Wynne, Senior Counsel. Document filed by Ernest A. Hartman; Kimberly A. Bautista(as Trustees of the IBEW Local 139 Pension Fund); James F. Collins(as Trustees of the IBEW Local 325 Pension Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Pension Fund); James F. Collins(as Trustees of the IBEW Local 325 Annuity Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Annuity Fund); James F. Collins(as Trustees of the IBEW Local 325 Joint Trust Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Joint Trust Fund); Michael Talarski; Kimberly A. Bautista(as Trustee of the IBEW Local 241 Pension Fund); Elizabeth F. Cassada(as Trustees of the IBEW Local 910 Annuity Fund); James A. Williams(as Trustees of the IBEW Local 910 Annuity Fund); Elizabeth F. Cassada(as Trustee of the IBEW Local 910 Pension Fund); James A. Williams(as Trustee of the IBEW Local 910 Pension Fund); Thomas R. Lostracco; George Kennedy; Rodney Malarchik; Irving Wood; James Rounds; Lyle D. Fassett; Rockne Burns; Carmen A. Serrett(as Trustees of the Laborers' Local 103 Annuity Fund); Earl R. Hall; Carmen A. Serrett(as Trustee of the Laborers' Local 103 Pension Fund); Patrick Morin(as Trustees of Empire State Carpenters Pension Fund); Dale Stuhlmiller(as Trustees of Empire State Carpenters Pension Fund); Patrick Morin(as Trustees of Empire State Carpenters Annuity Fund); Dale Stuhlmiller(as Trustees of Empire State Carpenters Annuity Fund); Patrick Morin(as Trustees of the Empire State Carpenters Welfare Fund); Dale Stuhlmiller(as Trustees of the Empire State Carpenters Welfare Fund). (Williams-Derry, Amy) (Entered: 01/28/2010)
AFFIDAVIT OF SERVICE. Service was accepted by Antonyo Anghel, Doorman for Susan Rabinowitz. Document filed by Ernest A. Hartman, Kimberly A. Bautista(as Trustees of the IBEW Local 139 Pension Fund), James F. Collins(as Trustees of the IBEW Local 325 Pension Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Pension Fund), James F. Collins(as Trustees of the IBEW Local 325 Annuity Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Annuity Fund), James F. Collins(as Trustees of the IBEW Local 325 Joint Trust Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Joint Trust Fund), Michael Talarski, Kimberly A. Bautista(as Trustee of the IBEW Local 241 Pension Fund), Elizabeth F. Cassada(as Trustees of the IBEW Local 910 Annuity Fund), James A. Williams(as Trustees of the IBEW Local 910 Annuity Fund), Elizabeth F. Cassada(as Trustee of the IBEW Local 910 Pension Fund), James A. Williams(as Trustee of the IBEW Local 910 Pension Fund), Thomas R. Lostracco, George Kennedy, Rodney Malarchik, Irving Wood, James Rounds, Lyle D. Fassett, Rockne Burns, Carmen A. Serrett(as Trustees of the Laborers' Local 103 Annuity Fund), Earl R. Hall, Carmen A. Serrett(as Trustee of the Laborers' Local 103 Pension Fund), Patrick Morin(as Trustees of Empire State Carpenters Pension Fund), Dale Stuhlmiller(as Trustees of Empire State Carpenters Pension Fund), Patrick Morin(as Trustees of Empire State Carpenters Annuity Fund), Dale Stuhlmiller(as Trustees of Empire State Carpenters Annuity Fund), Patrick Morin(as Trustees of the Empire State Carpenters Welfare Fund), Dale Stuhlmiller(as Trustees of the Empire State Carpenters Welfare Fund). (Williams-Derry, Amy) (Entered: 01/28/2010)
WAIVER OF SERVICE RETURNED EXECUTED. Wesley Von Schack waiver sent on 12/18/2009, answer due 2/16/2010. Document filed by Ernest A. Hartman; Kimberly A. Bautista(as Trustees of the IBEW Local 139 Pension Fund); James F. Collins(as Trustees of the IBEW Local 325 Pension Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Pension Fund); James F. Collins(as Trustees of the IBEW Local 325 Annuity Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Annuity Fund); James F. Collins(as Trustees of the IBEW Local 325 Joint Trust Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Joint Trust Fund); Michael Talarski; Kimberly A. Bautista(as Trustee of the IBEW Local 241 Pension Fund); Elizabeth F. Cassada(as Trustees of the IBEW Local 910 Annuity Fund); James A. Williams(as Trustees of the IBEW Local 910 Annuity Fund); Elizabeth F. Cassada(as Trustee of the IBEW Local 910 Pension Fund); James A. Williams(as Trustee of the IBEW Local 910 Pension Fund); Thomas R. Lostracco; George Kennedy; Rodney Malarchik; Irving Wood; James Rounds; Lyle D. Fassett; Rockne Burns; Carmen A. Serrett(as Trustees of the Laborers' Local 103 Annuity Fund); Earl R. Hall; Carmen A. Serrett(as Trustee of the Laborers' Local 103 Pension Fund); Patrick Morin(as Trustees of Empire State Carpenters Pension Fund); Dale Stuhlmiller(as Trustees of Empire State Carpenters Pension Fund); Patrick Morin(as Trustees of Empire State Carpenters Annuity Fund); Dale Stuhlmiller(as Trustees of Empire State Carpenters Annuity Fund); Patrick Morin(as Trustees of the Empire State Carpenters Welfare Fund); Dale Stuhlmiller(as Trustees of the Empire State Carpenters Welfare Fund). (Williams-Derry, Amy) (Entered: 01/28/2010)
WAIVER OF SERVICE RETURNED EXECUTED. Richard Vaughan waiver sent on 12/18/2009, answer due 2/16/2010. Document filed by Ernest A. Hartman; Kimberly A. Bautista(as Trustees of the IBEW Local 139 Pension Fund); James F. Collins(as Trustees of the IBEW Local 325 Pension Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Pension Fund); James F. Collins(as Trustees of the IBEW Local 325 Annuity Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Annuity Fund); James F. Collins(as Trustees of the IBEW Local 325 Joint Trust Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Joint Trust Fund); Michael Talarski; Kimberly A. Bautista(as Trustee of the IBEW Local 241 Pension Fund); Elizabeth F. Cassada(as Trustees of the IBEW Local 910 Annuity Fund); James A. Williams(as Trustees of the IBEW Local 910 Annuity Fund); Elizabeth F. Cassada(as Trustee of the IBEW Local 910 Pension Fund); James A. Williams(as Trustee of the IBEW Local 910 Pension Fund); Thomas R. Lostracco; George Kennedy; Rodney Malarchik; Irving Wood; James Rounds; Lyle D. Fassett; Rockne Burns; Carmen A. Serrett(as Trustees of the Laborers' Local 103 Annuity Fund); Earl R. Hall; Carmen A. Serrett(as Trustee of the Laborers' Local 103 Pension Fund); Patrick Morin(as Trustees of Empire State Carpenters Pension Fund); Dale Stuhlmiller(as Trustees of Empire State Carpenters Pension Fund); Patrick Morin(as Trustees of Empire State Carpenters Annuity Fund); Dale Stuhlmiller(as Trustees of Empire State Carpenters Annuity Fund); Patrick Morin(as Trustees of the Empire State Carpenters Welfare Fund); Dale Stuhlmiller(as Trustees of the Empire State Carpenters Welfare Fund). (Williams-Derry, Amy) (Entered: 01/28/2010)
WAIVER OF SERVICE RETURNED EXECUTED. Samuel Scott, III waiver sent on 12/18/2009, answer due 2/16/2010. Document filed by Ernest A. Hartman; Kimberly A. Bautista(as Trustees of the IBEW Local 139 Pension Fund); James F. Collins(as Trustees of the IBEW Local 325 Pension Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Pension Fund); James F. Collins(as Trustees of the IBEW Local 325 Annuity Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Annuity Fund); James F. Collins(as Trustees of the IBEW Local 325 Joint Trust Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Joint Trust Fund); Michael Talarski; Kimberly A. Bautista(as Trustee of the IBEW Local 241 Pension Fund); Elizabeth F. Cassada(as Trustees of the IBEW Local 910 Annuity Fund); James A. Williams(as Trustees of the IBEW Local 910 Annuity Fund); Elizabeth F. Cassada(as Trustee of the IBEW Local 910 Pension Fund); James A. Williams(as Trustee of the IBEW Local 910 Pension Fund); Thomas R. Lostracco; George Kennedy; Rodney Malarchik; Irving Wood; James Rounds; Lyle D. Fassett; Rockne Burns; Carmen A. Serrett(as Trustees of the Laborers' Local 103 Annuity Fund); Earl R. Hall; Carmen A. Serrett(as Trustee of the Laborers' Local 103 Pension Fund); Patrick Morin(as Trustees of Empire State Carpenters Pension Fund); Dale Stuhlmiller(as Trustees of Empire State Carpenters Pension Fund); Patrick Morin(as Trustees of Empire State Carpenters Annuity Fund); Dale Stuhlmiller(as Trustees of Empire State Carpenters Annuity Fund); Patrick Morin(as Trustees of the Empire State Carpenters Welfare Fund); Dale Stuhlmiller(as Trustees of the Empire State Carpenters Welfare Fund). (Williams-Derry, Amy) (Entered: 01/28/2010)
WAIVER OF SERVICE RETURNED EXECUTED. Brian Roberts waiver sent on 12/18/2009, answer due 2/16/2010. Document filed by Ernest A. Hartman; Kimberly A. Bautista(as Trustees of the IBEW Local 139 Pension Fund); James F. Collins(as Trustees of the IBEW Local 325 Pension Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Pension Fund); James F. Collins(as Trustees of the IBEW Local 325 Annuity Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Annuity Fund); James F. Collins(as Trustees of the IBEW Local 325 Joint Trust Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Joint Trust Fund); Michael Talarski; Kimberly A. Bautista(as Trustee of the IBEW Local 241 Pension Fund); Elizabeth F. Cassada(as Trustees of the IBEW Local 910 Annuity Fund); James A. Williams(as Trustees of the IBEW Local 910 Annuity Fund); Elizabeth F. Cassada(as Trustee of the IBEW Local 910 Pension Fund); James A. Williams(as Trustee of the IBEW Local 910 Pension Fund); Thomas R. Lostracco; George Kennedy; Rodney Malarchik; Irving Wood; James Rounds; Lyle D. Fassett; Rockne Burns; Carmen A. Serrett(as Trustees of the Laborers' Local 103 Annuity Fund); Earl R. Hall; Carmen A. Serrett(as Trustee of the Laborers' Local 103 Pension Fund); Patrick Morin(as Trustees of Empire State Carpenters Pension Fund); Dale Stuhlmiller(as Trustees of Empire State Carpenters Pension Fund); Patrick Morin(as Trustees of Empire State Carpenters Annuity Fund); Dale Stuhlmiller(as Trustees of Empire State Carpenters Annuity Fund); Patrick Morin(as Trustees of the Empire State Carpenters Welfare Fund); Dale Stuhlmiller(as Trustees of the Empire State Carpenters Welfare Fund). (Williams-Derry, Amy) (Entered: 01/28/2010)
WAIVER OF SERVICE RETURNED EXECUTED. William Richardson waiver sent on 12/18/2009, answer due 2/16/2010. Document filed by Ernest A. Hartman; Kimberly A. Bautista(as Trustees of the IBEW Local 139 Pension Fund); James F. Collins(as Trustees of the IBEW Local 325 Pension Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Pension Fund); James F. Collins(as Trustees of the IBEW Local 325 Annuity Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Annuity Fund); James F. Collins(as Trustees of the IBEW Local 325 Joint Trust Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Joint Trust Fund); Michael Talarski; Kimberly A. Bautista(as Trustee of the IBEW Local 241 Pension Fund); Elizabeth F. Cassada(as Trustees of the IBEW Local 910 Annuity Fund); James A. Williams(as Trustees of the IBEW Local 910 Annuity Fund); Elizabeth F. Cassada(as Trustee of the IBEW Local 910 Pension Fund); James A. Williams(as Trustee of the IBEW Local 910 Pension Fund); Thomas R. Lostracco; George Kennedy; Rodney Malarchik; Irving Wood; James Rounds; Lyle D. Fassett; Rockne Burns; Carmen A. Serrett(as Trustees of the Laborers' Local 103 Annuity Fund); Earl R. Hall; Carmen A. Serrett(as Trustee of the Laborers' Local 103 Pension Fund); Patrick Morin(as Trustees of Empire State Carpenters Pension Fund); Dale Stuhlmiller(as Trustees of Empire State Carpenters Pension Fund); Patrick Morin(as Trustees of Empire State Carpenters Annuity Fund); Dale Stuhlmiller(as Trustees of Empire State Carpenters Annuity Fund); Patrick Morin(as Trustees of the Empire State Carpenters Welfare Fund); Dale Stuhlmiller(as Trustees of the Empire State Carpenters Welfare Fund). (Williams-Derry, Amy) (Entered: 01/28/2010)
WAIVER OF SERVICE RETURNED EXECUTED. Catherine Rein waiver sent on 12/18/2009, answer due 2/16/2010. Document filed by Ernest A. Hartman; Kimberly A. Bautista(as Trustees of the IBEW Local 139 Pension Fund); James F. Collins(as Trustees of the IBEW Local 325 Pension Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Pension Fund); James F. Collins(as Trustees of the IBEW Local 325 Annuity Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Annuity Fund); James F. Collins(as Trustees of the IBEW Local 325 Joint Trust Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Joint Trust Fund); Michael Talarski; Kimberly A. Bautista(as Trustee of the IBEW Local 241 Pension Fund); Elizabeth F. Cassada(as Trustees of the IBEW Local 910 Annuity Fund); James A. Williams(as Trustees of the IBEW Local 910 Annuity Fund); Elizabeth F. Cassada(as Trustee of the IBEW Local 910 Pension Fund); James A. Williams(as Trustee of the IBEW Local 910 Pension Fund); Thomas R. Lostracco; George Kennedy; Rodney Malarchik; Irving Wood; James Rounds; Lyle D. Fassett; Rockne Burns; Carmen A. Serrett(as Trustees of the Laborers' Local 103 Annuity Fund); Earl R. Hall; Carmen A. Serrett(as Trustee of the Laborers' Local 103 Pension Fund); Patrick Morin(as Trustees of Empire State Carpenters Pension Fund); Dale Stuhlmiller(as Trustees of Empire State Carpenters Pension Fund); Patrick Morin(as Trustees of Empire State Carpenters Annuity Fund); Dale Stuhlmiller(as Trustees of Empire State Carpenters Annuity Fund); Patrick Morin(as Trustees of the Empire State Carpenters Welfare Fund); Dale Stuhlmiller(as Trustees of the Empire State Carpenters Welfare Fund). (Williams-Derry, Amy) (Entered: 01/28/2010)
WAIVER OF SERVICE RETURNED EXECUTED. Mark Nordenberg waiver sent on 12/18/2009, answer due 2/16/2010. Document filed by Ernest A. Hartman; Kimberly A. Bautista(as Trustees of the IBEW Local 139 Pension Fund); James F. Collins(as Trustees of the IBEW Local 325 Pension Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Pension Fund); James F. Collins(as Trustees of the IBEW Local 325 Annuity Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Annuity Fund); James F. Collins(as Trustees of the IBEW Local 325 Joint Trust Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Joint Trust Fund); Michael Talarski; Kimberly A. Bautista(as Trustee of the IBEW Local 241 Pension Fund); Elizabeth F. Cassada(as Trustees of the IBEW Local 910 Annuity Fund); James A. Williams(as Trustees of the IBEW Local 910 Annuity Fund); Elizabeth F. Cassada(as Trustee of the IBEW Local 910 Pension Fund); James A. Williams(as Trustee of the IBEW Local 910 Pension Fund); Thomas R. Lostracco; George Kennedy; Rodney Malarchik; Irving Wood; James Rounds; Lyle D. Fassett; Rockne Burns; Carmen A. Serrett(as Trustees of the Laborers' Local 103 Annuity Fund); Earl R. Hall; Carmen A. Serrett(as Trustee of the Laborers' Local 103 Pension Fund); Patrick Morin(as Trustees of Empire State Carpenters Pension Fund); Dale Stuhlmiller(as Trustees of Empire State Carpenters Pension Fund); Patrick Morin(as Trustees of Empire State Carpenters Annuity Fund); Dale Stuhlmiller(as Trustees of Empire State Carpenters Annuity Fund); Patrick Morin(as Trustees of the Empire State Carpenters Welfare Fund); Dale Stuhlmiller(as Trustees of the Empire State Carpenters Welfare Fund). (Williams-Derry, Amy) (Entered: 01/28/2010)
WAIVER OF SERVICE RETURNED EXECUTED. John Jr. Luke waiver sent on 12/18/2009, answer due 2/16/2010. Document filed by Ernest A. Hartman; Kimberly A. Bautista(as Trustees of the IBEW Local 139 Pension Fund); James F. Collins(as Trustees of the IBEW Local 325 Pension Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Pension Fund); James F. Collins(as Trustees of the IBEW Local 325 Annuity Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Annuity Fund); James F. Collins(as Trustees of the IBEW Local 325 Joint Trust Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Joint Trust Fund); Michael Talarski; Kimberly A. Bautista(as Trustee of the IBEW Local 241 Pension Fund); Elizabeth F. Cassada(as Trustees of the IBEW Local 910 Annuity Fund); James A. Williams(as Trustees of the IBEW Local 910 Annuity Fund); Elizabeth F. Cassada(as Trustee of the IBEW Local 910 Pension Fund); James A. Williams(as Trustee of the IBEW Local 910 Pension Fund); Thomas R. Lostracco; George Kennedy; Rodney Malarchik; Irving Wood; James Rounds; Lyle D. Fassett; Rockne Burns; Carmen A. Serrett(as Trustees of the Laborers' Local 103 Annuity Fund); Earl R. Hall; Carmen A. Serrett(as Trustee of the Laborers' Local 103 Pension Fund); Patrick Morin(as Trustees of Empire State Carpenters Pension Fund); Dale Stuhlmiller(as Trustees of Empire State Carpenters Pension Fund); Patrick Morin(as Trustees of Empire State Carpenters Annuity Fund); Dale Stuhlmiller(as Trustees of Empire State Carpenters Annuity Fund); Patrick Morin(as Trustees of the Empire State Carpenters Welfare Fund); Dale Stuhlmiller(as Trustees of the Empire State Carpenters Welfare Fund). (Williams-Derry, Amy) (Entered: 01/28/2010)
WAIVER OF SERVICE RETURNED EXECUTED. Michael Kowalski waiver sent on 12/18/2009, answer due 2/16/2010. Document filed by Ernest A. Hartman; Kimberly A. Bautista(as Trustees of the IBEW Local 139 Pension Fund); James F. Collins(as Trustees of the IBEW Local 325 Pension Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Pension Fund); James F. Collins(as Trustees of the IBEW Local 325 Annuity Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Annuity Fund); James F. Collins(as Trustees of the IBEW Local 325 Joint Trust Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Joint Trust Fund); Michael Talarski; Kimberly A. Bautista(as Trustee of the IBEW Local 241 Pension Fund); Elizabeth F. Cassada(as Trustees of the IBEW Local 910 Annuity Fund); James A. Williams(as Trustees of the IBEW Local 910 Annuity Fund); Elizabeth F. Cassada(as Trustee of the IBEW Local 910 Pension Fund); James A. Williams(as Trustee of the IBEW Local 910 Pension Fund); Thomas R. Lostracco; George Kennedy; Rodney Malarchik; Irving Wood; James Rounds; Lyle D. Fassett; Rockne Burns; Carmen A. Serrett(as Trustees of the Laborers' Local 103 Annuity Fund); Earl R. Hall; Carmen A. Serrett(as Trustee of the Laborers' Local 103 Pension Fund); Patrick Morin(as Trustees of Empire State Carpenters Pension Fund); Dale Stuhlmiller(as Trustees of Empire State Carpenters Pension Fund); Patrick Morin(as Trustees of Empire State Carpenters Annuity Fund); Dale Stuhlmiller(as Trustees of Empire State Carpenters Annuity Fund); Patrick Morin(as Trustees of the Empire State Carpenters Welfare Fund); Dale Stuhlmiller(as Trustees of the Empire State Carpenters Welfare Fund). (Williams-Derry, Amy) (Entered: 01/28/2010)
WAIVER OF SERVICE RETURNED EXECUTED. Edmund Kelly waiver sent on 12/18/2009, answer due 2/16/2010. Document filed by Ernest A. Hartman; Kimberly A. Bautista(as Trustees of the IBEW Local 139 Pension Fund); James F. Collins(as Trustees of the IBEW Local 325 Pension Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Pension Fund); James F. Collins(as Trustees of the IBEW Local 325 Annuity Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Annuity Fund); James F. Collins(as Trustees of the IBEW Local 325 Joint Trust Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Joint Trust Fund); Michael Talarski; Kimberly A. Bautista(as Trustee of the IBEW Local 241 Pension Fund); Elizabeth F. Cassada(as Trustees of the IBEW Local 910 Annuity Fund); James A. Williams(as Trustees of the IBEW Local 910 Annuity Fund); Elizabeth F. Cassada(as Trustee of the IBEW Local 910 Pension Fund); James A. Williams(as Trustee of the IBEW Local 910 Pension Fund); Thomas R. Lostracco; George Kennedy; Rodney Malarchik; Irving Wood; James Rounds; Lyle D. Fassett; Rockne Burns; Carmen A. Serrett(as Trustees of the Laborers' Local 103 Annuity Fund); Earl R. Hall; Carmen A. Serrett(as Trustee of the Laborers' Local 103 Pension Fund); Patrick Morin(as Trustees of Empire State Carpenters Pension Fund); Dale Stuhlmiller(as Trustees of Empire State Carpenters Pension Fund); Patrick Morin(as Trustees of Empire State Carpenters Annuity Fund); Dale Stuhlmiller(as Trustees of Empire State Carpenters Annuity Fund); Patrick Morin(as Trustees of the Empire State Carpenters Welfare Fund); Dale Stuhlmiller(as Trustees of the Empire State Carpenters Welfare Fund). (Williams-Derry, Amy) (Entered: 01/28/2010)
WAIVER OF SERVICE RETURNED EXECUTED. Nicholas Donofrio waiver sent on 12/18/2009, answer due 2/16/2010. Document filed by Ernest A. Hartman; Kimberly A. Bautista(as Trustees of the IBEW Local 139 Pension Fund); James F. Collins(as Trustees of the IBEW Local 325 Pension Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Pension Fund); James F. Collins(as Trustees of the IBEW Local 325 Annuity Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Annuity Fund); James F. Collins(as Trustees of the IBEW Local 325 Joint Trust Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Joint Trust Fund); Michael Talarski; Elizabeth F. Cassada(as Trustees of the IBEW Local 910 Annuity Fund); James A. Williams(as Trustees of the IBEW Local 910 Annuity Fund); Elizabeth F. Cassada(as Trustee of the IBEW Local 910 Pension Fund); James A. Williams(as Trustee of the IBEW Local 910 Pension Fund); Thomas R. Lostracco; George Kennedy; Rodney Malarchik; Irving Wood; James Rounds; Lyle D. Fassett; Carmen A. Serrett(as Trustees of the Laborers' Local 103 Annuity Fund); Earl R. Hall; Carmen A. Serrett(as Trustee of the Laborers' Local 103 Pension Fund); Patrick Morin(as Trustees of Empire State Carpenters Pension Fund); Dale Stuhlmiller(as Trustees of Empire State Carpenters Pension Fund); Patrick Morin(as Trustees of Empire State Carpenters Annuity Fund); Dale Stuhlmiller(as Trustees of Empire State Carpenters Annuity Fund); Patrick Morin(as Trustees of the Empire State Carpenters Welfare Fund); Dale Stuhlmiller(as Trustees of the Empire State Carpenters Welfare Fund); Joseph Burns. (Williams-Derry, Amy) (Entered: 01/28/2010)
WAIVER OF SERVICE RETURNED EXECUTED. Frank Biondi, Jr waiver sent on 12/18/2009, answer due 2/16/2010. Document filed by Ernest A. Hartman; Kimberly A. Bautista(as Trustees of the IBEW Local 139 Pension Fund); James F. Collins(as Trustees of the IBEW Local 325 Pension Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Pension Fund); James F. Collins(as Trustees of the IBEW Local 325 Annuity Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Annuity Fund); James F. Collins(as Trustees of the IBEW Local 325 Joint Trust Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Joint Trust Fund); Michael Talarski; Kimberly A. Bautista(as Trustee of the IBEW Local 241 Pension Fund); Elizabeth F. Cassada(as Trustees of the IBEW Local 910 Annuity Fund); James A. Williams(as Trustees of the IBEW Local 910 Annuity Fund); Elizabeth F. Cassada(as Trustee of the IBEW Local 910 Pension Fund); James A. Williams(as Trustee of the IBEW Local 910 Pension Fund); Thomas R. Lostracco; George Kennedy; Rodney Malarchik; Irving Wood; James Rounds; Lyle D. Fassett; Rockne Burns; Carmen A. Serrett(as Trustees of the Laborers' Local 103 Annuity Fund); Earl R. Hall; Carmen A. Serrett(as Trustee of the Laborers' Local 103 Pension Fund); Patrick Morin(as Trustees of Empire State Carpenters Pension Fund); Dale Stuhlmiller(as Trustees of Empire State Carpenters Pension Fund); Patrick Morin(as Trustees of Empire State Carpenters Annuity Fund); Dale Stuhlmiller(as Trustees of Empire State Carpenters Annuity Fund); Patrick Morin(as Trustees of the Empire State Carpenters Welfare Fund); Dale Stuhlmiller(as Trustees of the Empire State Carpenters Welfare Fund). (Williams-Derry, Amy) (Entered: 01/28/2010)
CERTIFICATE OF SERVICE. Document filed by Lawrence Simon, Howard Wohl, Adam Geiger, Jeffrey Lindenbaum, John Rogers, Sean Simon, Kevin Bannon, Steven Pisarkiewicz, Robert Meschi, Susan Rabinowitz, Michael Singer, Alan Chuang, Gregory Van Inwegen, Sean Cumiskey, Stuart Davies, Joseph Burns, Mark Santero, Peter Noris, Farzine Hachemian, Colleen Baldwin, Glenn Cummins, Scott E. Wennerholm, Jonathan Little, Ronald P. O'Hanley, Ivy Asset Management Corporation, Bank of New York Mellon Corporation. (Rosenthal, Jeffrey) (Entered: 01/19/2010)
DECLARATION of Jeffrey A. Rosenthal in Support re: 79 AMENDED MOTION to Dismiss.. Document filed by Lawrence Simon, Howard Wohl, Adam Geiger, Jeffrey Lindenbaum, John Rogers, Sean Simon, Kevin Bannon, Steven Pisarkiewicz, Robert Meschi, Susan Rabinowitz, Michael Singer, Alan Chuang, Gregory Van Inwegen, Sean Cumiskey, Stuart Davies, Joseph Burns, Mark Santero, Peter Noris, Farzine Hachemian, Colleen Baldwin, Glenn Cummins, Scott E. Wennerholm, Jonathan Little, Ronald P. O'Hanley, Ivy Asset Management Corporation, Bank of New York Mellon Corporation. (Rosenthal, Jeffrey) (Entered: 01/19/2010)
AMENDED MOTION to Dismiss. Document filed by Lawrence Simon, Howard Wohl, Adam Geiger, Jeffrey Lindenbaum, John Rogers, Sean Simon, Kevin Bannon, Steven Pisarkiewicz, Robert Meschi, Susan Rabinowitz, Michael Singer, Alan Chuang, Gregory Van Inwegen, Sean Cumiskey, Stuart Davies, Joseph Burns, Mark Santero, Peter Noris, Farzine Hachemian, Colleen Baldwin, Glenn Cummins, Scott E. Wennerholm, Jonathan Little, Ronald P. O'Hanley, Ivy Asset Management Corporation, Bank of New York Mellon Corporation.(Rosenthal, Jeffrey) (Entered: 01/19/2010)
AFFIDAVIT of Scott Kossove in Support re: 61 MOTION to Dismiss consolidated amended class action complaint.. Document filed by Margolin, Winer & Evens LLP. (Attachments: # 1 Exhibit A (part 1 of 6), # 2 Exhibit A (part 2 of 6), # 3 Exhibit A (part 3 of 6), # 4 Exhibit A (part 4 of 6), # 5 Exhibit A (part 5 of 6), # 6 Exhibit A (part 6 of 6))(Kossove, Scott) (Entered: 01/19/2010)
CERTIFICATE OF SERVICE. Document filed by Lawrence Simon, Howard Wohl, Adam Geiger, Jeffrey Lindenbaum, John Rogers, Sean Simon, Kevin Bannon, Steven Pisarkiewicz, Robert Meschi, Susan Rabinowitz, Michael Singer, Alan Chuang, Gregory Van Inwegen, Sean Cumiskey, Stuart Davies, Joseph Burns, Mark Santero, Peter Noris, Farzine Hachemian, Scott E. Wennerholm, Jonathan Little, Ronald P. O'Hanley, Ivy Asset Management Corporation, Bank of New York Mellon Corporation. (Rosenthal, Jeffrey) (Entered: 01/15/2010)
DECLARATION of Jeffrey A. Rosenthal in Support re: 73 MOTION to Dismiss the Consolidated Amended Class Action Complaint.. Document filed by Lawrence Simon, Howard Wohl, Adam Geiger, Jeffrey Lindenbaum, John Rogers, Sean Simon, Kevin Bannon, Steven Pisarkiewicz, Robert Meschi, Susan Rabinowitz, Michael Singer, Alan Chuang, Gregory Van Inwegen, Sean Cumiskey, Stuart Davies, Joseph Burns, Mark Santero, Peter Noris, Farzine Hachemian, Scott E. Wennerholm, Jonathan Little, Ronald P. O'Hanley, Ivy Asset Management Corporation, Bank of New York Mellon Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Rosenthal, Jeffrey) (Entered: 01/15/2010)
JOINT MEMORANDUM OF LAW in Support re: 73 MOTION to Dismiss the Consolidated Amended Class Action Complaint.. Document filed by Lawrence Simon, Howard Wohl, Adam Geiger, Jeffrey Lindenbaum, John Rogers, Sean Simon, Kevin Bannon, Steven Pisarkiewicz, Robert Meschi, Susan Rabinowitz, Michael Singer, Alan Chuang, Gregory Van Inwegen, Sean Cumiskey, Stuart Davies, Joseph Burns, Mark Santero, Peter Noris, Farzine Hachemian, Scott E. Wennerholm, Jonathan Little, Ronald P. O'Hanley, Ivy Asset Management Corporation, Bank of New York Mellon Corporation. (Rosenthal, Jeffrey) (Entered: 01/15/2010)
MOTION to Dismiss the Consolidated Amended Class Action Complaint. Document filed by Scott E. Wennerholm, Jonathan Little, Ronald P. O'Hanley, Lawrence Simon, Howard Wohl, Adam Geiger, Jeffrey Lindenbaum, John Rogers, Sean Simon, Kevin Bannon, Steven Pisarkiewicz, Robert Meschi, Susan Rabinowitz, Michael Singer, Alan Chuang, Gregory Van Inwegen, Sean Cumiskey, Stuart Davies, Joseph Burns, Mark Santero, Peter Noris, Farzine Hachemian, Ivy Asset Management Corporation, Bank of New York Mellon Corporation.(Rosenthal, Jeffrey) (Entered: 01/15/2010)
NOTICE OF APPEARANCE by Andrew Lah on behalf of Ernest A. Hartman, Kimberly A. Bautista(as Trustees of the IBEW Local 139 Pension Fund), James F. Collins(as Trustees of the IBEW Local 325 Pension Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Pension Fund), James F. Collins(as Trustees of the IBEW Local 325 Annuity Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Annuity Fund), James F. Collins(as Trustees of the IBEW Local 325 Joint Trust Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Joint Trust Fund), Michael Talarski, Kimberly A. Bautista(as Trustee of the IBEW Local 241 Pension Fund), Elizabeth F. Cassada(as Trustees of the IBEW Local 910 Annuity Fund), James A. Williams(as Trustees of the IBEW Local 910 Annuity Fund), Elizabeth F. Cassada(as Trustee of the IBEW Local 910 Pension Fund), James A. Williams(as Trustee of the IBEW Local 910 Pension Fund), Thomas R. Lostracco, George Kennedy, Rodney Malarchik, Irving Wood, James Rounds, Lyle D. Fassett, Rockne Burns, Carmen A. Serrett(as Trustees of the Laborers' Local 103 Annuity Fund), Earl R. Hall, Carmen A. Serrett(as Trustee of the Laborers' Local 103 Pension Fund), Patrick Morin(as Trustees of Empire State Carpenters Pension Fund), Dale Stuhlmiller(as Trustees of Empire State Carpenters Pension Fund), Patrick Morin(as Trustees of Empire State Carpenters Annuity Fund), Dale Stuhlmiller(as Trustees of Empire State Carpenters Annuity Fund), Patrick Morin(as Trustees of the Empire State Carpenters Welfare Fund), Dale Stuhlmiller(as Trustees of the Empire State Carpenters Welfare Fund) (Lah, Andrew) (Entered: 01/15/2010)
NOTICE OF APPEARANCE by Andrew Lah on behalf of Ernest A. Hartman, Kimberly A. Bautista(as Trustees of the IBEW Local 139 Pension Fund), James F. Collins(as Trustees of the IBEW Local 325 Pension Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Pension Fund), James F. Collins(as Trustees of the IBEW Local 325 Annuity Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Annuity Fund), James F. Collins(as Trustees of the IBEW Local 325 Joint Trust Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Joint Trust Fund), Michael Talarski, Kimberly A. Bautista(as Trustee of the IBEW Local 241 Pension Fund), Elizabeth F. Cassada(as Trustees of the IBEW Local 910 Annuity Fund), James A. Williams(as Trustees of the IBEW Local 910 Annuity Fund), Elizabeth F. Cassada(as Trustee of the IBEW Local 910 Pension Fund), James A. Williams(as Trustee of the IBEW Local 910 Pension Fund), Thomas R. Lostracco, George Kennedy, Rodney Malarchik, Irving Wood, James Rounds, Lyle D. Fassett, Rockne Burns, Carmen A. Serrett(as Trustees of the Laborers' Local 103 Annuity Fund), Earl R. Hall, Carmen A. Serrett(as Trustee of the Laborers' Local 103 Pension Fund), Patrick Morin(as Trustees of Empire State Carpenters Pension Fund), Dale Stuhlmiller(as Trustees of Empire State Carpenters Pension Fund), Patrick Morin(as Trustees of Empire State Carpenters Annuity Fund), Dale Stuhlmiller(as Trustees of Empire State Carpenters Annuity Fund), Patrick Morin(as Trustees of the Empire State Carpenters Welfare Fund), Dale Stuhlmiller(as Trustees of the Empire State Carpenters Welfare Fund) (Lah, Andrew) (Entered: 01/15/2010)
MEMORANDUM OF LAW in Support re: 67 MOTION to Dismiss.. Document filed by J.P. Jeanneret Associates, Inc., John P. Jeanneret, Paul L. Perry. (Cook, John) (Entered: 01/15/2010)
ORDER: Defendants' motions to dismiss the consolidated amended class-action complaints shall proceed on the schedule set forth in the Court's Order dated November 6, 2009: Defendants' motions to dismiss are due today, January 15, 2010; Plaintiffs' oppositions are due by February 19, 2010; Defendants' replies are due by March 5, 2010; and none of the briefs will be subject to the 25-page limit specified in the Judge's Individual Practices. Any and all Defendants' obligation to respond to the Hartman plaintiffs' amended complaint is stayed until 20 days after the Court decides those motions to dismiss. (Signed by Judge Colleen McMahon on 1/15/10) (db) (Entered: 01/15/2010)
CERTIFICATE OF SERVICE of memorandum of law in support of motion to dismiss served on all parties on 1/15/10. Document filed by Margolin, Winer & Evens LLP. (Kossove, Scott) (Entered: 01/15/2010)
MEMORANDUM OF LAW in Support re: 61 MOTION to Dismiss consolidated amended class action complaint.. Document filed by Margolin, Winer & Evens LLP. (Attachments: # 1 Part 2 of Memorandum of Law)(Kossove, Scott) (Entered: 01/15/2010)
CERTIFICATE OF SERVICE of Motion to Dismiss served on All Parties on 1/15/10. Document filed by Margolin, Winer & Evens LLP. (Kossove, Scott) (Entered: 01/15/2010)
MOTION to Dismiss consolidated amended class action complaint. Document filed by Margolin, Winer & Evens LLP. Responses due by 2/19/2010 (Attachments: # 1 Affidavit in support of motion to dismiss, # 2 Exhibit A (part 1 of 6), # 3 Exhibit A (part 2 of 6), # 4 Exhibit A (part 3 of 6), # 5 Exhibit A (part 4 of 6), # 6 Exhibit A (part 5 of 6), # 7 Exhibit A (part 6 of 6))(Kossove, Scott) (Entered: 01/15/2010)
CALENDAR NOTICE: Please take notice that the above captioned matter has been scheduled for a : Pre-trial Conference before the Honorable Colleen McMahon, United States District Judge, on Friday, January 15, 2010 at 11:45 A.M. in Courtroom 14C, U.S. District Court, 500 Pearl Street, New York, New York 10007. Any scheduling difficulties must be brought to the attention of the Court in writing and faxed to Chambers at (212) 805-6326. (Signed by Judge Colleen McMahon on 1/12/2010) (jfe) (Entered: 01/12/2010)
ACKNOWLEDGMENT OF SERVICE. Paul Perry served on 12/29/2009, answer due 1/19/2010; J.P. Jeanneret Associates, Inc. served on 12/29/2009, answer due 1/19/2010; John P. Jeanneret served on 12/29/2009, answer due 1/19/2010. Service was accepted by Brian E. Whiteley, Esq., Counsel. Document filed by Board of Trustees of The Buffalo Laborers Security Fund. (Silberstein, Milo) (Entered: 01/07/2010)
ACKNOWLEDGMENT OF SERVICE. Lawrence Simon served on 1/6/2010, answer due 1/27/2010; Howard Wohl served on 1/6/2010, answer due 1/27/2010; Adam Geiger served on 1/6/2010, answer due 1/27/2010; Jeffrey Lindenbaum served on 1/6/2010, answer due 1/27/2010; John Rogers served on 1/6/2010, answer due 1/27/2010; Sean Simon served on 1/6/2010, answer due 1/27/2010; Steven Pisarkiewicz served on 1/6/2010, answer due 1/27/2010; Robert Meschi served on 1/6/2010, answer due 1/27/2010; Susan Rabinowitz served on 1/6/2010, answer due 1/27/2010; Alan Chuang served on 1/6/2010, answer due 1/27/2010; Gregory Van Inwegen served on 1/6/2010, answer due 1/27/2010; Sean Cumiskey served on 1/6/2010, answer due 1/27/2010; Peter Noris served on 1/6/2010, answer due 1/27/2010; Farzine Hachemian served on 1/6/2010, answer due 1/27/2010; Colleen Baldwin served on 1/6/2010, answer due 1/27/2010; Glenn Cummins served on 1/6/2010, answer due 1/27/2010. Service was accepted by Jeffrey A. Rosenthal, Counsel. Document filed by Board of Trustees of The Buffalo Laborers Security Fund. (Silberstein, Milo) (Entered: 01/07/2010)
MOTION for Carolyn A. Marcotte to Appear Pro Hac Vice. Document filed by J.P. Jeanneret Associates, Inc., John P. Jeanneret, Paul L. Perry.(mro) (Entered: 01/07/2010)
CERTIFICATE OF SERVICE of Summons and Amended Complaint,,,,,,,,,,,. Income-Plus Investment Fund served on 12/20/2009, answer due 1/11/2010; Paul Perry served on 12/20/2009, answer due 1/11/2010; Lawrence Simon served on 12/20/2009, answer due 1/11/2010; Howard Wohl served on 12/20/2009, answer due 1/11/2010; Adam Geiger served on 12/20/2009, answer due 1/11/2010; Jeffrey Lindenbaum served on 12/20/2009, answer due 1/11/2010; John Rogers served on 12/20/2009, answer due 1/11/2010; Sean Simon served on 12/20/2009, answer due 1/11/2010; Kevin Bannon served on 12/20/2009, answer due 1/11/2010; Steven Pisarkiewicz served on 12/20/2009, answer due 1/11/2010; Robert Meschi served on 12/20/2009, answer due 1/11/2010; Michael Singer served on 12/20/2009, answer due 1/11/2010; Alan Chuang served on 12/20/2009, answer due 1/11/2010; Gregory Van Inwegen served on 12/20/2009, answer due 1/11/2010; Sean Cumiskey served on 12/20/2009, answer due 1/11/2010; Stuart Davies served on 12/20/2009, answer due 1/11/2010; Joseph Burns served on 12/20/2009, answer due 1/11/2010; Mark Santero served on 12/20/2009, answer due 1/11/2010; Peter Noris served on 12/20/2009, answer due 1/11/2010; Farzine Hachemian served on 12/20/2009, answer due 1/11/2010; Colleen Baldwin served on 12/20/2009, answer due 1/11/2010; Glenn Cummins served on 12/20/2009, answer due 1/11/2010; J.P. Jeanneret Associates, Inc. served on 12/20/2009, answer due 1/11/2010; John P. Jeanneret served on 12/20/2009, answer due 1/11/2010; Ivy Asset Management Corporation served on 12/20/2009, answer due 1/11/2010; Bank of New York Mellon Corporation served on 12/20/2009, answer due 1/11/2010. Service was made by MAIL. Document filed by Ernest A. Hartman; Kimberly A. Bautista(as Trustees of the IBEW Local 139 Pension Fund); James F. Collins(as Trustees of the IBEW Local 325 Pension Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Pension Fund); James F. Collins(as Trustees of the IBEW Local 325 Annuity Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Annuity Fund); James F. Collins(as Trustees of the IBEW Local 325 Joint Trust Fund); Kimberly A. Bautista(as Trustees of the IBEW Local 325 Joint Trust Fund); Michael Talarski; Kimberly A. Bautista(as Trustee of the IBEW Local 241 Pension Fund); Elizabeth F. Cassada(as Trustees of the IBEW Local 910 Annuity Fund); James A. Williams(as Trustees of the IBEW Local 910 Annuity Fund); Elizabeth F. Cassada(as Trustee of the IBEW Local 910 Pension Fund); James A. Williams(as Trustee of the IBEW Local 910 Pension Fund); Thomas R. Lostracco; George Kennedy; Rodney Malarchik; Irving Wood; James Rounds; Lyle D. Fassett; Rockne Burns; Carmen A. Serrett(as Trustees of the Laborers' Local 103 Annuity Fund); Earl R. Hall; Carmen A. Serrett(as Trustee of the Laborers' Local 103 Pension Fund); Patrick Morin(as Trustees of Empire State Carpenters Pension Fund); Dale Stuhlmiller(as Trustees of Empire State Carpenters Pension Fund); Patrick Morin(as Trustees of Empire State Carpenters Annuity Fund); Dale Stuhlmiller(as Trustees of Empire State Carpenters Annuity Fund); Patrick Morin(as Trustees of the Empire State Carpenters Welfare Fund); Dale Stuhlmiller(as Trustees of the Empire State Carpenters Welfare Fund). (Preminger, David) (Entered: 01/06/2010)
PLAINTIFFS' FIRST AMENDED COMPLAINT FOR VIOLATIONS OF THE EMPLOYEE RETIREMENT INCOME SECURITY ACT (ERISA) amending 1 Complaint, against Ivy Asset Management L.L.C., Bank of New York Mellon Corporation, J.P. Jeanneret Associates, Inc., Income-Plus Investment Fund, John P. Jeanneret, Paul Perry, Lawrence Simon, Howard Wohl, Adam Geiger, Jeffrey Lindenbaum, John Rogers, Sean Simon, Kevin Bannon, Steven Pisarkiewicz, Robert Meschi, Susan Rabinowitz, Michael Singer, Alan Chuang, Gregory Van Inwegen, Sean Cumiskey, Stuart Davies, Peter Rose, Joseph Burns, Mark Santero, Peter Noris, Farzine Hachemian, Colleen Baldwin, Glenn Cummins, Ivy Manager Approval Committee, Ivy Investment Committee, Ivy Strategic Operating Committee, Frank Biondi, Jr, Nicholas Donofrio, Edmund Kelly, Michael Kowalski, John Jr. Luke, Paul Myners, Mark Nordenberg, Catherine Rein, William Richardson, Brian Roberts, Samuel Scott, III, Richard Vaughan, Wesley Von Schack, Bank of New York Mellon Corporation Risk Committee, Paul L. Perry, Ivy Asset Management Corporation, Margolin, Winer & Evens LLP.Document filed by Board of Trustees of The Buffalo Laborers Security Fund, Ernest A. Hartman, Kimberly A. Bautista(as Trustees of the IBEW Local 139 Pension Fund), James F. Collins(as Trustees of the IBEW Local 325 Pension Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Pension Fund), James F. Collins(as Trustees of the IBEW Local 325 Annuity Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Annuity Fund), James F. Collins(as Trustees of the IBEW Local 325 Joint Trust Fund), Kimberly A. Bautista(as Trustees of the IBEW Local 325 Joint Trust Fund), Michael Talarski, Kimberly A. Bautista(as Trustee of the IBEW Local 241 Pension Fund), Elizabeth F. Cassada(as Trustees of the IBEW Local 910 Annuity Fund), James A. Williams(as Trustees of the IBEW Local 910 Annuity Fund), Elizabeth F. Cassada(as Trustee of the IBEW Local 910 Pension Fund), James A. Williams(as Trustee of the IBEW Local 910 Pension Fund), Thomas R. Lostracco, George Kennedy, Rodney Malarchik, Irving Wood, James Rounds, Lyle D. Fassett, Rockne Burns, Carmen A. Serrett(as Trustees of the Laborers' Local 103 Annuity Fund), Earl R. Hall, Carmen A. Serrett(as Trustee of the Laborers' Local 103 Pension Fund), Patrick Morin(as Trustees of Empire State Carpenters Pension Fund), Dale Stuhlmiller(as Trustees of Empire State Carpenters Pension Fund), Patrick Morin(as Trustees of Empire State Carpenters Annuity Fund), Dale Stuhlmiller(as Trustees of Empire State Carpenters Annuity Fund), Patrick Morin(as Trustees of the Empire State Carpenters Welfare Fund), Dale Stuhlmiller(as Trustees of the Empire State Carpenters Welfare Fund), Local 73 Annuity Fund and Local 79 Retirement Fund. Related document: 1 Complaint, filed by Local 73 Annuity Fund anf Local 79 Retirement Fund.(mbe) (Entered: 01/04/2010)
MEMO ENDORSEMENT on re: 35 Motion to Appoint Counsel. ENDORSEMENT: The motion which is unopposed, is GRANTED. So Ordered. (Signed by Judge Colleen McMahon on 12/14/2009) (jfe) (Entered: 12/14/2009)
ENDORSED LETTER addressed to Judge Colleen McMahon from David Preminger dated 12/4/09 re: counsel for plaintiffs requests to file an amended complaint to add additional plaintiffs and include new facts and defendants that were discovered after further investigation. ENDORSEMENT: I did not receive/or see the letter - the volume of paper, I guess. I have no problem if all you do is file an amended complaint. (Signed by Judge Colleen McMahon on 12/9/09) (dle) (Entered: 12/09/2009)
ENDORSED LETTER addressed to Judge Colleen McMahon from Jeffrey A. Rosenthal dated 12/3/2009 re: The Ivy defendants request that the Court reject the Hartman Plaintiffs' request to modify the Consolidated Order. ENDORSEMENT: I have not seen the letter to which you refer. Perhaps, it was sent by snail mail. However, I can assure you that the Hartman plaintiffs will not be permitted to file an amended complaint at this juncture, and will not be permitted to take discovery separately. If they file an amended complaint, I will put a complete hold on their lawsuit. Any discovery notices they serve out of coordination with the other actions will be quashed. (Signed by Judge Colleen McMahon on 12/3/2009) (tve) (tve). Modified on 12/8/2009 (ae). (Entered: 12/04/2009)
CONSOLIDATED AMENDED CLASS ACTION COMPLAINT amending 1 Complaint, against J.P. Jeanneret Associates, Inc., John P. Jeanneret, Paul L. Perry, Ivy Asset Management Corporation, Bank of New York Mellon Corporation, Margolin, Winer & Evens LLP.Document filed by Local 73 Annuity Fund anf Local 79 Retirement Fund. Related document: 1 Complaint, filed by Local 73 Annuity Fund and Local 79 Retirement Fund.(mbe) (Entered: 11/20/2009)
CERTIFICATE OF SERVICE of Consolidated Amended Class Action Complaint served on J.P. Jeanneret Associates, Inc., John P. Jeanneret, Paul L. Perry, Ivy Asset Management Corporation, Bank of New York Mellon Corporation and Margolin, Winer & Evens LLP on 11/16/2009. Service was made by Email. Document filed by Local 73 Annuity Fund anf Local 79 Retirement Fund. (Hart, Barbara) (Entered: 11/17/2009)
CERTIFICATE OF SERVICE of Motion, Memorandum in Support of Motion and Declaration of Peter H. LeVan, Jr. on 11/12/09. Document filed by Board of Trustees of The Buffalo Laborers Security Fund. (Meltzer, Joseph) (Entered: 11/12/2009)
DECLARATION of Peter H. LeVan, Jr. in Support re: 35 MOTION to Appoint Counsel for ERISA Claims Pursuant to Federal Rule of Civil Procedure 23(g).. Document filed by Board of Trustees of The Buffalo Laborers Security Fund. (Attachments: # 1 Exhibit A)(Meltzer, Joseph) (Entered: 11/12/2009)
MEMORANDUM OF LAW in Support re: 35 MOTION to Appoint Counsel for ERISA Claims Pursuant to Federal Rule of Civil Procedure 23(g).. Document filed by Board of Trustees of The Buffalo Laborers Security Fund. (Meltzer, Joseph) (Entered: 11/12/2009)
MOTION to Appoint Counsel for ERISA Claims Pursuant to Federal Rule of Civil Procedure 23(g). Document filed by Board of Trustees of The Buffalo Laborers Security Fund.(Meltzer, Joseph) (Entered: 11/12/2009)
ORDER CONSOLIDATING THE RELATED CASES FOR PRETRIAL PURPOSES; APPOINTING LEAD PLAINTIFFS AND LEAD COUNSEL ON BEHALF OF THE PUTATIVE CLASS OF SECURITIES CLAIMANTS; AND SETTING A SCHEDULE FOR AMENDING THE PLEADINGS AND THE BRIEFING OF ANTICIPATED MOTIONS: Having concluded that the interests ofjustice will be served if the above-captioned actions are consolidated for PRETRIAL PURPOSES, and in accordance with the proceedings at the status conference held today before the Court, the four above-captioned actions are hereby consolidated for all pretrial purposes pursuant to Federal Rule of Civil Procedure 42(a). Theabove-captioned actions (the "Consolidated Actions") shall be collectively referred to as "In re J.P. Jeanneret Associates, Inc., et al." A Master File is hereby established for the consolidated proceedings in In re J.P. Jeanneret Associates, Inc., et al. The case number for the Master File shall be 09 Civ. 3907. The Clerk shall file the original of this Order in the Master File and shall enter this Order in the dockets for each of the four Consolidated Actions. A Master Docket is hereby established for the consolidated proceedings in In re J.P. Jeanneret Associates, Inc., et al. The case number for the Master Docket likewise shall be 09 Civ. 3907. Going forward, the Clerk of the Court shall file all documents applicable to any of the Consolidated Actions in the Master File and shall enter such filing in the Master Docket. No further copies need be filed or docket entries made. All documents hereafter filed in any of the Consolidated Actions shall bear the following case caption: In re J.P. Jeanneret Associates, Inc. et al., all other details are as further set forth in said Order. Defendants in In re J.P. Jeanneret Associates, Inc., et al. shall file any motions to dismiss the consolidated amended complaints by January 15,2010; and it is further ORDERED that plaintiffs shall file their oppositions by February 19, 2010; and it is further ORDERED that defendants shall file their replies by March 5, 2010; and it is further ORDERED that briefs will not be subject to the 25-page limit specified in Judge McMahon's Individual Practices. (Motions due by 1/15/2010. Replies due by 3/5/2010. Responses due by 2/19/2010) (Signed by Judge Colleen McMahon on 11/6/09) (db) (Entered: 11/06/2009)
Calendar Notice, Status Conference set for 11/5/2009 at 11:15 AM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 10/30/09) (cd) (Entered: 11/02/2009)
NOTICE of Response to the Court's October 19, 2009 Notice Concerning Consolidation re: 26 Order,,. Document filed by Ivy Asset Management Corporation, Bank of New York Mellon Corporation. (Attachments: # 1 Certificate of Service)(Rosenthal, Jeffrey) (Entered: 10/23/2009)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ivy Asset Management Corporation, Bank of New York Mellon Corporation. (Attachments: # 1 Certificate of Service)(Rosenthal, Jeffrey) (Entered: 10/23/2009)
NOTICE OF APPEARANCE by Jeffrey A. Rosenthal on behalf of Ivy Asset Management Corporation, Bank of New York Mellon Corporation (Attachments: # 1 Certificate of Service)(Rosenthal, Jeffrey) (Entered: 10/23/2009)
NOTICE of Response to the Court's Notice Concerning Consolidation re: (4 in 1:09-cv-08362-VM, 3 in 1:09-cv-08278-VM, 19 in 1:09-cv-07584-VM, 26 in 1:09-cv-03907-CM) Order,,. Document filed by Local 73 Annuity Fund anf Local 79 Retirement Fund, Bryan Allen, David Waby, Donald A. Little, Jr, James Fredenburg, Plumbers & Steamfitters Local 267 Pension Fund, Peter Lauze, Frank Bisesi, Donald Beckley, Patrick Bonnell, James Rood, Kevin J. Bannon, Gregory Lancette, Bradley Ward. (Attachments: # 1 Certificate of Service)(Hart, Barbara) (Entered: 10/23/2009)
NOTICE of response to the Court's Notice dated October 19, 2009 concerning consolidation. Document filed by J.P. Jeanneret Associates, Inc., John P. Jeanneret, Paul L. Perry. (Cook, John) (Entered: 10/23/2009)
LETTER from Judge Colleen McMahon and Judge Victor Marrero addressed to: CounselRE: You are hereby notified that counsel in the three actions assigned to Judge Marrero have until Friday of this week to show cause why those actions should not be transferred to and consolidated with the action pending before Judge McMahon. Please file any response to this notice on ECF in your own and fax the response to counsel in all four cases as well as to Judge McMahon's and Judge Marrero's chambers. (Signed by Judge Colleen McMahon on 10/19/2009) (jpo) (Entered: 10/19/2009)
ENDORSED LETTER addressed to Judge Colleen McMahon from Lewis J. Liman dated 7/30/09 re: Counsel for the parties have conferred regarding the management of this matter in response to the Court's 7/7/09 Order Scheduling an Initial Pretrial Conference. The parties have agreed to the proposed initial schedule subject to the Court's approval as further set forth in this letter. ENDORSEMENT: Not acceptable in PSLRA cases, I and only I set the schedule. And it will be shorter than this. You will be called in for a Rule 16 conference when I am ready to appoint lead plaintiff and counsel. (Signed by Judge Colleen McMahon on 8/3/09) (tro) (Entered: 08/04/2009)
ORDER granting 22 Motion for Brian E.Whiteley to Appear Pro Hac Vice on behalf of defendants J.P. Jeanneret Associates, INc and John P. Jeanneret.(Signed by Judge Colleen McMahon on 7/31/09) (djc) (Entered: 07/31/2009)
ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE:... Initial Conference set for 10/30/2009 at 11:15 AM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 7/7/09) (cd) (Entered: 07/07/2009)
NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Paul A. Crotty is no longer assigned to the case due to Judge's recusal. (ldi) (Entered: 07/07/2009)
DECLARATION of Barbara Hart in Support re: 14 MOTION to Appoint The Local 73 Annuity Fund and The Local 73 Retirement Fund to serve as lead plaintiff(s). MOTION to Appoint Counsel Lowey Dannenberg Cohen & Hart, P.C. Lead Counsel. MOTION to Appoint The Local 73 Annuity Fund and The Local 73 Retirement Fund to serve as lead plaintiff(s).. Document filed by Local 73 Annuity Fund anf Local 79 Retirement Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Hart, Barbara) (Entered: 06/19/2009)
MEMORANDUM OF LAW in Support re: 14 MOTION to Appoint The Local 73 Annuity Fund and The Local 73 Retirement Fund to serve as lead plaintiff(s). MOTION to Appoint Counsel Lowey Dannenberg Cohen & Hart, P.C. Lead Counsel. MOTION to Appoint The Local 73 Annuity Fund and The Local 73 Retirement Fund to serve as lead plaintiff(s).. Document filed by Local 73 Annuity Fund anf Local 79 Retirement Fund. (Hart, Barbara) (Entered: 06/19/2009)
MOTION to Appoint The Local 73 Annuity Fund and The Local 73 Retirement Fund to serve as lead plaintiff(s)., MOTION to Appoint Counsel Lowey Dannenberg Cohen & Hart, P.C. Lead Counsel. Document filed by Local 73 Annuity Fund anf Local 79 Retirement Fund.(Hart, Barbara) (Entered: 06/19/2009)
WAIVER OF SERVICE RETURNED EXECUTED. Bank of New York Mellon Corporation waiver sent on 4/23/2009, answer due 6/22/2009. Document filed by Bank of New York Mellon Corporation. (pl) (Entered: 05/11/2009)
WAIVER OF SERVICE RETURNED EXECUTED. Ivy Asset Management Corporation waiver sent on 4/23/2009, answer due 6/22/2009. Document filed by Ivy Asset Management Corporation. (pl) (Entered: 05/11/2009)
WAIVER OF SERVICE RETURNED EXECUTED. John P. Jeanneret waiver sent on 5/1/2009, answer due 6/30/2009. Document filed by John P. Jeanneret. (pl) (Entered: 05/11/2009)
WAIVER OF SERVICE RETURNED EXECUTED. Paul L. Perry waiver sent on 4/28/2009, answer due 6/29/2009. Document filed by Local 73 Annuity Fund anf Local 79 Retirement Fund. (Hart, Barbara) (Entered: 05/05/2009)
WAIVER OF SERVICE RETURNED EXECUTED. John P. Jeanneret waiver sent on 4/28/2009, answer due 6/29/2009. Document filed by Local 73 Annuity Fund anf Local 79 Retirement Fund. (Hart, Barbara) (Entered: 05/05/2009)
WAIVER OF SERVICE RETURNED EXECUTED. J.P. Jeanneret Associates, Inc. waiver sent on 4/28/2009, answer due 6/29/2009. Document filed by Local 73 Annuity Fund anf Local 79 Retirement Fund. (Hart, Barbara) (Entered: 05/05/2009)
SUMMONS RETURNED EXECUTED. Margolin, Winer & Evens LLP served on 4/27/2009, answer due 5/18/2009. Document filed by Local 73 Annuity Fund anf Local 79 Retirement Fund. (Hart, Barbara) (Entered: 04/29/2009)
WAIVER OF SERVICE RETURNED EXECUTED. Bank of New York Mellon Corporation waiver sent on 4/20/2009, answer due 6/19/2009. Document filed by Local 73 Annuity Fund anf Local 79 Retirement Fund. (Hart, Barbara) (Entered: 04/29/2009)
WAIVER OF SERVICE RETURNED EXECUTED. Ivy Asset Management Corporation waiver sent on 4/20/2009, answer due 6/19/2009. Document filed by Local 73 Annuity Fund anf Local 79 Retirement Fund. (Hart, Barbara) (Entered: 04/29/2009)
COMPLAINT against J.P. Jeanneret Associates, Inc., John P. Jeanneret, Paul L. Perry, Ivy Asset Management Corporation, Bank of New York Mellon Corporation, Margolin, Winer & Evens LLP. (Filing Fee $ 350.00, Receipt Number E 685301)Document filed by Local 73 Annuity Fund and Local 79 Retirement Fund.(jmi) Modified on 4/22/2009 (jmi). (ama). (Entered: 04/22/2009)
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