MEMO ENDORSEMENT granting (1223 in case no. 1:08-cv-11117-TPG) Motion to Withdraw in case. ENDORSEMENT: So Ordered. (Signed by Judge Thomas P. Griesa on 6/6/2016) Filed In Associated Cases: 1:09-md-02052-TPG et al.(kl) (Entered: 06/06/2016)
ORDER AND FINAL JUDGMENT GRANTING PLAINTIFFS' SETTLEMENT CLASS COUNSEL'S MOTION FOR APPROVAL OF FUND DISTRIBUTION ACCOUNT PLAN OF ALLOCATION, DISTRIBUTION PROCEDURES, ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES: This Order and Final Judgment incorporates by reference the definitions in the Consensus FDA POA, as amended, Stipulation of Partial Settlement, dated as of February 23, 2011 (ECF No. 392-1) (the "Stipulation"), and any additional definitions in the Cirami FDA Affidavit, and all terms used herein shall have the meanings as set forth in the Stipulation, the Consensus FDA POA, as amended, and the Cirami FDA Affidavit. This Court has jurisdiction over the subject matter of the Actions and over all parties to the Actions, including the Fund Distribution Claimants. The portion of Class Counsel's Motion seeking approval of the Consensus FDA POA, as amended, attached hereto as Exhibit A, is GRANTED; The portion of Class Counsel's Motion seeking attorneys' fees and the reimbursement of expenses is GRANTED as follows: Class Counsel is awarded 3% of the current FDA and all future amounts deposited into the FDA (excluding: (i) the amounts used to repay the loan taken out by the two Rye Funds to complete the settlement with the Madoff Trustee; and (ii) the XL Priority Allocation) which may be paid on entry of this Order and Judgment and without further application to the Court, however, such award shall not exceed 2.5 times Class Counsel's lodestar, to be determined at the time of any subsequent FDA recoveries; Class Counsel is reimbursed for $975,322.56 in total out-of-pocket costs and expenses that were reasonably and necessarily incurred in respect of post May 6, 2011 litigation and related activities. (As further set forth in this Order) (Signed by Judge Thomas P. Griesa on 9/16/2015) (kl) (Entered: 09/16/2015)
OPINION: The court finds the motion to distribute the Net Settlement Fund to be fair and reasonable. The objections to the motion are overruled. This resolves the motions at numbers 1056 and 1069 on the docket. (Signed by Judge Thomas P. Griesa on 6/5/2015) (kl) (Entered: 06/09/2015)
ORDER GRANTING SETTLING CLASS PLAINTIFFS' MOTION FOR APPROVAL OF: (i) CREATION OF NET SETTLEMENT FUND RESERVE AND DISTRIBUTION OF UNRESERVED PORTION OF NET SETTLEMENT FUND TO AUTHORIZED CLAIMANTS; AND (ii) READMISSION TO SETTLEMENT CLASS OF SETTLING PLAINTIFFS: The portion of Settling Class Plaintiffs' Motion seeking approval of creation of a Net Settlement Fund Reserve and Initial Distribution of the unreserved portion of the Net Settlement Fund to Authorized Claimants is GRANTED and objections thereto are overruled. The portion of Settling Class Plaintiffs' Motion seeking approval of readmission to the Settlement Class of the Settling Plaintiffs and distribution of the NSF Reserve to Authorized Claimants including existing Class Members, when and as approved by GCG, is GRANTED, and objections thereto are overruled. GCG shall be paid the sum of $555,461.23 from the Net Settlement Fund as payment for its outstanding fees and expenses incurred and to be incurred in connection with administration of the Settlement and the Distribution Plan. (Signed by Judge Thomas P. Griesa on 6/5/2015) (kl) (Entered: 06/09/2015)
ORDER GRANTING SETTLING CLASS PLAINTIFFS' MOTION FOR APPROVAL OF NET SETTLEMENT FUND PLAN OF ALLOCATION AND SCHEDULING MOTION FOR DISTRIBUTION: IT IS HEREBY ORDERED THAT: 1. This Order incorporates by reference the definitions in the Cirami Affidavit and in the Stipulation of Partial Settlement dated as of February 23, 2011 (the "Stipulation") (ECF No. 392-1), and all terms used herein shall have the meanings as set forth in the Cirami Affidavit and in the Stipulation. 2. This Court has jurisdiction over the subject matter of the Actions and over all parties to the Actions, including the Settlement Class Members. 3. Settling Class Plaintiffs' Motion is GRANTED. Accordingly, a. The NSF POA submitted with the Motion is approved; b. The administrative determinations by GCG with respect to processing NSF Proofs of Claim, as set forth in the Cirami Affidavit, are approved. 4. Settling Class Plaintiffs shall move for approval of Distribution of the Net Settlement Fund to Authorized Claimants, on the following schedule. a. On or before January 30, 2015, Settling Class Plaintiffs shall move for approval of Distribution of the Net Settlement Fund; b. Any opposing papers shall be served on or before February 27, 2015; c. Reply papers shall be served on or before March 13, 2015. SO ORDERED. (Motions due by 1/30/2015. Responses due by 2/27/2015, Replies due by 3/13/2015.) (Signed by Judge Thomas P. Griesa on 12/22/2014) (ajs) (Entered: 12/23/2014)
ORDER TO SHOW CAUSE FOR REINSTATEMENT OF STATE LAW COMPLAINTS, WITHDRAWAL OF FEDERAL CLAIMS, AND REMAND. It is ORDERED, that the above named defendants show cause before a motion term of this Court, at Room 26B, United States Courthouse, 500 Pearl Street, in the City, County and State of New York, on April 11, 2014, at 11:30 o'clock in the morning thereof, or as soon thereafter as counsel may be heard, why an order should not be issued that (1) Plaintiffs' operative complaints at the time of removal should be reinstated; (2) Plaintiffs federal-law claims are withdrawn; and (3) these matters are remanded to Florida state court in Palm Beach County. IT IS FURTHER ORDERED THAT Defendants shall serve and file their papers in opposition to Plaintiffs' motion, if any, by 3/24/2014. IT IS FURTHER ORDERED THAT Plaintiffs shall serve and file their reply papers, if any, by 3/31/2014. (Show Cause Hearing set for 4/11/2014 at 11:30 AM in Courtroom 26B, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Thomas P. Griesa.), (Replies due by 3/31/2014.) (Show Cause Response due by 3/24/2014). (Signed by Judge Thomas P. Griesa on 3/10/2014) Filed In Associated Cases: 1:09-md-02052-TPG et al.(rjm) (Entered: 03/10/2014)
CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Florida, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Thomas P. Griesa, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 12/12/2012) (sjo) (Entered: 12/12/2012)
JOINDER to join re: (806 in 1:08-cv-11117-TPG) Memorandum of Law in Opposition to Motion,. Document filed by Rye Select Broad Market Fund, Rye Select Broad Market Portfolio Limited, Rye Select Broad Market Prime Fund LP, Rye Select Broad Market XL Fund LP, Tremont Market Neutral Fund, Tremont Opportunity Fund III LP, Rye Select Broad Market Insurance Fund LP, Tremont Market Neutral Fund II LP, Tremont Market Neutral Fund Limited, Tremont Opportunity Fund Limited, Tremont Opportunity Fund II LP, Tremont Arbitrage Fund LP, Tremont Arbitrage Fund-Ireland, Tremont Strategic Insurance Fund LP.Filed In Associated Cases: 1:09-md-02052-TPG, 1:08-cv-11117-TPG(Siciliano, Ralph) (Entered: 09/18/2012)
JOINDER to join re: (793 in 1:08-cv-11117-TPG) Reply Memorandum of Law in Support of Motion, THE TREMONT AND RYE FUNDS' JOINDER IN THE TREMONT DEFENDANTS' REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF THEIR MOTION TO DISMISS THE AMENDED COMPLAINTS dated 8/27/12. Document filed by Rye Select Broad Market Insurance Fund LP, Rye Select Broad Market Prime Fund LP, Rye Select Broad Market XL Fund LP, Tremont Opportunity Fund III, L.P..Filed In Associated Cases: 1:09-md-02052-TPG, 1:08-cv-11117-TPG, 1:09-cv-00557-TPG, 1:11-cv-01283-TPG, 1:11-cv-01284-TPG(Kanfer, David) (Entered: 08/27/2012)
ORDER: As discussed at the conference yesterday, the motions to dismiss are denied. Discovery may now proceed in the Elendow action. However, discovery remains stayed, and all motions remain pending, in the other related actions. (Signed by Judge Thomas P. Griesa on 6/8/2012) (cd) (Entered: 06/11/2012)
REPLY MEMORANDUM OF LAW in Support re: (174 in 1:09-cv-00557-TPG, 30 in 1:11-cv-01687-TPG, 687 in 1:08-cv-11117-TPG) MOTION to Dismiss dated 2/14/12 - The International DAD Trust v. Tremont.. Document filed by Tremont International Insurance Fund, L.P., Tremont Opportunity Fund III, L.P.. Filed In Associated Cases: 1:09-md-02052-TPG, 1:08-cv-11117-TPG, 1:09-cv-00557-TPG, 1:11-cv-01687-TPG(Kanfer, David) (Entered: 04/25/2012)
JOINDER to join re: (733 in 1:08-cv-11117-TPG) Memorandum of Law in Support of Motion,. Document filed by Rye Select Broad Market Insurance Fund LP, Rye Select Broad Market Prime Fund, Rye Select Broad Market XL Fund, Tremont Opportunity Fund III LP.Filed In Associated Cases: 1:09-md-02052-TPG, 1:08-cv-11117-TPG, 1:11-cv-01283-TPG, 1:11-cv-01284-TPG(Kanfer, David) (Entered: 04/13/2012)
ORDER: William Dodds of Dechert LLP, who represents Oppenheimer Acquisition Corp. and Oppenheimer Funds, Inc., has filed a request to withdraw as counsel in all of the actions listed above. The request is granted. (Signed by Judge Thomas P. Griesa on 3/13/2012) Filed In Associated Cases: 1:09-md-02052-TPG et al.(js) (Entered: 03/13/2012)
MANDATE of USCA (Certified Copy) as to 47 Notice of Appeal,, filed by Madelyn Haines, Paul Zamrowski USCA Case Number 11-3931. IT IS HEREBY ORDERED that the motion by Appellants to withdraw the appeal is GRANTED with prejudice. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 01/18/2012. (nd) (Entered: 01/18/2012)
ORDER of USCA (Certified Copy) as to 47 Notice of Appeal,, filed by Madelyn Haines, Paul Zamrowski USCA Case Number 11-3931. IT IS HEREBY ORDERED that the motion by Appellants Madelyn Haines and Paul Zamrowski to supplement the record on appeal is GRANTED without prejudice to Appellees to move to strike before the merits panel. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 11/16/2011. (nd) (Entered: 11/16/2011)
NOTICE OF APPEAL that plaintiffs appeal on their own behalf, as investorsin the settling funds and class members, to the United States Court of Appeals for theSecond Circuit from any and all final judgments and underlying orders adverselyimpacting Appellants rights, including but not limited to any orders listed in that certainNotice of Appeal also filed by Appellants in 08 Civ. 11117 (TPG) (the "Master Docket"),attached hereto as Exhibit A. Document filed by Madelyn Haines, Paul Zamrowski. (tp) (Entered: 09/26/2011)
ORDER ON ORAL MOTION OF ADAM D. WHITE FOR ADMISSION PRO HAC VICE OF BENJAMIN ROZWOOD: So Ordered. (Signed by Judge Thomas P. Griesa on 4/19/2011) Filed In Associated Cases: 1:09-md-02052-TPG, 1:11-cv-01851-TPG(js) (Entered: 04/20/2011)
ORDER ON ORAL MOTION OF ADAM D. WHITE FOR ADMISSION PRO HAC VICE OF KEVIN M. BARR. Kevin M. Harr, Esq. is admitted to practice pro hac vice as counsel for Plaintiff. (Signed by Judge Thomas P. Griesa on 4/19/2011) (jar) (Entered: 04/19/2011)
ORDER: There is currently pending on this docket a motion to dismiss the derivative claims brought by plaintiff John Dennis. The Court is now engaged in procedures to approve a settlement that may dispose of these derivative claims. Therefore, the motion--listed as document 354 on this docket--is denied as moot with leave to refile if the settlement is not consummated. (Signed by Judge Thomas P. Griesa on 3/31/2011) Filed In Associated Cases: 1:09-md-02052-TPG, 1:08-cv-11117-TPG(jfe) (Entered: 03/31/2011)
ORDER; that this Order concerns the above-captioned cases, which assert claims against certain Tremont entities, certain Rye entities, and other defendants, based solely on state law, and include allegations that an insurance company improperly invested plaintiffs life insurance. These cases should be consolidated for pre-trial proceedings with the cases charging improper investments by insurance companies. The Clerk of the Court is therefore directed to consolidate these cases with the Insurance Action under docket number 09 Civ. 557, and upon doing so, to close the docket in the above- captioned cases. Any document hereinafter filed in connection with the above captioned cases must be filed under the master docket, 08 Civ. 11117. The parties are directed to read this Court's Order and Memorandum, both dated March 26, 2009, which can be found under the master docket. These documents prescribe the requirements for future submissions to this Court. The deadline for defendants to answer, move or otherwise respond to plaintiffs' complaints is hereby adjourned until thirty days following the filing of an amended consolidated complaint in the Insurance Action. The deadline for defendants to answer, move or otherwise respond to plaintiffs' complaints is hereby adjourned until thirty days following the filing of an amended consolidated complaint in the Insurance Action. (Signed by Judge Thomas P. Griesa on 3/24/11) (pl) (Entered: 03/24/2011)
CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-6) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of other than the SDNY, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Thomas P. Griesa, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 3/17/2011) (rjm) (Entered: 03/18/2011)
CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-5) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of other than the SDNY, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Thomas P. Griesa, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 3/11/2011) (rjm) (Entered: 03/14/2011)
CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-4) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of other than the SDNY, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Thomas P. Griesa, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 2/24/2011) (rjm) (Entered: 03/01/2011)
NOTICE OF APPEARANCE by Jeffrey Craig Block on behalf of Inch of Gold, Inc., The William Kretschmar Revocable Trust Filed In Associated Cases: 1:09-md-02052-TPG, 1:08-cv-11117-TPG, 1:08-cv-11183-TPG(Block, Jeffrey) (Entered: 02/08/2011)
OPINION re: #98763 (103 in 1:08-cv-11117-TPG, 35 in 1:08-cv-11212-TPG) MOTION to Dismiss the Complaint or Alternatively to Compel Arbitration and to Stay the Consolidated Securities Action. filed by KPMG, KPMG LLP, (45 in 1:08-cv-11212-TPG) MOTION to Dismiss. filed by Ernst & Young LLP. For the reasons set forth herein, E&Y's and KPMG's motions to dismiss are granted (Docket Nos. 35 and 45 on 08 Civ. 11212; Docket No. 103 on 08 Civ. 11117). (Signed by Judge Thomas P. Griesa on 3/30/2010) Filed In Associated Cases: 1:09-md-02052-TPG, 1:08-cv-11117-TPG, 1:08-cv-11212-TPG(jmi) Modified on 4/1/2010 (ajc). (Entered: 03/31/2010)
ORDER. The motions to dismiss filed by the Tremont Defendants (Docket No. 140 on 08 Civ. 11117), Oppenheimer Defendants (Docket No. 125 on 08 Civ. 11117), MassMutual Defendants (Docket No. 116 on 08 Civ. 11117), Rye Defendants (Docket No. 143 on 08 Civ. 11117), and Sandra L. Manzke (Docket No. 216 on 08 Civ. 11117) are denied as moot. (Signed by Judge Thomas P. Griesa on 3/30/10) Filed In Associated Cases: 1:09-md-02052-TPG, 1:08-cv-11117-TPG, 1:08-cv-11212-TPG(rjm) (Entered: 03/30/2010)
ORDER. The motions to dismiss filed by the Tremont Defendants (Docket No. 146 on 08 Civ. 11117), Oppenheimer Defendants (Docket No. 127 on 08 Civ. 11117), MassMutual Defendants (Docket No. 112 on 08 Civ. 11117), and Rye Defendants (Docket No. 153 on 08 Civ. 11117) are denied as moot. KPMG's motion to dismiss (Docket No. 120 on 08 Civ. 11117) is granted because the claims against it are subject to mandatory arbitration. FPM and Ward's motion to dismiss for improper venue (Docket No. 210 on 08 Civ. 11117) is granted due to the existence of a valid, mandatory forum-selection clause making jurisdiction in the state of Washington exclusive. (Signed by Judge Thomas P. Griesa on 3/29/10) Filed In Associated Cases: 1:09-md-02052-TPG, 1:08-cv-11117-TPG, 1:08-cv-11183-TPG(rjm) (Entered: 03/30/2010)
ORDER. In a March 15, 2010 letter, New York Life now requests that the court "continue to treat the Prickett matter as an individual case" and not part of any consolidated class action complaint in the Insurance Action because the Prickett complaint is "plainly distinguishable" from the Insurance Action since New York Life is not affiliated with any Tremont entity. According to this letter, plaintiff Prickett objects to New York Life's request. Not only did the court intend for the Prickett action to be consolidated with the Insurance Action, but it appears that Plaintiff Prickett wishes to have his claims included in the forthcoming consolidated class action complaint. Accordingly, New York Life's request is denied. (Signed by Judge Thomas P. Griesa on 3/24/10) Filed In Associated Cases: 1:09-md-02052-TPG, 1:08-cv-11117-TPG(rjm) (Entered: 03/24/2010)
NOTICE OF APPEARANCE by Claude F. Renaud, III on behalf of Municipal Employees Retirement System of Louisiana. Relates to 10-1805. (rjm) (Entered: 03/23/2010)
NOTICE OF APPEARANCE by Eric Baronet Landry on behalf of Municipal Employees Retirement System of Louisiana. Relates to 10-1805. (rjm) (Entered: 03/23/2010)
NOTICE OF APPEARANCE by Van R. Mayhall, III on behalf of Municipal Employees Retirement System of Louisiana. Relates to 10-1805. (rjm) (Entered: 03/23/2010)
NOTICE OF APPEARANCE by Van R. Mayhall, Jr on behalf of Municipal Employees Retirement System of Louisiana. Relates to 10-1805. (rjm) (Entered: 03/23/2010)
NOTICE OF APPEARANCE by Claude F Reynaud, Jr on behalf of Municipal Employees Retirement System of Louisiana Filed In Associated Cases: 1:09-md-02052-TPG, 1:10-cv-01805-TPG(Reynaud, Claude) (Entered: 03/18/2010)
ORDER. On June 8, 2009, New York Life Insurance Company filed a motion to dismiss plaintiff F. Daniel Prickett's complaint (Docket No. 73). Because this complaint will be refashioned as part of a forthcoming consolidated complaint in line with the court's May 1, 2009 order of consolidation, New York Life Insurance Company's motion to dismiss is denied with leave to file a renewed motion if appropriate. denying (197) Motion to Dismiss in case 1:08-cv-11117-TPG. (Signed by Judge Thomas P. Griesa on 2/4/10) Filed In Associated Cases: 1:09-md-02052-TPG, 1:08-cv-11117-TPG(rjm) (Entered: 02/04/2010)
ORDER. The 2005 Tomchin Family Charitable Trust's motion to intervene as filed is denied. Subject to the conditions stated on the record reflecting the agreement of the parties, The 2005 Tomchin Family Charitable Trust is permitted to intervene as a plaintiff in the State Law Actions. (Signed by Judge Thomas P. Griesa on 10/26/09) Filed In Associated Cases: 1:09-md-02052-TPG, 1:08-cv-11117-TPG, 1:08-cv-11183-TPG(rjm) (Entered: 10/26/2009)
CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of other than the SDNY, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Thomas P. Griesa, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 10/7/09) (rjm) (Entered: 10/09/2009)
ORDER FOR ADMISSION OF COUNSEL PRO HAC VICE ON WRITTEN MOTION. Upon the motion of Thomas G. Ciarlone, Jr., counsel for the plaintiffs in the above-captioned action and said sponsor attorney's declaration in support: IT IS HEREBY ORDERED THAT: Vincent T. Gresham LAW OFFICE OF VINCENT T. GRESHAM 2870 Peachtree Road, # 306 Atlanta, GA 30305 Telephone: (404) 281-2762 Facsimile: (866) 618-3846 is admitted to practice pro hac vice as counsel for plaintiffs in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. Admitted counsel shall immediately apply for an ECF password at www.nysd.uscourts.gov. Counsel shall forward the pro hac vice filing fee to the Clerk of the Court. granting (20) Motion for Vincent T. Gresham to Appear Pro Hac Vice in case 1:09-md-02052-TPG; granting (38) Motion for Vincent T. Gresham to Appear Pro Hac Vice in case 1:09-cv-05441-TPG. (Signed by Judge Thomas P. Griesa on 9/30/09) Filed In Associated Cases: 1:09-md-02052-TPG, 1:09-cv-05441-TPG(rjm) (Entered: 10/01/2009)
PLAINTIFFS' MOTION to admit Vincent T. Gresham Pro Hac Vice. Document filed by Madelyn Haines, Paul Zamrowski, Arthur E. Lange Revocable Trust, Arthur M. Brainson. Filed In Associated Cases: 1:09-md-02052-TPG, 1:09-cv-05441-TPG(rjm) (Entered: 09/29/2009)
ORDER; Upon review of these complaints, this Court finds that these cases arise out of the same subject matter as the proceedings under 08 Civ. 11117 and that these cases therefore should be consolidated. The William Kretschmar Revocable Trust, et al. v. Rye Select Broad Mkt. Fund, L.P., et al., 09 Civ. 5440 (TPG), which asserts claims against certain Tremont entities, certain Rye entities, and other defendants based solely on state law, should be consolidated for pre-trial proceedings with the State Law Action. The Clerk of the Court therefore is directed to consolidate this case with the State Law Action under docket number 09 Civ. 11183, and upon doing so, to close the docket in 09 Civ. 5440 (TPG). Madelyn Haines, et aI. v. Mass. Mut. Life Ins. Co., et al., 09 Civ. 5441 (TPG), which asserts claims against certain Tremont entities and other defendants primarily arising under the federal securities laws, should be consolidated for pre-trial proceedings with the Securities Action. The Clerk of the Court therefore is directed to consolidate this case with the Securities Action under docket number 09 Civ. 11212, and upon doing so, to close the docket in 09 Civ. 5441 (TPG). The Lugano Trust. et al. v. Tremont Capital Mgmt. Inc. et al., 09-cv-6840 (TPG), which asserts claims against certain Tremont entities, certain Rye entities, and other defendants, based solely on state law, and includes allegations charging improper investments by insurance companies, should be consolidated for pre-trial proceedings with the Insurance Action. The Clerk of the Court is therefore directed to consolidate this case with the Insurance Action under docket number 09 Civ. 557, and upon doing so, to close the docket in 09-cv-6840 (TPG). A copy of this Order shall be placed in the dockets for all the cases listed herein. Any document hereinafter filed in connection with the above captioned cases must be filed under the master docket, 08 Civ. 11117, and the MDL case number, 09 md 2052. The parties are directed to read this Court's Order and Memorandum, both dated March 26, 2009, which can be found under the master docket. These documents prescribe the requirements for future submissions to this Court. (Signed by Judge Thomas P. Griesa on 9/25/09) (ae) (Entered: 09/28/2009)
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Bryan A. Wood dated 9/4/09 re: I represent the plaintiffs in the Kretschmar action and write to confirm my understanding that this Court has scheduled a conference for September 24, 2009, at 3:30 p.m., to hear argument on any and all objections to consolidating the above captioned cases with the Tremont MDL cases, which were consolidated by Order of this Court dated March 26, 2009. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 9/9/09) Filed In Associated Cases: 1:09-md-02052-TPG, 1:09-cv-05440-TPG, 1:09-cv-05441-TPG(db) (Entered: 09/09/2009)
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Bryan A. Wood dated 9/4/09 re: I represent the plaintiffs in the Kretschmar action and write to confirm my understanding that this Court has scheduled a conference for September 24, 2009, at 3:30 p.m., to hear argument on any and all objections to consolidating the above captioned cases with the Tremont MDL cases, which were consolidated by Order of this Court dated March 26, 2009. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 9/9/09) Filed In Associated Cases: 1:09-md-02052-TPG, 1:09-cv-05440-TPG, 1:09-cv-05441-TPG(db) (Entered: 09/09/2009)
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Bryan A. Wood dated 9/4/09 re: I represent the plaintiffs in the Kretschmar action and write to confirm my understanding that this Court has scheduled a conference for September 24, 2009, at 3:30 p.m., to hear argument on any and all objections to consolidating the above captioned cases with the Tremont MDL cases, which were consolidated by Order of this Court dated March 26, 2009. ENDORSEMENT: Approved., (Conference set for 9/24/2009 at 03:30 PM before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 9/9/09) Filed In Associated Cases: 1:09-md-02052-TPG, 1:09-cv-05440-TPG, 1:09-cv-05441-TPG(rjm) (Entered: 09/09/2009)
ORDER granting (7) Motion to Withdraw as Attorney. Attorney Alex Gregg Patchen terminated in case 1:09-md-02052-TPG; granting (8) Motion to Withdraw as Attorney. Attorney Alex Gregg Patchen terminated in case 1:09-cv-05440-TPG. (Signed by Judge Thomas P. Griesa on 8/10/09) Filed In Associated Cases: 1:09-md-02052-TPG, 1:09-cv-05440-TPG(db) (Entered: 08/10/2009)
MEMORANDUM ENDORSEMENT re: PLAINTIFFS' MOTION FOR LEAVE TO FILE TWO MEMORANDA OF LAW IN OPPOSITION TO DEFENDANTS' MOTIONS TO DISMISS ORDER granting (3) Motion for Leave to File Document in case 1:09-md-02052-TPG; granting (3) Motion for Leave to File Document in case 1:09-cv-05440-TPG. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 8/10/09) Filed In Associated Cases: 1:09-md-02052-TPG, 1:09-cv-05440-TPG(db) (Entered: 08/10/2009)
ORDER ON WRITTEN MOTION ADMITTING ATTORNEY PRO HAC VICE. Attorney Katherine Skubecz for William Kretschmar Revocable Trust and Inch of Gold, Inc. admitted Pro Hac Vice., Motions terminated: (13 in 1:09-cv-05440-TPG, 10 in 1:09-md-02052-TPG) MOTION for Katherine Skubecz to Appear Pro Hac Vice. filed by William Kretschmar Revocable Trust, Inch of Gold, Inc. (Signed by Judge Thomas P. Griesa on 8/3/09) Filed In Associated Cases: 1:09-md-02052-TPG, 1:09-cv-05440-TPG(rjm) (Entered: 08/04/2009)
ORDER ON WRITTEN MOTION ADMITTING ATTORNEY PRO HAC VICE. Attorney Michael Jameson Pucillo for William Kretschmar Revocable Trust and Inch of Gold, Inc. admitted Pro Hac Vice., Motions terminated: (14 in 1:09-cv-05440-TPG, 11 in 1:09-md-02052-TPG) MOTION for Michael J. Pucillo to Appear Pro Hac Vice. filed by William Kretschmar Revocable Trust, Inch of Gold, Inc. (Signed by Judge Thomas P. Griesa on 8/3/09) Filed In Associated Cases: 1:09-md-02052-TPG, 1:09-cv-05440-TPG(rjm) (Entered: 08/03/2009)
PLAINTIFFS' MOTION for Michael J. Pucillo to Appear Pro Hac Vice. Document filed by William Kretschmar Revocable Trust, Inch of Gold, Inc. Filed In Associated Cases: 1:09-md-02052-TPG, 1:09-cv-05440-TPG(rjm) (Entered: 07/28/2009)
PLAINTIFFS' MOTION for Katherine Skubecz to Appear Pro Hac Vice. Document filed by William Kretschmar Revocable Trust, Inch of Gold, Inc. Filed In Associated Cases: 1:09-md-02052-TPG, 1:09-cv-05440-TPG (rjm) (Entered: 07/28/2009)
DECLARATION of Alex G. Patchen in Support re: (8 in 1:09-cv-05440-TPG, 7 in 1:09-md-02052-TPG) MOTION for Alex G. Patchen to Withdraw as Attorney.. Document filed by Rye Select Broad Market Fund, L.P.. Filed In Associated Cases: 1:09-md-02052-TPG, 1:09-cv-05440-TPG(Patchen, Alex) (Entered: 07/24/2009)
MEMORANDUM OF LAW in Support re: (8 in 1:09-cv-05440-TPG, 7 in 1:09-md-02052-TPG) MOTION for Alex G. Patchen to Withdraw as Attorney.. Document filed by Rye Select Broad Market Fund, L.P.. Filed In Associated Cases: 1:09-md-02052-TPG, 1:09-cv-05440-TPG(Patchen, Alex) (Entered: 07/24/2009)
MOTION for Alex G. Patchen to Withdraw as Attorney. Document filed by Rye Select Broad Market Fund, L.P.. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit Certificate of Service)Filed In Associated Cases: 1:09-md-02052-TPG, 1:09-cv-05440-TPG(Patchen, Alex) (Entered: 07/24/2009)
ENDORSED LETTER addressed to Judge Thomas P. Griesa from David Pastor dated 7/23/09 re: On behalf of the Haines Plaintiffs and Movant Nicholas Meyer, I write to request a one-day extension of time in which to submit replies in support of: the Haines Plaintiffs' Objection to Consolidation. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 7/24/09) Filed In Associated Cases: 1:09-md-02052-TPG, 1:08-cv-11117-TPG, 1:09-cv-05441-TPG(rjm) (Entered: 07/24/2009)
BRIEF In Opposition to Motions to Dismiss. Document filed by William Kretschmar Revocable Trust. (Attachments: # 1 Part II - Memorandum of Law in Opposition to Motions to Dismiss, # 2 Exhibit A)Associated Cases: 1:09-md-02052-TPG, 1:09-cv-05440-TPG(Block, Jeffrey) (Entered: 07/14/2009)
OPPOSITION BRIEF In Response to Defendants' Motions to Dismiss Pursuant to Fed. R. 12(b)(2) and In Support of Motion for Leave to Conduct Limited Jurisdictional Discovery. Document filed by William Kretschmar Revocable Trust. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)Associated Cases: 1:09-md-02052-TPG, 1:09-cv-05440-TPG(Block, Jeffrey) (Entered: 07/14/2009)
MOTION for Leave to File Excess Pages. Document filed by William Kretschmar Revocable Trust.Filed In Associated Cases: 1:09-md-02052-TPG, 1:09-cv-05440-TPG(Block, Jeffrey) (Entered: 07/14/2009)
CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Massachusetts, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Thomas P. Griesa, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 6/11/09) (rjm) (Entered: 06/12/2009)
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