MEMO ENDORSEMENT on re: 1114 Letter filed by Glencore Ltd. ENDORSEMENT: So ordered. (Attorney Leighton Elizabeth Dellinger terminated.) (Signed by Judge Katherine B. Forrest on 7/25/2017) (ras) Modified on 8/3/2017 (ras). (Entered: 07/25/2017)
LETTER addressed to Judge Katherine B. Forrest from Leighton Dellinger dated June 26, 2017 re: Request For Withdrawal of Appearance. Document filed by Glencore Ltd..(Dellinger, Leighton) (Entered: 06/26/2017)
MEMO ENDORSED on re: 1112 Letter requesting to be relieved as counsel filed by Glencore Ltd. So Ordered. (Signed by Judge Katherine B. Forrest on 6/20/2017) (js) (Entered: 06/20/2017)
LETTER addressed to Judge Katherine B. Forrest from Julia Pascuzzo dated June 16, 2017 re: Request For Withdrawal of Appearance. Document filed by Glencore Ltd..(Pascuzzo, Julia) (Entered: 06/16/2017)
NOTICE OF CHANGE OF ADDRESS by Gerald Lawrence on behalf of Admiral Beverage Corporation. New Address: Lowey Dannenberg, P.C., 44 South Broadway, Suite 1100, White Plains, NY, United States 10601, 914-997-0500. (Lawrence, Gerald) (Entered: 06/05/2017)
NOTICE OF CHANGE OF ADDRESS by Thomas Michael Skelton on behalf of Admiral Beverage Corporation. New Address: Lowey Dannenberg, P.C., 44 South Broadway, Suite 1100, White Plains, NY, United States 10601, 914-997-0500. (Skelton, Thomas) (Entered: 06/05/2017)
NOTICE OF CHANGE OF ADDRESS by Raymond Peter Girnys on behalf of Admiral Beverage Corporation. New Address: Lowey Dannenberg, P.C., 44 South Broadway, Suite 1100, White Plains, NY, United States 10601, 914-997-0500. (Girnys, Raymond) (Entered: 06/05/2017)
NOTICE OF CHANGE OF ADDRESS by Peter Dexter St. Phillip, Jr on behalf of Admiral Beverage Corporation. New Address: Lowey Dannenberg, P.C., 44 South Broadway, Suite 1100, White Plains, NY, United States 10601, 914-997-0500. (St. Phillip, Peter) (Entered: 06/05/2017)
NOTICE OF CHANGE OF ADDRESS by Vincent Briganti on behalf of Admiral Beverage Corporation. New Address: Lowey Dannenberg, P.C., 44 South Broadway, Suite 1100, White Plains, NY, United States 10601, 914-997-0500. (Briganti, Vincent) (Entered: 06/02/2017)
NOTICE OF CHANGE OF ADDRESS by Geoffrey Milbank Horn on behalf of Admiral Beverage Corporation. New Address: Lowey Dannenberg, P.C., 44 South Broadway, Suite 1100, White Plains, NY, United States 10601, 914-997-0500. (Horn, Geoffrey) (Entered: 06/02/2017)
NOTICE OF APPEAL from (1081 in 1:13-md-02481-KBF, 361 in 1:14-cv-03116-KBF) Clerk's Judgment,, (367 in 1:14-cv-03116-KBF, 367 in 1:14-cv-03116-KBF, 1103 in 1:13-md-02481-KBF, 1103 in 1:13-md-02481-KBF) Order on Motion to Amend/Correct, Order on Motion to Alter Judgment,,,,,, (1080 in 1:13-md-02481-KBF, 360 in 1:14-cv-03116-KBF) Memorandum & Opinion,,. Document filed by Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc.. Filing fee $ 505.00, receipt number 0208-13145622. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-03116-KBF(Coughlin, Patrick) (Entered: 12/29/2016)
OPINION & ORDER: For the reasons set forth above, this Court DISMISSES the following actions: Agfa Corporation and Agfa Graphics, N.V. v. The Goldman Sachs Group, Inc., et al., Case No. 14-cv-211; Mag Instrument Inc. v. The Goldman Sachs Group, Inc. et al., Case No. 14-cv-217; Eastman Kodak Company v. The Goldman Sachs Group, Inc. et al., Case No. 14-cv-6849; FUJIFILM Manufacturing U.S.A., Inc. v. Goldman Sachs & Co. et al., 15-cv-8307; and Reynolds Consumer Products LLC and Southwire Company, LLC v. Glencore AG et al., Case No. 16-cv-5955. In addition, as it would be futile to allow the amendment proposed by the Reynolds and Southwire plaintiffs (see Case No. 16-cv-5955, ECF Nos. 67, 69), that motion is also DENIED. The Clerk of Court is directed to terminate the motion at Case No. 16-cv-5955, ECF No. 67. (Signed by Judge Katherine B. Forrest on 11/30/2016) Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-00211-KBF, 1:14-cv-00217-KBF, 1:14-cv-06849-KBF(cla) (Entered: 11/30/2016)
MEMO ENDORSEMENT denying (1095) Motion to Amend/Correct, Motion to Alter Judgment in case 1:13-md-02481-KBF; denying (363) Motion to Amend/Correct, Motion to Alter Judgment in case 1:14-cv-03116-KBF. ENDORSEMENT: Ordered: Motion DENIED. The Second Circuit's decision in Aluminum III applied existing law -- it did not constitute an intervening change. This Court has allowed ample opportunities to state a claim -- indeed, the briefing on the pleadings spanned over two years. In all events, the amendment would be futile for substantially reasons already stated or also set forth in this Court's decision of today's date regarding Mag, Agfa, Reynolds, Southwire, Fujifilm (and the Reynolds/Southwire proposed amendment). (Signed by Judge Katherine B. Forrest on 11/30/2016) Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-03116-KBF (cla) (Entered: 11/30/2016)
REPLY MEMORANDUM OF LAW in Support re: (363 in 1:14-cv-03116-KBF, 363 in 1:14-cv-03116-KBF) MOTION to Amend/Correct . MOTION to Alter Judgment Plaintiffs' Motion to Alter or Amend the Court's October 6, 2016 Judgment and for Leave to Amend. . Document filed by Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc.. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-03116-KBF(Coughlin, Patrick) (Entered: 11/28/2016)
MEMORANDUM OF LAW in Opposition re: (363 in 1:14-cv-03116-KBF, 363 in 1:14-cv-03116-KBF, 1095 in 1:13-md-02481-KBF, 1095 in 1:13-md-02481-KBF) MOTION to Amend/Correct . MOTION to Alter Judgment Plaintiffs' Motion to Alter or Amend the Court's October 6, 2016 Judgment and for Leave to Amend. . Document filed by Glencore plc (f/k/a Glencore Xstrata, plc), Goldman Sachs & CO., Goldman Sachs International, Henry Bath LLC, J. Aron & Co., JP Morgan Securities plc f/k/a JP Morgan Securities Ltd., MITSI Holdings LLC, Metro International Trade Services, L. L. C., Pacorini Metals USA, LLC. (Attachments: # 1 Exhibit Certificates of Service)Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-03116-KBF(Pepperman, Richard) (Entered: 11/18/2016)
COURT EXHIBIT 1 as to hearing held on 11/10/2016 filed. Associated Cases: 1:13-md-02481-KBF, 1:14-cv-00211-KBF, 1:14-cv-00217-KBF, 1:14-cv-06849-KBF(jp) (Entered: 11/10/2016)
REDACTION REPLY IN FURTHER SUPPORT OF THEIR MEMO PURSUANT TO THE COURT'S MEMO ENDORSEMENT OF OCTOBER 13, 2016 by Mag Instrument Inc, AGFA Corporation, AGFA Graphics, NV, Eastman Kodak CompanyFiled In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-00211-KBF, 1:14-cv-00217-KBF, 1:14-cv-06849-KBF(Noss, Walter) (Entered: 11/04/2016)
SEALED DOCUMENT placed in vault.(rz) (Entered: 11/04/2016)
1097
Filed: 11/4/2016, Entered: None
Unknown Document Type
SEALED DOCUMENT placed in vault.(mps) (Entered: 11/04/2016)
1096
Filed: 11/3/2016, Entered: None
Unknown Document Type
MEMORANDUM OF LAW in Support re: (363 in 1:14-cv-03116-KBF, 363 in 1:14-cv-03116-KBF) MOTION to Amend/Correct . MOTION to Alter Judgment Plaintiffs' Motion to Alter or Amend the Court's October 6, 2016 Judgment and for Leave to Amend. Memorandum of Law in Support of Plaintiffs' Motion to Alter or Amend the Court's October 6, 2016 Judgment and for Leave to Amend. Document filed by Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc.. (Attachments: # 1 Exhibit A - [Proposed] Sixth Amended Complaint [filed under seal], # 2 Certificate of Service)Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-03116-KBF(Coughlin, Patrick) (Entered: 11/03/2016)
MOTION to Amend/Correct ., MOTION to Alter Judgment Plaintiffs' Motion to Alter or Amend the Court's October 6, 2016 Judgment and for Leave to Amend. Document filed by Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc.. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-03116-KBF(Coughlin, Patrick) (Entered: 11/03/2016)
OPPOSITION BRIEF re: 1089 Redacted Document, 1086 Sealed Document . Document filed by Glencore Ltd., Goldman Sachs & CO., Goldman Sachs International, Henry Bath LLC, J. Aron & Co., JP Morgan Securities plc f/k/a JP Morgan Securities Ltd., MITSI Holdings LLC, Metro International Trade Services, L. L. C., Pacorini Metals USA, LLC.(Pepperman, Richard) (Entered: 10/26/2016)
MEMO ENDORSEMENT on re: 1091 Letter re: Request For Withdrawal of Appearance, filed by Glencore Ltd. ENDORSEMENT: So ordered. (Attorney Chelsea Rebekah McLean terminated.) (Signed by Judge Katherine B. Forrest on 10/26/2016) (cla) (Entered: 10/26/2016)
LETTER addressed to Judge Katherine B. Forrest from Chelsea McLean dated October 25, 2016 re: Request For Withdrawal of Appearance. Document filed by Glencore Ltd..(McLean, Chelsea) (Entered: 10/25/2016)
REDACTION DECLARATION OF WALTER W. NOSS IN SUPPORT OF INDIVIDUAL PLAINTIFFS AGFA CORPORATIONS AND AGFA GRAPHICS N.V.S, MAG INSTRUMENT, INC.S, EASTMAN KODAK COMPANYS, AND FUJIFILM MANUFACTURING USA, INC.S MEMORANDUM PURSUANT TO THE COURTS MEMO ENDORSEMENT OF OCTOBER 13, 2016 by Mag Instrument Inc, AGFA Corporation, AGFA Graphics, NV, Eastman Kodak Company (Attachments: # 1 Exhibit 1-23 Under Seal)Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-00211-KBF, 1:14-cv-00217-KBF, 1:14-cv-06849-KBF(Noss, Walter) (Entered: 10/24/2016)
ORDER: 1. The following cases shall be re-opened for the purpose of considering any such additional arguments: Agfa Corporation and Agfa Graphics, N.V. v. The Goldman Sachs Group, Inc., et al., Case No. 14-cv-211; Mag Instrument Inc. v. The Goldman Sachs Group, Inc. et al., Case No. 14-cv-217; Eastman Kodak Company v. The Goldman Sachs Group, Inc. et al., Case No. 14-cv-6849; FUJIFILM Manufacturing U.S.A., Inc. v. Goldman Sachs & Co. et al., 15-cv-8307, Reynolds Consumer Products LLC and Southwire Company, LLC v. Glencore AG et al., Case No. 16-cv-5955. All other matters relating to these cases remain stayed. 2. The parties shall continue to brief the motions for reconsideration according to the previously ordered schedule. (Case No. 13-md-2481, ECF No. 1087; Case No. 16-cv-5955, ECF No. 71.) 3. Oral argument on the motions to reconsider shall be held on Thursday, November 10, 2016 at 9:00 a.m. This order should not be construed in any way as constituting or reflecting the Court's view regarding the Individual Plaintiffs or Reynolds and Southwire's ability to distinguish their claims from the dismissed claims of the First Level Purchasers. The Clerk of Court is directed to re-open the actions at Case Nos. 14-cv-211, 14-cv-217, 14-cv-6849, 15-cv-8307 and 16-cv-5955. (Oral Argument set for 11/10/2016 at 09:00 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 10/24/2016) Filed In Associated Cases: 1:13-md-02481-KBF et al.(cla) (Entered: 10/24/2016)
MEMO ENDORSEMENT on re: (113 in 1:14-cv-06849-KBF) Letter, filed by Metro International Trade Services L.L.C., The Goldman Sachs Group Inc, (1085 in 1:13-md-02481-KBF) Letter, filed by Goldman Sachs & CO., Metro International Trade Services, L. L. C. ENDORSEMENT: Fine. Plaintiffs in each case would have until 11/3/16 to reply, at which time the matter shall be fully briefed. (Signed by Judge Katherine B. Forrest on 10/21/2016) Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-00211-KBF, 1:14-cv-00217-KBF, 1:14-cv-06849-KBF(tro) (Entered: 10/21/2016)
LETTER addressed to Judge Katherine B. Forrest from Richard C. Pepperman, II dated October 21, 2016 re: Defendants' Joint Response to Individual Plaintiffs' Motion for Reconsideration. Document filed by Goldman Sachs & CO., Metro International Trade Services, L. L. C..(Pepperman, Richard) (Entered: 10/21/2016)
MEMO ENDORSEMENT on re: (1082 in 1:13-md-02481-KBF) Letter re: 10/5/2016 Order, filed by AGFA Corporation, Eastman Kodak Company, Mag Instrument Inc, AGFA Graphics, NV. ENDORSEMENT: Ordered: Counsel for the IP's may put in a brief within one week setting forth any additional reasons why they believe this case should not be dismissed. I can't imagine any. I will then issue an order and appeals can be consolidated. (Signed by Judge Katherine B. Forrest on 10/13/2016) Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-00211-KBF, 1:14-cv-00217-KBF, 1:14-cv-06849-KBF(cla) (Entered: 10/13/2016)
LETTER addressed to Judge Katherine B. Forrest from Walter W. Noss dated 10/10/2016 re: 10/5/2016 Order. Document filed by AGFA Corporation, AGFA Graphics, NV, Eastman Kodak Company, Mag Instrument Inc.(Noss, Walter) (Entered: 10/10/2016)
CLERK'S JUDGMENT: That for the reasons stated in the Court's Opinion and Order dated October 5, 2016, defendants' motion to dismiss the TAC is granted and the following cases: 13-md-2481, 14-cv-0211, 14-cv-0217, 14-cv-3116, 14-cv-6849, 15-cv8307 and 16cv5955 are closed. (Signed by Clerk of Court Ruby Krajick on 10/06/2016) (Attachments: # 1 Notice of Right to Appeal, # 2 Notice of Right to Appeal)Filed In Associated Cases: 1:13-md-02481-KBF et al.(dt) (Main Document 1081 replaced on 10/6/2016) (dt). (Entered: 10/06/2016)
OPINION & ORDER re: (1049 in 1:13-md-02481-KBF) JOINT MOTION for Judgment on the Pleadings filed by Goldman Sachs & CO., MITSI Holdings LLC, Metro International Trade Services, L. L. C., Goldman Sachs International, J. Aron & Co. For the reasons set forth above, the Court GRANTS defendants' motion to dismiss the TAC. The Clerk of Court is directed to close the motion at ECF No. 1049 and to terminate the following actions: 13-md-2481, 14-cv-0211, 14-cv-0217, 14-cv-3116, 14-cv-6849, 15-cv-8307 and 16-cv-5955. (Signed by Judge Katherine B. Forrest on 10/5/2016) Filed In Associated Cases: 1:13-md-02481-KBF et al. MDL Clerk notified.(cla) (Entered: 10/05/2016)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent China Metals Storage Transportation Development Co. for Henry Bath LLC, Henry Bath LLC, Henry Bath LLC, Henry Bath LLC, Henry Bath LLC, Henry Bath LLC, Henry Bath LLC. Document filed by Henry Bath LLC.Filed In Associated Cases: 1:13-md-02481-KBF et al.(Haller, David) (Entered: 09/16/2016)
MANDATE of USCA (Certified Copy) as to (591 in 1:13-md-02481-KBF, 134 in 1:14-cv-03121-KBF) Notice of Appeal,,, filed by Lexington Homes, Inc., Big River Outfitters, LLC, Quicksilver Welding Services, Inc., D-Tek Manufacturing, Seating Constructors USA, Inc., F&F Custom Boats, LLC, Team Ward Inc., MASTER SCREENS INC, Welk-Ko Fabricators, Inc., (590 in 1:13-md-02481-KBF, 99 in 1:14-cv-03122-KBF) Notice of Appeal,, filed by Daniel Javorsky, Brick Pizzeria LLC, David J. Kohlenberg. USCA Case Number 14-3574(L), 14-3581(Con). Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 09/15/2016. Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-03121-KBF, 1:14-cv-03122-KBF(nd) (Entered: 09/16/2016)
1077
Filed: 9/13/2016, Entered: None
Unknown Document Type
SEALED DOCUMENT placed in vault.(mps) (Entered: 09/13/2016)
RESPONSE in Opposition to Motion re: (1049 in 1:13-md-02481-KBF) JOINT MOTION for Judgment on the Pleadings . First Level Purchaser Plaintiffs' Sur-Reply Memorandum in Response to Defendants' Reply in Support of Their Motion for Judgment on the Pleadings, or in the Alternative, Summary Judgment. Document filed by Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc.. (Attachments: # 1 Exhibit 1 - Expert Declaration of J. Douglas Zona, Ph.D. [redacted], # 2 Certificate of Service)Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-03116-KBF(Coughlin, Patrick) (Entered: 09/13/2016)
ORDER granting (1072) Motion for Leave to File Document in case 1:13-md-02481-KBF; granting (355) Motion for Leave to File Document in case 1:14-cv-03116-KBF. The Court has received the first level purchaser plaintiffs' motion for leave to file a sur-reply in response to defendants' reply memorandum in support of their motion for judgment on the pleadings. (ECF No. 1072.) The application is GRANTED so long as the sur-reply is filed not later than Friday, September 16, 2016 at 5:00 p.m. E.D.T. The Court would prefer that the sur-reply be less than 10 pages. (Signed by Judge Katherine B. Forrest on 9/12/2016) Filed In Associated Cases: 1:13-md-02481-KBF et al. (lmb) (Entered: 09/13/2016)
NOTICE of First Level Purchaser Plaintiffs' Notice of Motion for Leave to File Sur-Reply re: (355 in 1:14-cv-03116-KBF) MOTION for Leave to File Sur-Reply First Level Purchaser Plaintiffs' Motion and Memorandum of Law for Leave to File Sur-Reply.. Document filed by Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc.. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-03116-KBF(Coughlin, Patrick) (Entered: 09/09/2016)
MOTION for Leave to File Sur-Reply First Level Purchaser Plaintiffs' Motion and Memorandum of Law for Leave to File Sur-Reply. Document filed by Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc.. (Attachments: # 1 Exhibit 1 - Expert Declaration of J. Douglas Zona, Ph.D. [redacted], # 2 Certificate of Service)Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-03116-KBF(Coughlin, Patrick) (Entered: 09/09/2016)
CERTIFICATE OF SERVICE of Sealed Exhibits to Declaration of Henry Liu served on All Counsel on September 7, 2016. Document filed by Henry Bath LLC, JP Morgan Securities plc f/k/a JP Morgan Securities Ltd.. (Liu, Henry) (Entered: 09/07/2016)
CERTIFICATE OF SERVICE of Sealed Exhibits to Declaration of Henry Liu served on All Counsel on September 7, 2016. Document filed by Henry Bath LLC, JP Morgan Securities plc f/k/a JP Morgan Securities Ltd.. (Wick, Robert) (Entered: 09/07/2016)
RESPONSE to Plaintiffs' Statement of Undisputed Facts. Document filed by Henry Bath LLC, JP Morgan Securities plc f/k/a JP Morgan Securities Ltd.. (Wick, Robert) (Entered: 09/07/2016)
REPLY MEMORANDUM OF LAW in Support re: 1049 JOINT MOTION for Judgment on the Pleadings . . Document filed by Henry Bath LLC, JP Morgan Securities plc f/k/a JP Morgan Securities Ltd.. (Wick, Robert) (Entered: 09/07/2016)
ORDER granting (1063) Letter Motion for Leave to File Excess Pages in Further Support of Defendants' Motion for Judgment on the Pleadings in case 1:13-md-02481-KBF. SO ORDERED. (Signed by Judge Katherine B. Forrest on 9/2/2016) Filed In Associated Cases: 1:13-md-02481-KBF et al., per Chambers. (kko) (Entered: 09/06/2016)
NOTICE OF APPEARANCE by Hugh Daniel Sandler on behalf of Ampal Inc., Custom Aluminum Products Inc., Extruded Aluminum Inc., International Extrusions Inc., Superior Extrusion Inc. Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-03116-KBF(Sandler, Hugh) (Entered: 09/05/2016)
LETTER MOTION for Leave to File Excess Pages in Further Support of Defendants' Motion for Judgment on the Pleadings addressed to Judge Katherine B. Forrest from Robert D. Wick dated September 2, 2016. Document filed by Henry Bath LLC, JP Morgan Securities plc f/k/a JP Morgan Securities Ltd..(Wick, Robert) (Entered: 09/02/2016)
ORDER: The Court is in receipt of defendants' motion for judgment on the pleadings pursuant to Rule 12(c) (the "Motion") (ECF No. 1049) and plaintiffs' opposition thereto (ECF No. 1059). The Court believes that the Motion can be resolved under Rule 12(c), but notes that plaintiffs have cited to the evidentiary record in their opposition (see ECF No. 1059) and have submitted a statement of undisputed facts (ECF No. 1059-1). The Court hereby gives notice that the Motion is converted pursuant to Rule 12(d) to one for summary judgment. To the extent plaintiffs would like to present any additional evidence pertinent to the Motion, they must do so immediately (the Court assumes that, based on the recent filing, plaintiffs have already included that which they deemed appropriate). Defendants, of course, may do the same in their forthcoming reply brief, the schedule for which is adjusted as follows: In light of this order, the Court hereby extends the deadline for defendants to submit their reply brief in support of the Motion to Wednesday, September 7, 2016., ( Replies due by 9/7/2016.) (Signed by Judge Katherine B. Forrest on 8/30/2016) Filed In Associated Cases: 1:13-md-02481-KBF et al.(lmb) (Entered: 08/30/2016)
1061
Filed: 8/28/2016, Entered: None
Unknown Document Type
SEALED DOCUMENT placed in vault.(mps) (Entered: 08/29/2016)
DECLARATION of Steven M. Jodlowski in Opposition re: (342 in 1:14-cv-03116-KBF) JOINT MOTION for Judgment on the Pleadings .. Document filed by Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc.. (Attachments: # 1 Exhibit 1-55 [Redacted] to Jodlowski Declaration, # 2 Certificate of Service)Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-03116-KBF(Jodlowski, Steven) (Entered: 08/28/2016)
MEMORANDUM OF LAW in Opposition re: (342 in 1:14-cv-03116-KBF) JOINT MOTION for Judgment on the Pleadings . [First Level Purchaser Plaintiffs' Memorandum in Opposition to Defendants' Motion for Judgment on the Pleadings]. Document filed by Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc.. (Attachments: # 1 First Level Purchaser Plaintiffs' Statement of Undisputed Facts, # 2 Certificate of Service)Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-03116-KBF(Coughlin, Patrick) (Entered: 08/28/2016)
LETTER addressed to Judge Katherine B. Forrest from Carmen A. Medici dated August 25, 2016 re: Under seal filing. Document filed by Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc.. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-03116-KBF(Medici, Carmen) (Entered: 08/25/2016)
1057
Filed: 8/18/2016, Entered: None
Unknown Document Type
SEALED DOCUMENT placed in vault.(rz) (Entered: 08/19/2016)
1056
Filed: 8/19/2016, Entered: None
Unknown Document Type
ORDER: On August 18, 2016, the Court ordered expedited briefing on defendants' Rule 12(c) motion. (ECF No. 1052.) The Court is in receipt of the First Level Purchasers' (the "FLPs") August 18, 2016 letter motion for reconsideration, which has been filed under seal (ECF No. 1053), as well as defendants' August 19, 2016 response thereto (ECF No. 1054). The Court declines to reconsider the expedition of briefing. These issues have been well briefed in the past and all that the FLPs need submit is a short piece arguing the effect of the Second Circuit's ruling. That can be done in a few days. We need to resolve this issue one way or the other to move on. Standing is a fundamental question and the defendants' Rule 12(c) motion is by no means frivolous. (Signed by Judge Katherine B. Forrest on 8/19/2016) Filed In Associated Cases: 1:13-md-02481-KBF et al.(lmb) Modified on 8/19/2016 (lmb). (Entered: 08/19/2016)
1055
Filed: 8/19/2016, Entered: None
Unknown Document Type
ORDER administratively terminating (917) Motion to Certify Class in case 1:13-md-02481-KBF. The Court hereby adjourns the remaining class certification briefing and argument schedule (see ECF No. 990). The Court intends to resolve the Rule 12(c) motion (ECF No. 1049) immediately following full briefing. The Clerk of Court is directed to administratively terminate plaintiffs' motion for class certification at ECF No. 917. (Signed by Judge Katherine B. Forrest on 8/19/2016) Filed In Associated Cases: 1:13-md-02481-KBF et al. (lmb) Modified on 8/19/2016 (lmb). (Entered: 08/19/2016)
LETTER addressed to Judge Katherine B. Forrest from Robert D. Wick dated August 19, 2016 re: Response to FLP's Letter of August 18, 2016. Document filed by Henry Bath LLC, JP Morgan Securities plc f/k/a JP Morgan Securities Ltd..(Wick, Robert) (Entered: 08/19/2016)
LETTER addressed to Judge Katherine B. Forrest from Patrick J. Coughlin dated August 18, 2016 re: Response to the Court's August 18, 2016 Order ECF No. 1052. Document filed by Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc.. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-03116-KBF(Coughlin, Patrick) (Entered: 08/18/2016)
ORDER: The Court has received defendants' memorandum in support of its motion for judgment on the pleadings pursuant to Rule 12(c) and request for expedited briefing (ECF Nos. 1049 and 1050). The Court GRANTS the defendants' request for expedited briefing. The parties shall brief the remainder of this motion on the following schedule: 1. Plaintiffs' opposition due no later than August 28, 2016. 2. Defendants' reply due no later than August 31, 2016. The Court will issue a separate order addressing class certification and the pending motion to disqualify (ECF No. 1037). Set Deadlines/Hearing as to (1049 in 1:13-md-02481-KBF) JOINT MOTION for Judgment on the Pleadings: (Responses due by 8/28/2016, Replies due by 8/31/2016.) (Signed by Judge Katherine B. Forrest on 8/18/2016) Filed In Associated Cases: 1:13-md-02481-KBF et al, per Chambers.(kko) Modified on 8/18/2016 (kko). (Entered: 08/18/2016)
LETTER addressed to Judge Katherine B. Forrest from Carmen A. Medici dated August 17, 2016 re: Response to Southwire and Reynolds' letter [Dkt No. 1048]. Document filed by Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc.. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-03116-KBF(Medici, Carmen) (Entered: 08/17/2016)
MEMORANDUM OF LAW in Support re: 1049 JOINT MOTION for Judgment on the Pleadings . . Document filed by Goldman Sachs & CO., Goldman Sachs International, J. Aron & Co., MITSI Holdings LLC, Metro International Trade Services, L. L. C.. (Attachments: # 1 Exhibit Exhibit 1)(Blecher, Jennifer) (Entered: 08/17/2016)
JOINT MOTION for Judgment on the Pleadings . Document filed by Goldman Sachs & CO., Goldman Sachs International, J. Aron & Co., MITSI Holdings LLC, Metro International Trade Services, L. L. C..(Blecher, Jennifer) (Entered: 08/17/2016)
LETTER addressed to Judge Katherine B. Forrest from Robert J. Palmersheim dated August 16, 2016 re: Plaintiffs' Response to Defendants' August 8, 2016 Letter. Document filed by Reynolds Consumer Products LLC, Southwire Company, LLC.(Palmersheim, Robert) (Entered: 08/16/2016)
LETTER addressed to Judge Katherine B. Forrest from Patrick J. Coughlin dated August 10, 2016 re: Response to Defendants' Letter (ECF No. 1045). Document filed by Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc.. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-03116-KBF(Coughlin, Patrick) (Entered: 08/10/2016)
MEMO ENDORSEMENT on re: (339 in 1:14-cv-03116-KBF, 1045 in 1:13-md-02481-KBF) Letter, filed by Goldman Sachs & CO., MITSI Holdings LLC, Metro International Trade Services, L. L. C., Goldman Sachs International, J. Aron & Co. ENDORSEMENT: I expected this letter. I will not adjourn the schedule -- and class cert. shall proceed as scheduled -- but file your motion as soon as practicable. If the motion suggests more strongly that the Court should adjourn dates, I will consider doing so (and would likely need to see plaintiffs' opposition and assess its strength). (Signed by Judge Katherine B. Forrest on 8/10/2016) Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-03116-KBF(lmb) (Entered: 08/10/2016)
JOINT LETTER addressed to Judge Katherine B. Forrest from Richard C. Pepperman II dated August 10, 2016 re: August 9, 2016 Second Circuit Opinion. Document filed by Goldman Sachs & CO., Goldman Sachs International, J. Aron & Co., MITSI Holdings LLC, Metro International Trade Services, L. L. C.. (Attachments: # 1 Exhibit Aug. 9, 2016 Second Circuit Opinion)Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-03116-KBF(Pepperman, Richard) (Entered: 08/10/2016)
LETTER addressed to Judge Katherine B. Forrest from David W. Haller dated August 8, 2016 re: Integration of Reynolds/Southwire Action with Existing Cases. Document filed by Henry Bath LLC, JP Morgan Securities plc f/k/a JP Morgan Securities Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Haller, David) (Entered: 08/08/2016)
STATUS REPORT. re Proposal for Syncing Action With MDL Document filed by Reynolds Consumer Products LLC, Southwire Company, LLC.(Palmersheim, Robert) (Entered: 08/08/2016)
REPLY MEMORANDUM OF LAW in Support re: (917 in 1:13-md-02481-KBF) MOTION to Certify Class . [Redacted]. Document filed by Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc.. Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-03116-KBF(Coughlin, Patrick) (Entered: 08/05/2016)
DECLARATION of Carmen A. Medici in Support re: (334 in 1:14-cv-03116-KBF) MOTION to Disqualify [First Level Purchaser Plaintiffs Ampal, Inc., Custom Aluminum Products, Inc., Claridge Products and Equipment, Inc., and Extruded Aluminum Corporation's Notice of Motion to Exclude the Declaration of David P. Kaplan]. Document filed by Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc.. (Attachments: # 1 Exhibit A-D (Redacted), # 2 Certificate of Service)Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-03116-KBF(Medici, Carmen) (Entered: 08/05/2016)
MEMORANDUM OF LAW in Support re: (334 in 1:14-cv-03116-KBF) MOTION to Disqualify [First Level Purchaser Plaintiffs Ampal, Inc., Custom Aluminum Products, Inc., Claridge Products and Equipment, Inc., and Extruded Aluminum Corporation's Notice of Motion to Exclude the Declaration of David P. Kaplan] . Document filed by Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc.. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-03116-KBF(Coughlin, Patrick) (Entered: 08/05/2016)
MOTION to Disqualify [First Level Purchaser Plaintiffs Ampal, Inc., Custom Aluminum Products, Inc., Claridge Products and Equipment, Inc., and Extruded Aluminum Corporation's Notice of Motion to Exclude the Declaration of David P. Kaplan]. Document filed by Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc.. Return Date set for 9/8/2016 at 09:00 AM. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-03116-KBF(Coughlin, Patrick) (Entered: 08/05/2016)
NOTICE OF CHANGE OF ADDRESS by Sylvia Sokol on behalf of AGFA Corporation, AGFA Graphics, NV, Eastman Kodak Company, Mag Instrument Inc. New Address: Scott+Scott, Attorneys at Law, LLP, 230 Park Avenue, 17th Floor, New York, NY, USA 10169, 212-223-6444. (Sokol, Sylvia) (Entered: 08/01/2016)
NOTICE OF CHANGE OF ADDRESS by Max Raphael Schwartz on behalf of AGFA Corporation, AGFA Graphics, NV, Eastman Kodak Company, Mag Instrument Inc. New Address: Scott+Scott, Attorneys at Law, LLP, 230 Park Avenue, 17th Floor, New York, NY, USA 10169, 212-223-6444. (Schwartz, Max) (Entered: 08/01/2016)
NOTICE OF CHANGE OF ADDRESS by Thomas Kay Boardman on behalf of AGFA Corporation, AGFA Graphics, NV, Eastman Kodak Company, Mag Instrument Inc. New Address: Scott+Scott, Attorneys at Law, LLP, 230 Park Avenue, 17th Floor, New York, New York, USA 10169, 212-223-6444. (Boardman, Thomas) (Entered: 08/01/2016)
MEMO ENDORSEMENT on re: 1029 Letter request to treat as moot, the Court's July 14, 2016 Order (ECF No. 1025), filed by AGFA Corporation, Eastman Kodak Company, Mag Instrument Inc, AGFA Graphics, NV. ENDORSEMENT: So ordered. (Signed by Judge Katherine B. Forrest on 7/19/2016) (tro) (Entered: 07/19/2016)
MEMO ENDORSEMENT on re: 1026 Letter request for withdrawal of counsel, filed by Glencore Ltd. ENDORSEMENT: So ordered. Attorney Michael Andrew Mix terminated. (Signed by Judge Katherine B. Forrest on 7/19/2016) (tro) (Entered: 07/19/2016)
JOINT LETTER addressed to Judge Katherine B. Forrest from Walter W. Noss and Eliot Lauer dated 7/15/2016 re: Withdrawal of motions to compel. Document filed by AGFA Corporation, AGFA Graphics, NV, Eastman Kodak Company, Mag Instrument Inc.(Noss, Walter) (Entered: 07/15/2016)
NOTICE of of Withdrawal of Letter-Motion To Compel re: 1021 LETTER MOTION to Compel Individual Plaintiffs to To Produce Certain Documents Identified On Their Privilege Logs addressed to Judge Katherine B. Forrest from A. Robert Dawes dated July 12, 2016.. Document filed by Glencore Ltd.. (Lauer, Eliot) (Entered: 07/15/2016)
NOTICE of Withdrawal of Letter Motion to Compel. Document filed by AGFA Corporation, AGFA Graphics, NV, Eastman Kodak Company, Mag Instrument Inc. (Noss, Walter) (Entered: 07/15/2016)
LETTER addressed to Judge Katherine B. Forrest from Michael Mix dated July 15, 2016 re: Request For Withdrawal of Appearance. Document filed by Glencore Ltd..(Mix, Michael) (Entered: 07/15/2016)
Treated as moot, as per Judge's Order dated 7/19/2016, Doc. #1032 ORDER: The Court is in receipt of Glencore Ltd.'s July 12, 2016 letter motion compelling the individual plaintiffs ("IPs") to produce certain documents on their privilege logs. (ECF No. 1021.) In its letter, Glencore Ltd. asserts that the IPs have "refuse[d] to meet and confer regarding their privilege logs, applying standards and time limitations that the IPs themselves have flagrantly violated," and that the IPs own July 12, 2016 letter motion (ECF No. 1020) raises an issue regarding communications with foreign attorneys that the IPs had not raised before bringing their prior motion to compel (see ECF No. 996). Accordingly, the IPs are hereby Ordered to answer the following questions by filling in the blanks provided below, not later than July 15, 2016 at 5:00 p.m. as further set forth in this order. (Signed by Judge Katherine B. Forrest on 7/14/2016) (lmb) Modified on 7/19/2016 (tro). (Entered: 07/14/2016)
ORDER: Having reviewed the defendants' opposition to plaintiffs' motion for class certification (ECF No. 917), the Court would like to hear live testimony from Professor Hausman and Dr. Gilbert at the class certification hearing scheduled for September 8, 2016. The parties should set aside the entire day for the evidentiary portion of the proceeding as well as oral argument. Accordingly, the hearing is hereby rescheduled to commence at 9:00 a.m. on September 8, 2016. The format shall be as follows: 1. Each side shall have one hour for direct examination with its expert; the opponent shall have one hour for cross-examination. The Court may use some of either party's time for its own questions. a. Plaintiffs' expert shall go first. 2. The remainder of time shall be reserved for oral argument, to be divided evenly between each side., ( Hearing set for 9/8/2016 at 09:00 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 7/14/2016) (lmb) (Entered: 07/14/2016)
LETTER MOTION to Compel Individual Plaintiffs to To Produce Certain Documents Identified On Their Privilege Logs addressed to Judge Katherine B. Forrest from A. Robert Dawes dated July 12, 2016. Document filed by Glencore Ltd.. (Attachments: # 1 Exhibit -A, # 2 Exhibit -B, # 3 Exhibit -C, # 4 Exhibit -D, # 5 Exhibit -E, # 6 Exhibit -F)(Dawes, Andrew) (Entered: 07/12/2016)
LETTER MOTION to Compel Glencore Ltd. to produce documents addressed to Judge Katherine B. Forrest from Jill M. Manning dated July 12, 2016. Document filed by AGFA Corporation, AGFA Graphics, NV, Eastman Kodak Company, Mag Instrument Inc. (Attachments: # 1 Exhibit A - Filed Under Seal, # 2 Exhibit B)(Manning, Jill) (Entered: 07/12/2016)
LETTER addressed to Judge Katherine B. Forrest from Arthur L. Shingler III dated July 12, 2016 re: Response to Glencore Ltd's 7/11/2016 Letter. Document filed by Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc.. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-00211-KBF, 1:14-cv-00217-KBF, 1:14-cv-03116-KBF, 1:14-cv-06849-KBF(Shingler, Arthur) (Entered: 07/12/2016)
LETTER addressed to Judge Katherine B. Forrest from A. Robert Dawes dated July 11, 2016 re: Response To Plaintiffs' Letter Requesting Extension of Meet and Confer Period Set Out In Court's June 28, 2016 Order. Document filed by Glencore Ltd..(Dawes, Andrew) (Entered: 07/11/2016)
LETTER addressed to Judge Katherine B. Forrest from Jill M. Manning dated July 11, 2016 re: June 28, 2016 Order (Dkt. 1011). Document filed by AGFA Corporation, AGFA Graphics, NV, Eastman Kodak Company, Mag Instrument Inc.(Manning, Jill) (Entered: 07/11/2016)
ORDER FOR ADMISSION PRO HAC VICE granting [117 in 15cv8307] Motion for Stephanie A. Hackett to Appear Pro Hac Vice. (Signed by Judge Katherine B. Forrest on 7/11/2016) (lmb) (Entered: 07/11/2016)
MEMORANDUM OF LAW in Opposition re: 917 MOTION to Certify Class . . Document filed by Glencore Ltd., Goldman Sachs & CO., Goldman Sachs International, Henry Bath LLC, J. Aron & Co., JP Morgan Securities plc f/k/a JP Morgan Securities Ltd., MITSI Holdings LLC, Metro International Trade Services, L. L. C., Pacorini Metals USA, LLC. (Wick, Robert) (Entered: 07/08/2016)
CERTIFICATE OF SERVICE of Opposition to First Level Purchaser Plaintiffs' Motion for Class Certification served on All Counsel of Record on July 8, 2016. Document filed by Henry Bath LLC, JP Morgan Securities plc f/k/a JP Morgan Securities Ltd.. (Liu, Henry) (Entered: 07/08/2016)
ORDER denying 996 Letter Motion to Compel: For the foregoing reasons, plaintiffs' letter motion is DENIED with leave to renew. The Clerk of Court is directed to terminate the motion at ECF No. 996. (Signed by Judge Katherine B. Forrest on 6/28/2016) ***As per chambers, filed in 13md2481 only. (tn) (Entered: 06/28/2016)
LETTER REPLY to Response to Motion addressed to Judge Katherine B. Forrest from Jill M. Manning dated June 27, 2016 re: 996 LETTER MOTION to Compel Glencore Ltd. to to produce documents addressed to Judge Katherine B. Forrest from Jill M. Manning dated June 16, 2016. . Document filed by AGFA Corporation, AGFA Graphics, NV, Eastman Kodak Company, Mag Instrument Inc. (Manning, Jill) (Entered: 06/27/2016)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/9/16 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...(McGuirk, Kelly) (Entered: 06/27/2016)
TRANSCRIPT of Proceedings re: CONFERENCE held on 6/9/2016 before Judge Katherine B. Forrest. 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 7/21/2016. Redacted Transcript Deadline set for 8/1/2016. Release of Transcript Restriction set for 9/29/2016.(McGuirk, Kelly) (Entered: 06/27/2016)
LETTER RESPONSE to Motion addressed to Judge Katherine B. Forrest from A. Robert Dawes dated June 23, 2016 re: 996 LETTER MOTION to Compel Glencore Ltd. to to produce documents addressed to Judge Katherine B. Forrest from Jill M. Manning dated June 16, 2016. . Document filed by Glencore Ltd.. (Attachments: # 1 Exhibit -A, # 2 Exhibit -B, # 3 Exhibit -C, # 4 Exhibit -D)(Dawes, Andrew) (Entered: 06/23/2016)
ORDER granting 1005 Letter Motion for Leave to File Excess Pages. So ordered. (Signed by Judge Katherine B. Forrest on 6/23/2016) (lmb) (Entered: 06/23/2016)
LETTER MOTION for Leave to File Excess Pages in response to the FLPs motion for class certification addressed to Judge Katherine B. Forrest from Robert D. Wick dated June 22, 2016. Document filed by Henry Bath LLC, JP Morgan Securities plc f/k/a JP Morgan Securities Ltd..(Wick, Robert) (Entered: 06/22/2016)
MEMO ENDORSEMENT on 1001 denying 991 Motion to Compel; denying 995 Motion to Compel. ENDORSEMENT: 1. Motion to compel Evans's text messages by way of motion directed at Goldman is denied. (ECF Nos. 991, 995.) 2. First, there is no basis to suggest that Goldman has possession, custody or control over Evans's personal telephone and the record indicates that the Blackberry device over which it has control did not have the capability enabled. (Representing someone at a deposition does not mean a firm obtains possession, custody and control of all documents and personal devices.) 3. Second, the motion in all events came too late. Goldman's document response (at Ex. A to defendant's opp., and Ex. E of plaintiffs') was served in March 2014 and clearly objects to a general collection of text messages (in the future, this should include not only cost/burden but also possession, custody and control.) That some text messages were produced did not waive this objection as such production was done with an express statement of no waiver. 4. The Court reviewed the statements of Evans at his deposition and he said he texted only rarely for work and there is no indication any relevant texts exist. There is an insufficient need or basis to reopen document discovery. (Signed by Judge Katherine B. Forrest on 6/20/2016) (lmb) (Entered: 06/20/2016)
MEMO ENDORSEMENT on 1000 LETTER RESPONSE denying as moot 992 Motion to Compel. ENDORSEMENT: Based on the representation herein that Defendants have already produced or agree to produce the information plaintiffs now request, plaintiffs' motion is denied as moot (with leave to renew to the extent plaintiffs' disagree with the representation -- following a meet and confer). (Signed by Judge Katherine B. Forrest on 6/20/2016) (lmb) (Entered: 06/20/2016)
LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine B. Forrest from Richard C. Pepperman II dated 06/17/2016 re: 995 MOTION to Compel Goldman Defendants to Produce Text Messages . . Document filed by Goldman Sachs & CO., Goldman Sachs International, J. Aron & Co.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Pepperman, Richard) (Entered: 06/17/2016)
LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine B. Forrest from Suhana S. Han dated 06/17/2016 re: 992 MOTION to Compel Goldman Defendants to Produce . . Document filed by Goldman Sachs & CO., Goldman Sachs International, J. Aron & Co.. (Pepperman, Richard) (Entered: 06/17/2016)
ORDER: The Court is in receipt of plaintiffs' June 14, 2016 letter motion to compel the Goldman Sachs defendants to search for and produce text messages. (ECF No. 991.) The Court hereby accepts plaintiffs' over-sized letter for filing. Defendants' response is due not later than June 17, 2016. ( Responses due by 6/17/2016) (Signed by Judge Katherine B. Forrest on 6/16/2016) Filed In Associated Cases: 1:13-md-02481-KBF et al.(mro) Modified on 6/20/2016 (mro). (Entered: 06/17/2016)
LETTER addressed to Judge Katherine B. Forrest from Jill M. Manning dated June 16, 2016 re: Courtesy copies of documents filed today. Document filed by AGFA Corporation, AGFA Graphics, NV, Eastman Kodak Company, Mag Instrument Inc.(Manning, Jill) (Entered: 06/16/2016)
LETTER MOTION to Compel Glencore Ltd. to to produce documents addressed to Judge Katherine B. Forrest from Jill M. Manning dated June 16, 2016. Document filed by AGFA Corporation, AGFA Graphics, NV, Eastman Kodak Company, Mag Instrument Inc. (Attachments: # 1 Exhibit A - filed under seal, # 2 Exhibit B, # 3 Exhibit C - filed under seal, # 4 Exhibit D - filed under seal, # 5 Exhibit E - filed under seal, # 6 Exhibit F - filed under seal)(Manning, Jill) (Entered: 06/16/2016)
JOINT SCHEDULING ORDER granting (988) Letter Motion for Extension of Time in case 1:13-md-02481-KBF; granting (168) Letter Motion for Extension of Time in case 1:14-cv-00211-KBF; granting (186) Letter Motion for Extension of Time in case 1:14-cv-00217-KBF; granting (330) Letter Motion for Extension of Time in case 1:14-cv-03116-KBF; granting (98) Letter Motion for Extension of Time in case 1:14-cv-06849-KBF. 1. Fact discovery, except to the extent stated below, closed on May 13, 2016. (a) Each side may conduct up to and including 10 depositions of their choice (inclusive of any third-party depositions) not later than June 13, 2016. 2. Opposition briefs on plaintiffs' motion for class certification (ECF No. 932) shall be due not later than July 8, 2016. (a) Reply briefs shall be due not later than August 5, 2016. (b) Oral argument shall be heard on September 8, 2016 at 2:00 p.m. Court expects to rule on class cert. by mid-October 2016. 3. Expert discovery shall close on March 17, 2017. (a) Plaintiffs' expert reports shall be produced not later than November 4, 2016. (b) Defendants' expert reports shall be produced not later than February 1, 2017. (c) Plaintiffs' reply expert reports shall be produced not later than March 3, 2017. (d) Expert depositions shall be completed by March 17, 2017. 4. Motions for summary judgment shall be due not later than March 21, 2017. (a) Oppositions shall be due not later than April 26, 2017. (b) Replies shall be due not later than May 24, 2017. 5. Trial shall commence on July 10, 2017. (a) The Final Pretrial Conference ("FPTC") is set for June 29, 2017 at 2:00 p.m. (b) Motions in limine are due on May 31, 2017; oppositions are due June 16, 2017. (c) Daubert motions are due on May 31, 2017; oppositions are due June 16, 2017 (no replies). (d) Pretrial materials, including the Joint Pretrial Order, are due not later than July 3, 2017. Deposition due by 3/17/2017. Discovery due by 3/17/2017. Motions due by 5/31/2017. Pretrial Order due by 7/3/2017. Reply due by 5/24/2017. Responses due by 6/16/2017. (Signed by Judge Katherine B. Forrest on 6/13/2016) Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-00211-KBF, 1:14-cv-00217-KBF, 1:14-cv-03116-KBF, 1:14-cv-06849-KBF (lmb) (Entered: 06/13/2016)
JOINT LETTER MOTION for Extension of Time to modify existing case management schedule addressed to Judge Katherine B. Forrest from the Parties dated June 10, 2016. Document filed by Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc.. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-00211-KBF, 1:14-cv-00217-KBF, 1:14-cv-03116-KBF, 1:14-cv-06849-KBF(Medici, Carmen) (Entered: 06/10/2016)
NOTICE OF CHANGE OF ADDRESS by Bradley J. Demuth on behalf of Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc.. New Address: Nussbaum Law Group, P.C., 1211 Avenue of the Americas, FL 40, New York, NY, USA 10036, (917) 438-9102. (Demuth, Bradley) (Entered: 06/03/2016)
NOTICE OF CHANGE OF ADDRESS by Linda P. Nussbaum on behalf of Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc.. New Address: Nussbaum Law Group, P.C., 1211 Avenue of the Americas, 40th Floor, New York, New York, United States 10036-8718, (917) 438-9102. Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-03116-KBF(Nussbaum, Linda) (Entered: 06/02/2016)
ORDER granting [88 in case no. 15-cv-8307] Letter Motion for Extension of Time to File Motion To Dismiss Amended Complaint To June 23, 2016. So Ordered. (Signed by Judge Katherine B. Forrest on 6/2/2016) (rj) (Entered: 06/02/2016)
ORDER granting 978 Letter Motion for Extension of Time to File Response/Reply. The Court is in receipt of defendants' May 27, 2016 letter motion for a two-week extension of time to submit their opposition to plaintiffs' motion for class certification (ECF No. 978), as well as plaintiffs' May 31, 2016 letter response (ECF No. 983). Plaintiffs do not oppose the extension provided that they are given a reciprocal extension of time to file a reply. Defendants' motion is hereby GRANTED as set forth below. 1. Defendants' opposition to plaintiffs' motion for class certification is due not later July 8, 2016. 2. Plaintiffs' reply is due not later than August 5, 2016. 3. Oral argument in relation to plaintiffs' motion for class certification is hereby rescheduled to September 8, 2016 at 2:00 p.m. 4. In their May 31 letter, plaintiffs also request that the court schedule a telephonic conference to discuss the schedule for merits expert reports. A telephonic status conference is hereby scheduled for June 9, 2016 at 12:00 p.m. The parties shall call (212) 805-0139 on a single at that time. The Clerk of Court is directed to terminate the motion at ECF No. 978. Responses due by 7/8/2016. Replies due by 8/5/2016. (Signed by Judge Katherine B. Forrest on 6/1/2016) (lmb) (Entered: 06/01/2016)
LETTER RESPONSE to Motion addressed to Judge Katherine B. Forrest from Carmen A. Medici dated May 31, 2016 re: (978 in 1:13-md-02481-KBF) LETTER MOTION for Extension of Time to File Response/Reply as to (917) MOTION to Certify Class . addressed to Judge Katherine B. Forrest from Robert D. Wick dated May 27, 2016. . Document filed by Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-03116-KBF(Medici, Carmen) (Entered: 05/31/2016)
NOTICE OF APPEARANCE by Julia Pascuzzo on behalf of Glencore Ltd.. Filed In Associated Cases: 1:13-md-02481-KBF et al.(Pascuzzo, Julia) (Entered: 05/31/2016)
LETTER addressed to Judge Katherine B. Forrest from Robert D. Wick dated May 27, 2016 re: Enclosing Courtesy Copies of Defendants' Request for a Two-Week Extension of Time to Submit Defendants' Opposition to the First Level Purchasers' Motion for Class Certification. Document filed by Henry Bath LLC, JP Morgan Securities plc f/k/a JP Morgan Securities Ltd..(Wick, Robert) (Entered: 05/27/2016)
DECLARATION of Kate Lee in Support re: 978 LETTER MOTION for Extension of Time to File Response/Reply as to 917 MOTION to Certify Class . addressed to Judge Katherine B. Forrest from Robert D. Wick dated May 27, 2016.. Document filed by Henry Bath LLC, JP Morgan Securities plc f/k/a JP Morgan Securities Ltd.. (Wick, Robert) (Entered: 05/27/2016)
978
Filed: 5/27/2016, Entered: None
Unknown Document Type
LETTER MOTION for Extension of Time to File Response/Reply as to 917 MOTION to Certify Class . addressed to Judge Katherine B. Forrest from Robert D. Wick dated May 27, 2016. Document filed by Henry Bath LLC, JP Morgan Securities plc f/k/a JP Morgan Securities Ltd..(Wick, Robert) (Entered: 05/27/2016)
ORDER: Oral argument in relation to plaintiffs' motion for class certification (ECF No. 917) is hereby scheduled for July 28, 2016 at 2:00 p.m., ( Oral Argument set for 7/28/2016 at 02:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 5/23/2016) (lmb) (Entered: 05/23/2016)
MEMORANDUM DECISION & ORDER granting in part 951 Letter Motion to Compel. For the foregoing reasons, Plaintiffs' letter motion to compel Robert Burgess- Allen to produce certain records is GRANTED IN PART. The Court requires only that Burgess-Allen produce information sufficient to show, if any, payments and/or other compensation that he received from Metro and/or Goldman Sachs after June 2013. Furthermore, Plaintiffs' letter motion seeking spoliation sanctions against Burgess-Allen and Metro is DENIED at this time. The Clerk of Court is directed to close the motion at ECF No. 951. (As further set forth in this Order) (Signed by Judge Katherine B. Forrest on 5/19/2016) (lmb) (Entered: 05/19/2016)
ORDER denying (968) Letter Motion to Compel in case 1:13-md-02481-KBF. For the reasons set forth above, plaintiffs' motion is DENIED as premature with leave to renew. The Clerk of Court is directed to close the motion at ECF No. 968. SO ORDERED.(Signed by Judge Katherine B. Forrest on 5/17/2016) Filed In Associated Cases: 1:13-md-02481-KBF et al. (ama) (Entered: 05/17/2016)
NOTICE of of Change in Counsel. Document filed by AGFA Corporation, AGFA Graphics, NV, Eastman Kodak Company, Mag Instrument Inc. (Steyer, Allan) (Entered: 05/17/2016)
LETTER addressed to Judge Katherine B. Forrest from Chelsea McLean dated May 13, 2016 re: Response To Class and Individual Plaintiffs' May 12, 2016 Letter Regarding Privilege Logs. Document filed by Glencore Ltd..(McLean, Chelsea) (Entered: 05/13/2016)
LETTER addressed to Judge Katherine B. Forrest from Jill M. Manning dated May 12, 2016 re: Courtesy Copies. Document filed by AGFA Corporation, AGFA Graphics, NV, Eastman Kodak Company, Mag Instrument Inc.(Manning, Jill) (Entered: 05/12/2016)
LETTER addressed to Judge Katherine B. Forrest from Bradley J. Demuth dated May 12, 2016 re: Enclosing Courtesy Copy of Plaintiffs' April 21, April 28, and May 4 letters and bound volumes of associated exhibits and Plaintiffs' May 11, 2016 letter. Document filed by Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc..(Demuth, Bradley) (Entered: 05/12/2016)
LETTER MOTION to Compel Glencore Ltd. to produce documents and amended privilege log addressed to Judge Katherine B. Forrest from Jill M. Manning dated May 12, 2016. Document filed by AGFA Corporation, AGFA Graphics, NV, Eastman Kodak Company, Mag Instrument Inc. (Attachments: # 1 Exhibit Attachment A, # 2 Exhibit Attachment B (filed under seal), # 3 Exhibit Attachment C, # 4 Exhibit Attachment D)(Manning, Jill) (Entered: 05/12/2016)
LETTER addressed to Judge Katherine B. Forrest from Richard C. Pepperman II dated 05/12/2016 re: Response to Plaintiffs' May 11, 2016 Letter. Document filed by Robert Burgess-Allen, Metro International Trade Services, L. L. C..(Pepperman, Richard) (Entered: 05/12/2016)
LETTER addressed to Judge Katherine B. Forrest from Linda P. Nussbaum dated May 11, 2016 re: May 10, 2016 Pepperman letter. Document filed by Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc..(Nussbaum, Linda) (Entered: 05/11/2016)
964
Filed: 5/11/2016, Entered: None
Unknown Document Type
SEALED DOCUMENT placed in vault.(rz) (Entered: 05/11/2016)
ORDER: The Court hereby directs plaintiffs to provide to Chambers, not later than May 12, 2016, hard copy courtesy copies of their April 21, 2016 letter motion (ECF No. 951), their April 28, 2016 reply letter (ECF No. 952), and their May 4, 2016 letter, as well as hard copies of all exhibits attached thereto. The Court is already in receipt of courtesy copies of Metro's and Robert Burgess-Allen's opposition materials. (ECF Nos. 953, 954, 955.) The Court further directs plaintiffs to file their May 4, 2016 letter and supporting exhibits on the public docket. As set forth in the Court's April 28, 2016 Order (ECF No. 949), to the extent that any particular language in plaintiffs' letter and supporting materials have current competitive significance, that particular language may be redacted. (Signed by Judge Katherine B. Forrest on 5/11/2016) ***As per chambers, docketed in 13md2481 only. (tn) (Entered: 05/11/2016)
LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine B. Forrest from Richard C. Pepperman II dated 05/10/2016 re: 951 LETTER MOTION to Compel Robert Burgess-Allen to produce documents in response to Second Subpoena where documents responsive to First Subpoena were spoliated addressed to Judge Katherine B. Forrest from Bradley J. Demuth dated April 21, 2016 . Document filed by Robert Burgess-Allen, Metro International Trade Services, L. L. C.. (Attachments: # 1 Exhibit Exhibit 1)(Pepperman, Richard) (Entered: 05/10/2016)
LETTER addressed to Judge Katherine B. Forrest from Carmen A. Medici dated May 5, 2016 re: Corrected Copy of the Expert Report of Dr. Christopher L. Gilbert, Ph.D.. Document filed by Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc.. (Attachments: # 1 Exhibit A-C [Redacted], # 2 Certificate of Service)(Medici, Carmen) (Entered: 05/05/2016)
LETTER addressed to Judge Katherine B. Forrest from Richard C. Pepperman II dated 05/05/2016 re: Request for Response. Document filed by MCEPF Metro I, Inc., MITSI Holdings LLC, Metro International Trade Services, L. L. C..(Pepperman, Richard) (Entered: 05/05/2016)
ORDER granting (77 in 15cv8307) Letter Motion for Extension of Time to File. So ordered., ( Motions due by 5/31/2016.) (Signed by Judge Katherine B. Forrest on 5/3/2016) (lmb) (Entered: 05/03/2016)
DECLARATION of Dennis McConnell in Opposition re: 951 LETTER MOTION to Compel Robert Burgess-Allen to produce documents in response to Second Subpoena where documents responsive to First Subpoena were spoliated addressed to Judge Katherine B. Forrest from Bradley J. Demuth dated April 21, 2016. Document filed by Robert Burgess-Allen, Metro International Trade Services, L. L. C.. (Attachments: # 1 Exhibit A)(Pepperman, Richard) (Entered: 05/02/2016)
DECLARATION of Robert Burgess-Allen in Opposition re: 951 LETTER MOTION to Compel Robert Burgess-Allen to produce documents in response to Second Subpoena where documents responsive to First Subpoena were spoliated addressed to Judge Katherine B. Forrest from Bradley J. Demuth dated April 21, 2016. Document filed by Robert Burgess-Allen, Metro International Trade Services, L. L. C.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Pepperman, Richard) (Entered: 05/02/2016)
LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine B. Forrest from Suhana H. Han dated April 26, 2016 re: 951 LETTER MOTION to Compel Robert Burgess-Allen to produce documents in response to Second Subpoena where documents responsive to First Subpoena were spoliated addressed to Judge Katherine B. Forrest from Bradley J. Demuth dated April 21, 2016 . Document filed by Robert Burgess-Allen, Metro International Trade Services, L. L. C.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Pepperman, Richard) (Entered: 05/02/2016)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Linda P. Nussbaum dated 4/28/2016 re: In sum, the facts so far discovered demonstrate a prima facie case for spoliation. ENDORSEMENT: Post this page and order only to docket. I am confused. Is this spoliation motion directed at the failure/inability to produce RBA's (1) personal diaries, (2) passports and travel records, (3) bank statements, (4) tax records, (5) monies received from Metro, (6) real property transactions/capital improvements? If so, I don't understand enough about how they are relevant to the claims presently in the case? Plaintiff can make one final showing on this by 5/4/16. (Signed by Judge Katherine B. Forrest on 4/29/2016) (lmb) (Entered: 04/29/2016)
ORDER: After reviewing the above submissions, the Court believes that the bulk of these submissions if not the parties' entire submissions should be filed on the public docket, notwithstanding that portions of the submissions reference documents that have been marked as confidential. To the extent that any particular language in these materials has current competitive significance, that particular language may be redacted. Such redactions should be no broader than necessary to protect that truly confidential information. In determining whether any particular language is truly confidential based on current competitive significance, the parties should remain mindful that some documents may have been overly generously and unnecessarily marked as confidential. The parties shall file their respective submissions on the public docket making any necessary redactions as explained above not later than May 2, 2016. SO ORDERED. (Signed by Judge Katherine B. Forrest on 4/28/2016) (ama) (Entered: 04/28/2016)
ORDER FOR ADMISSION PRO HAC VICE ATTORNEY TROY E. TERPENING granting (947) Motion for Troy E. Terpening to Appear Pro Hac Vice in case 1:13-md-02481-KBF. (Signed by Judge Katherine B. Forrest on 4/26/2016) Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-00211-KBF, 1:14-cv-00217-KBF, 1:14-cv-06849-KBF (kko) (Entered: 04/27/2016)
MOTION for Troy E. Terpening to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12228865. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AGFA Corporation, AGFA Graphics, NV, Eastman Kodak Company, Mag Instrument Inc. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Terpening, Troy) (Entered: 04/26/2016)
OPINION & ORDER re: (887 in 1:13-md-02481-KBF) MOTION for Leave to File Second Joint Amended Complaint . filed by AGFA Corporation, Eastman Kodak Company, Mag Instrument Inc, AGFA Graphics, NV, (316 in 1:14-cv-03116-KBF, 891 in 1:13-md-02481-KBF) MOTION for Leave to File Fifth Amended Complaint [First Level Purchaser Plaintiffs' Ampal, Inc., Custom Aluminum Products, Inc., Claridge Products and Equipment, Inc., Extruded Aluminum Corporation, and Thule, Inc.'s Notice of Motion filed by Extruded Aluminum Inc., Custom Aluminum Products Inc., Ampal Inc., Claridge Products and Equipment, Incorporated. For the reasons set forth above, the Individual Plaintiffs' motion for leave to file their proposed Second Joint Amended Complaint and the First Level Purchaser Plaintiffs' motion for leave to file their proposed Fifth Amended Complaint are DENIED. The Clerk of Court is directed to close the motions at ECF Nos. 887 and 891 in 13-md-2481, ECF No. 316 in 14-cv-3116, and ECF No. 44 in 15-cv-8307. (As further set forth in this Order) (Signed by Judge Katherine B. Forrest on 4/25/2016) Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-03116-KBF(lmb) (Entered: 04/25/2016)
ORDER: The Court is in receipt of plaintiffs' April 21, 2016 letter submitted under seal requesting certain relief seeking initial and immediate relief related to defendant Metro's and Metro's former agent Robert Burgess-Allen's July 2013 spoliation of evidence. In light of plaintiffs' letter, which raises serious issues, it is hereby ORDERED that: 1. The Court hereby accepts plaintiffs' 5-page letter, even though it exceeds the length set forth in the Court's Individual Rules regarding discovery dispute letters, given the seriousness of the issues raised. The Court believes it is important for the parties to be fully heard on this. 2. Defendants are permitted to respond to plaintiffs' allegations in an over-length letter not later than April 26, 2016. 3. Plaintiffs may reply in an over-length letter not later than April 28, 2016. 4. To the extent that the parties seek to rely on affidavits necessary to support their positions with respect to the issues raised in plaintiffs' April 21, 2016 letter (which is likely appropriate), such affidavits shall be filed on the same schedule. (Signed by Judge Katherine B. Forrest on 4/22/2016) (lmb) (Entered: 04/22/2016)
LETTER addressed to Judge Katherine B. Forrest from Walter W. Noss dated 4/21/2016 re: Issuance of Letter Rogatory. Document filed by AGFA Corporation, AGFA Graphics, NV, Eastman Kodak Company, Mag Instrument Inc. (Attachments: # 1 Exhibit A)(Noss, Walter) (Entered: 04/22/2016)
ORDER FOR ADMISSION PRO HAC VICE granting 940 Motion for Amber M. Charles to Appear Pro Hac Vice. (Signed by Judge Katherine B. Forrest on 4/21/2016) (mro) (Entered: 04/22/2016)
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Discovery Issuance of Letters Rogatory addressed to Judge Katherine B. Forrest from Walter W. Noss dated 4/21/2016. Document filed by AGFA Corporation, AGFA Graphics, NV, Eastman Kodak Company, Mag Instrument Inc. (Attachments: # 1 Exhibit A)(Noss, Walter) Modified on 4/22/2016 (db). (Entered: 04/21/2016)
MOTION for Amber M. Charles to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12213118. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Henry Bath LLC, JP Morgan Securities plc f/k/a JP Morgan Securities Ltd.. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Charles, Amber) (Entered: 04/21/2016)
ORDER FOR ADMISSION PRO HAC VICE granting 938 Motion for Kai A. Smith to Appear Pro Hac Vice. (Signed by Judge Katherine B. Forrest on 4/20/2016) (mro) (Entered: 04/21/2016)
MOTION for Kai A. Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12209405. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Henry Bath LLC, JP Morgan Securities plc f/k/a JP Morgan Securities Ltd.. (Attachments: # 1 Exhibit Certificates of Good Standing, # 2 Text of Proposed Order)(Smith, Kai) (Entered: 04/20/2016)
ORDER: Having thoroughly reviewed the parties' submissions in relation to the Individual Plaintiffs' pending motion for leave to file the Second Joint Amended Complaint and the First Level Purchaser Plaintiffs' pending motion for leave to file the Fifth Amended Complaint, the Court has determined that oral argument is unnecessary. (ECF Nos. 887, 891.) The oral argument scheduled for April 19, 2016 at 1:00 p.m. is therefore ADJOURNED. The Court anticipates issuing a decision in the near future. (Signed by Judge Katherine B. Forrest on 4/14/2016) (lmb) (Entered: 04/14/2016)
ORDER granting in part (911) Letter Motion for Extension of Time; granting in part (914) Letter Motion for Extension of Time in case 1:13-md-02481-KBF; granting in part (320) Letter Motion for Extension of Time in case 1:14-cv-03116-KBF.The Court is in receipt of the Individual Plaintiffs' March 24, 2016 letter motion (ECF No. 911) and the First Level Purchaser Plaintiffs' March 25, 2016 letter motion (ECF No. 914) seeking to extend the deadline to complete fact discovery from May 13, 2016 to July 27, 2016, as well as defendants' March 28, 2016 letter response (ECF No. 922). As set forth below, plaintiffs' motions are GRANTED IN PART; both parties shall be granted a one month extension as to a limited number of depositions. All other dates, however, shall remain as further set forth in this order. 1. Fact discovery, except to the extent stated below, shall close on May 13, 2016. a. Each side may conduct up to and including ten depositions of their choice (inclusive of any third party depositions) not later than June 13, 2016. 2. Opposition briefs on plaintiffs' motion for class certification (ECF No. 917) shall be due not later than June 24, 2016. a. Reply briefs shall be due not later than July 22, 2016. 3. Expert discovery shall close on October 14, 2016. a. The parties shall produce any expert reports on which the party has an affirmative burden of proof not later than July 29, 2016. b. Any rebuttal reports shall be produced not later than September 30, 2016. c. Expert depositions shall be completed by October 12, 2016. 4. Motions for summary judgment shall be due not later than October 14, 2016. a. Oppositions shall be due not later than November 16, 2016. b. Replies shall be due not later than December 16, 2016. 5. Trial shall commence on February 14, 2017. a. The Final Pretrial Conference ("FPTC") is set for February 3, 2017 at 2:00 p.m. b. Motions in limine are due four weeks before the FPTC; oppositions are due two weeks later. Daubert motions are due four weeks before the FPTC; oppositions are due two weeks later (no replies). c. Pretrial materials, including the Joint Pretrial Order, are due not later than January 27, 2017. For the foregoing reasons, plaintiffs' motions to extend fact discovery are GRANTED IN PART as set forth above. The Clerk of Court is directed to terminate the motions at ECF Nos. 911 and 914 in 13-md-2481 and ECF No. 56 in 15-cv-8307. Deposition due by 10/12/2016. Motions due by 10/14/2016. Pretrial Order due by 1/27/2017. Reply due by 12/16/2016. Responses due by 11/16/2016. (Signed by Judge Katherine B. Forrest on 4/11/2016) Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-03116-KBF (lmb) (Entered: 04/11/2016)
ORDER FOR ADMISSION PRO HAC VICE OF STEVEN M. JODLOWSKI granting (934) Motion for Steven M. Jodlowski to Appear Pro Hac Vice in case 1:13-md-02481-KBF; granting (322) Motion for Steven M. Jodlowski to Appear Pro Hac Vice in case 1:14-cv-03116-KBF. (Signed by Judge Katherine B. Forrest on 4/8/2016) Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-03116-KBF (rjm) (Entered: 04/08/2016)
MOTION for Steven M. Jodlowski to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12161886. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc.. (Attachments: # 1 Exhibit A_Certificate of Good Standing, # 2 Text of Proposed Order, # 3 Certificate of Service)Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-03116-KBF(Jodlowski, Steven) (Entered: 04/07/2016)
MEMORANDUM OF LAW in Support re: 917 MOTION to Certify Class . Corrected Copy. Document filed by Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc.. (Lovell, Christopher) (Entered: 04/06/2016)
MEMORANDUM OF LAW in Support re: 917 MOTION to Certify Class . . Document filed by Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc.. (Lovell, Christopher) (Entered: 04/05/2016)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Gary S. Jacobson dated 4/5/2016 re: I respectfully submit this letter, pursuant to Rule 1.E of Your Honor's Individual Rules of Practice in Civil Cases, to request the Court on an emergency basis to direct the Clerk to seal the public version of Plaintiffs' Memorandum Of Law In Support Of Motion For Class Certification, filed on March 25, 2016 at ECF No. 918 ("redacted Class Brief"). ENDORSEMENT: So ordered. (Signed by Judge Katherine B. Forrest on 4/5/2016) (lmb) (Entered: 04/05/2016)
ORDER granting 926 Letter Motion for Extension of Time to Answer. Application granted. Glencore AG answer due 4/11/2016; Glencore International AG answer due 4/11/2016; Glencore Ltd. answer due 4/11/2016; Goldman Sachs & CO. answer due 4/11/2016; Goldman Sachs International answer due 4/11/2016; Henry Bath LLC answer due 4/11/2016; J. Aron & Co. answer due 4/11/2016; JP Morgan Securities plc f/k/a JP Morgan Securities Ltd. answer due 4/11/2016; Metro International Trade Services, L. L. C. answer due 4/11/2016; Pacorini Metals USA, LLC answer due 4/11/2016. (Signed by Judge Katherine B. Forrest on 3/30/2016) (lmb) (Entered: 03/30/2016)
ORDER granting 907 Letter Motion for Oral Argument. The Court is in receipt of the parties' letters indicating their availability to participate in oral argument in relation to plaintiffs' pending motions to amend their complaints. (ECF Nos. 913, 924.) Oral argument is hereby scheduled for April 19, 2016 at 1:00 p.m. The Court has set aside one hour for argument. The Clerk of Court is directed to close the motion at ECF No. 907. (Signed by Judge Katherine B. Forrest on 3/30/2016) (lmb) (Entered: 03/30/2016)
LETTER MOTION for Extension of Time to File Answer to Amended Complaint in Fujifilm Case addressed to Judge Katherine B. Forrest from David W. Haller dated March 30, 2016. Document filed by Henry Bath LLC, JP Morgan Securities plc f/k/a JP Morgan Securities Ltd..(Haller, David) (Entered: 03/30/2016)
NOTICE OF APPEARANCE by Christopher Lovell on behalf of Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc.. (Lovell, Christopher) (Entered: 03/29/2016)
LETTER addressed to Judge Katherine B. Forrest from Carmen A. Medici on behalf of FLPs dated 3/29/2016 re: Court's March 24, 2016 Order (Dkt. No. 910). Document filed by Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc.. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-03116-KBF(Medici, Carmen) (Entered: 03/29/2016)
LETTER addressed to Judge Katherine B. Forrest from Gary S. Jacobson dated 3/28/2016 re: Courtesy Copies.. Document filed by Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc..(Lovell, Christopher) (Entered: 03/28/2016)
LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine B. Forrest from Robert D. Wick dated March 28, 2016 re: 911 LETTER MOTION for Extension of Time for discovery addressed to Judge Katherine B. Forrest from Walter W. Noss dated 3/24/2016., 914 LETTER MOTION for Extension of Time for Discovery addressed to Judge Katherine B. Forrest from Lonnie A. Browne dated March 25, 2016. Defendants' Response to Individual Plaintiffs' and First-Level Purchasers' Motions to Extend the Fact Discovery Cutoff. Document filed by Henry Bath LLC, JP Morgan Securities plc f/k/a JP Morgan Securities Ltd.. (Wick, Robert) (Entered: 03/28/2016)
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (SEE 920 Declaration) - DECLARATION of Susan R. Schwaiger in Support re: 917 MOTION to Certify Class .. Document filed by Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Lovell, Christopher) Modified on 3/29/2016 (db). (Entered: 03/25/2016)
MEMORANDUM OF LAW in Support re: 917 MOTION to Certify Class . . Document filed by Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc.. (Lovell, Christopher) (Entered: 03/25/2016)
917
Filed: 3/25/2016, Entered: None
Unknown Document Type
MOTION to Certify Class . Document filed by Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc..(Lovell, Christopher) (Entered: 03/25/2016)
LETTER MOTION for Extension of Time for Discovery addressed to Judge Katherine B. Forrest from Lonnie A. Browne dated March 25, 2016. Document filed by Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc.. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-03116-KBF(Browne, Lonnie) (Entered: 03/25/2016)
LETTER addressed to Judge Katherine B. Forrest from Robert D. Wick dated March 25, 2016 re: response to the Courts order of Thursday, March 24, 2016 stating that the Court is available to hear oral argument on plaintiffs motions for leave to amend their complaints. Document filed by Henry Bath LLC, JP Morgan Securities plc f/k/a JP Morgan Securities Ltd..(Wick, Robert) (Entered: 03/25/2016)
ORDER granting 909 Letter Motion for Leave to File Excess Pages. Application granted. SO ORDERED. (Signed by Judge Katherine B. Forrest on 3/25/2016) (kko) (Entered: 03/25/2016)
LETTER MOTION for Extension of Time for discovery addressed to Judge Katherine B. Forrest from Walter W. Noss dated 3/24/2016. Document filed by AGFA Corporation, AGFA Graphics, NV, Eastman Kodak Company, Mag Instrument Inc.(Noss, Walter) (Entered: 03/24/2016)
ORDER: The Court is in receipt of defendants' March 23, 2016 letter motion (ECF No. 907) seeking oral argument in relation to plaintiffs' pending motions to amend their complaints (ECF Nos. 887, 891). In light of the Court's schedule, the Court will grant defendants' letter motion if the parties are available to participate in oral argument on Tuesday, April 19, 2016 at 1:00 p.m. or Friday, April 22, 2016 at 3:00 p.m. Should the parties be unavailable to participate at either of those times, the Court will resolve plaintiffs' motions on the papers. The Court observes that the Individual Plaintiffs have not provided the Court with their proposed Second Joint Amended Complaint with their moving papers. The Court does not intend to grant the Individual Plaintiffs' motion without first having an opportunity to review their proposed amendments. To that end, the Individual Plaintiffs shall submit their proposed Second Joint Amended Complaint (along with a redline) not later than March 31, 2016. (Signed by Judge Katherine B. Forrest on 3/24/2016) (lmb) (Entered: 03/24/2016)
LETTER MOTION for Leave to File Excess Pages addressed to Judge Katherine B. Forrest from Christopher Lovell dated 03/24/2016. Document filed by Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc..(Lovell, Christopher) (Entered: 03/24/2016)
LETTER addressed to Judge Katherine B. Forrest from Lonnie A. Browne dated March 23, 2016 re: Submission of Redacted Reply Memorandum in Support of FLPs' Motion for Leave to File Fifth Amended Complaint. Document filed by Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc.. (Attachments: # 1 [Redacted] Reply Memorandum in Support of First Level Purchaser Plaintiffs' Motion for Leave to File the Fifth Amended Complaint, # 2 [Redacted] Declaration of Carmen A. Medici in Support of First Level Purchaser Plaintiffs' Motion for Leave to File The Fifth Amended Complaint, Exhibits A-C thereto [Redacted], # 3 Certificate of Service)Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-03116-KBF(Browne, Lonnie) (Entered: 03/23/2016)
LETTER MOTION for Oral Argument on Plaintiffs' Pending Motions to Amend Complaint addressed to Judge Katherine B. Forrest from Robert D. Wick dated March 23, 2016. Document filed by Henry Bath LLC, JP Morgan Securities plc f/k/a JP Morgan Securities Ltd..(Wick, Robert) (Entered: 03/23/2016)
REPLY MEMORANDUM OF LAW in Support re: 887 MOTION for Leave to File Second Joint Amended Complaint . . Document filed by AGFA Corporation, AGFA Graphics, NV, Eastman Kodak Company, Mag Instrument Inc. (Noss, Walter) (Entered: 03/21/2016)
904
Filed: 3/21/2016, Entered: None
Unknown Document Type
SEALED DOCUMENT placed in vault.(mps) (Entered: 03/21/2016)
ORDER granting (902) Letter Motion for Extension of Time in case 1:13-md-02481-KBF. It is hereby ORDERED that the schedule governing the briefing on Plaintiffs' motion for class certification is amended as follows: 1. Opening: due not later than March 25, 2016; 2. Opposition: due not later than June 24, 2016; and 3. Reply: due not later than July 22, 2016. (Motions due by 3/25/2016.) (Signed by Judge Katherine B. Forrest on 3/16/2016) Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-03116-KBF (kgo) (Entered: 03/16/2016)
LETTER MOTION for Extension of Time addressed to Judge Katherine B. Forrest from Christopher Lovell dated March 15, 2016. Document filed by Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc.. (Attachments: # 1 Text of Proposed Order)(Lovell, Christopher) (Entered: 03/15/2016)
LETTER addressed to Judge Katherine B. Forrest from Richard C. Pepperman II dated March 11, 2016 re: Courtesy Copies of Defendants' Papers in Opposition to Plaintiffs' Motions for Leave to Amend their Complaints. Document filed by Goldman Sachs & CO., Goldman Sachs International, J. Aron & Co., MITSI Holdings LLC, Metro International Trade Services, L. L. C..(Pepperman, Richard) (Entered: 03/11/2016)
CERTIFICATE OF SERVICE of Documents filed under seal in support of Defendants' Opposition to Plaintiffs' Motions for Leave to Amend their Complaints served on Counsel for Individual Plaintiffs and Counsel for First Level Purchaser Plaintiffs on March 11, 2016. Service was made by e-mail. Document filed by Goldman Sachs & CO., Goldman Sachs International, J. Aron & Co., MITSI Holdings LLC, Metro International Trade Services, L. L. C.. (Pepperman, Richard) (Entered: 03/11/2016)
898
Filed: 3/11/2016, Entered: None
Unknown Document Type
DECLARATION of Henry B. Liu in Opposition re: 887 MOTION for Leave to File Second Joint Amended Complaint ., 891 MOTION for Leave to File Fifth Amended Complaint [First Level Purchaser Plaintiffs' Ampal, Inc., Custom Aluminum Products, Inc., Claridge Products and Equipment, Inc., Extruded Aluminum Corporation, and Thule, Inc.'s Notice of Motion. Document filed by Goldman Sachs & CO., Goldman Sachs International, J. Aron & Co., MITSI Holdings LLC, Metro International Trade Services, L. L. C.. (Attachments: # 1 Exhibit 1 (filed under seal), # 2 Exhibit 2 (filed under seal), # 3 Exhibit 3, # 4 Exhibit 4)(Pepperman, Richard) (Entered: 03/11/2016)
DECLARATION of William H. Wagener in Opposition re: 887 MOTION for Leave to File Second Joint Amended Complaint ., 891 MOTION for Leave to File Fifth Amended Complaint [First Level Purchaser Plaintiffs' Ampal, Inc., Custom Aluminum Products, Inc., Claridge Products and Equipment, Inc., Extruded Aluminum Corporation, and Thule, Inc.'s Notice of Motion. Document filed by Goldman Sachs & CO., Goldman Sachs International, J. Aron & Co., MITSI Holdings LLC, Metro International Trade Services, L. L. C.. (Attachments: # 1 Exhibit A)(Pepperman, Richard) (Entered: 03/11/2016)
JOINT MEMORANDUM OF LAW in Opposition re: 887 MOTION for Leave to File Second Joint Amended Complaint ., 891 MOTION for Leave to File Fifth Amended Complaint [First Level Purchaser Plaintiffs' Ampal, Inc., Custom Aluminum Products, Inc., Claridge Products and Equipment, Inc., Extruded Aluminum Corporation, and Thule, Inc.'s Notice of Motion . Document filed by Goldman Sachs & CO., Goldman Sachs International, J. Aron & Co., MITSI Holdings LLC, Metro International Trade Services, L. L. C.. (Pepperman, Richard) (Entered: 03/11/2016)
ORDER granting 894 Letter Motion for Extension of Time. So ordered. Responses due by 3/11/2016. (Signed by Judge Katherine B. Forrest on 2/25/2016) (lmb) (Entered: 02/25/2016)
LETTER MOTION for Extension of Time to file an opposition to the Individual Plaintiffs' Motion for Leave to File a Second Joint Amended Complaint (Dkt. # 887) so that defendants can file a single consolidated opposition to this motion and the First-Level Purchaser Plaintiffs' Motion for Leave to File a Fifth Amended Complaint (Dkt. # 891) addressed to Judge Katherine B. Forrest from Richard C. Pepperman II dated 02-25-2016. Document filed by Goldman Sachs & CO., Goldman Sachs International, J. Aron & Co., MITSI Holdings LLC, Metro International Trade Services, L. L. C..(Pepperman, Richard) (Entered: 02/25/2016)
STIPULATION AND ORDER: Ordered: As you folks all I think know (?), I don't accept stips. for extensions. (See my Indiv. Rules on that). I take this as a request with recited conditions. The request is granted so long as the response is an answer. If defendants intend to move, they would need to do so sooner. (This is worded as an "answer"). Defendants Goldman, Sachs & Co.; Goldman Sachs International; J. Aron & Company; Metro International Trade Services LLC; JPMorgan Securities plc; JPMorgan Chase Bank, N.A.; Henry Bath LLC; Glencore Ltd.; and Pacorini Metals USA, LLC, shall have until 4/4/2016 to answer the Amended Complaint. Defendant JPMorgan Chase Bank, N.A. agrees that it will not object to discovery based on the date of its answer to the Amended Complaint and that FUJIFILM may seek discovery from it effective as of the date of this Stipulation and Order. (Signed by Judge Katherine B. Forrest on 2/22/2016) (tn) (Entered: 02/22/2016)
SEALED DOCUMENT placed in vault.(mps) (Entered: 02/22/2016)
888
Filed: 2/19/2016, Entered: None
Unknown Document Type
MEMORANDUM OF LAW in Support re: 887 MOTION for Leave to File Second Joint Amended Complaint . . Document filed by AGFA Corporation, AGFA Graphics, NV, Eastman Kodak Company, Mag Instrument Inc. (Noss, Walter) (Entered: 02/19/2016)
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED: Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, the Parties, by their undersigned counsel, stipulate and agree that the Fifth, Sixth, and Ninth Claims for Relief asserted in the Third Amended Complaint are hereby dismissed without prejudice. (Signed by Judge Katherine B. Forrest on 2/3/2016) Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-03116-KBF(lmb) (Entered: 02/03/2016)
883
Filed: 1/28/2016, Entered: None
Unknown Document Type
MEMO ENDORSEMENT on 881 denying 872 Motion to Intervene. ENDORSEMENT: Motion denied. There are no live claims pending before this Court as to which discovery can be taken. All of the Zinc claims have been dismissed. There is a limited opportunity for plaintiffs to seek to amend. If an amendment is successful, presumably a discovery request tailored to the information sought would effect the same result (e.g. the materials sought would be then produced). Allowing intervention on these facts (e.g. a dismissed case) also presents issues beyond this case. Turambly is designed to prevent claims lacking plausibility from opening the doors to discovery (including all that that entails). To allow the happenstance of a common law firm and knowledge gained in one case to be used for another creates dangerous incentives and possibilities. If the amendment succeeds, (if one is proposed), discovery shall run its usual full course. *** Party Zinc Plaintiffs terminated. (Signed by Judge Katherine B. Forrest on 1/28/2016) (lmb) Modified on 1/28/2016 (lmb). (Entered: 01/28/2016)
REPLY MEMORANDUM OF LAW in Support re: 872 MOTION to Intervene and Modify Protective Order. . Document filed by Zinc Plaintiffs. (Nussbaum, Linda) (Entered: 01/27/2016)
LETTER addressed to Judge Katherine B. Forrest from Richard C. Pepperman, II dated January 22, 2016 re: Courtesy Copy of Defendants' Opposition Papers. Document filed by Glencore Ltd., Goldman Sachs & CO., Goldman Sachs International, Henry Bath LLC, J. Aron & Co., JP Morgan Chase & Co, MITSI Holdings LLC, Metro International Trade Services, L. L. C., Pacorini Metals USA, LLC.(Pepperman, Richard) (Entered: 01/22/2016)
MEMO ENDORSEMENT on re: 878 Letter, filed by Zinc Plaintiffs. ENDORSEMENT: So ordered., ( Replies due by 1/27/2016.) (Signed by Judge Katherine B. Forrest on 1/22/2016) (lmb) (Entered: 01/22/2016)
LETTER addressed to Judge Katherine B. Forrest from Kimberly A. Justice dated January 22, 2016 re: Time to Respond to Defendants' Opposition to the Zinc Plaintiffs' Motion for Leave to Intervene and to Modify the Protective Order. Document filed by Zinc Plaintiffs.(Justice, Kimberly) (Entered: 01/22/2016)
MEMORANDUM OF LAW in Opposition re: 872 MOTION to Intervene and Modify Protective Order. . Document filed by Glencore Ltd., Goldman Sachs & CO., Goldman Sachs International, Henry Bath LLC, J. Aron & Co., JP Morgan Chase & Co, MITSI Holdings LLC, Metro International Trade Services, L. L. C., Pacorini Metals USA, LLC. (Pepperman, Richard) (Entered: 01/21/2016)
875
Filed: 1/15/2016, Entered: None
Unknown Document Type
STIPULATION AND ORDER REGARDING DISMISSAL OF STATE LAW CLAIMS: IT IS HEREBY STIPULATED AND AGREED: Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, the Parties, by their undersigned counsel, stipulate and agree that the Second and Third Claims for Relief asserted in the Joint Amended Complaint are hereby dismissed without prejudice. (As further set forth in this Order.) (Signed by Judge Katherine B. Forrest on 1/15/2016) (kgo) (Entered: 01/15/2016)
MEMO ENDORSEMENT on re: 872 MOTION to Intervene and Modify Protective Order filed by Zinc Plaintiffs. ENDORSEMENT: Ordered: If any party opposes, such application shall be filed not later than 1/21/16. ( Responses due by 1/21/2016) (Signed by Judge Katherine B. Forrest on 1/14/2016) (mro) (Entered: 01/15/2016)
MEMORANDUM OF LAW in Support re: 872 MOTION to Intervene and Modify Protective Order. . Document filed by Zinc Plaintiffs. (Nussbaum, Linda) (Entered: 01/14/2016)
ORDER FOR ADMISSION PRO HAC VICE granting (869) Motion for Keith D. Essenmacher to Appear Pro Hac Vice in case 1:13-md-02481-KBF. (Signed by Judge Katherine B. Forrest on 12/28/2015) Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-03116-KBF (mro) (Entered: 12/28/2015)
MOTION for Keith D. Essenmacher to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11772834. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ampal Inc., Custom Aluminum Products Inc., Extruded Aluminum Inc., International Extrusions Inc., Superior Extrusion Inc. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order, # 3 Exhibit Certificate of Good standing.)(Lovell, Christopher) (Entered: 12/23/2015)
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED THAT: 1. As the FUJIFILM Complaint alleges individual, non-class action claims, FUJIFILM intends for its action to stay separate from the consolidated First- Level Purchaser Plaintiffs' complaint and to retain its own individual case number, as captioned above; 2. Defendants Goldman, Sachs & Co.; Goldman Sachs International; J. Aron & Company; Metro International Trade Services LLC; JPMorgan Securities plc; Henry Bath LLC; Glencore Ltd.; and Pacorini Metals USA, LLC, hereby accept service of the FUJIFILM Complaint; 3. Defendants Goldman, Sachs & Co.; Goldman Sachs International; J. Aron & Company; Metro International Trade Services LLC; JPMorgan Securities plc; Henry Bath LLC; Glencore Ltd.; and Pacorini Metals USA, LLC, shall have until January 15, 2016, to respond to the FUJILFILM Complaint. 4. FUJIFILM may initiate and participate in discovery in this multi-district litigation proceeding effective immediately. 5. FUJIFILM shall proceed on the same discovery schedule as the other individual (non-class) plaintiffs and shall use its best efforts to expedite its responses to Defendants' discovery demands in order to become substantially aligned with the progress of the other individual plaintiffs in the JAC. 6. With the exception of defenses relating to insufficient process and insufficient service of process, this stipulation does not constitute a waiver of the rights of any parties, including by Defendants of any defenses that may be available under Rule 12 of the Federal Rules of Civil Procedure (including lack of personal jurisdiction) or of any other statutory or common-law defenses that may be available to Defendants in this Action. Defendants retain their rights to raise any such defenses in response to the FUJIFILM Complaint or any operative or amended complaint that may be filed relating to this Action. (Signed by Judge Katherine B. Forrest on 11/30/2015) (lmb) Modified on 12/1/2015 (lmb). (Entered: 11/30/2015)
LETTER addressed to Judge Katherine B. Forrest from Linda P. Nussbaum dated November 6, 2015 Document filed by Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc..Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-03116-KBF(Nussbaum, Linda) (Entered: 11/06/2015)
ORDER denying (865) Letter Motion for Extension of Time to File in case 1:13-md-02481-KBF; denying (311) Letter Motion for Extension of Time to File in case 1:14-cv-03116-KBF. Move per the rules. If you haven't received a response from BAP and that's pertinent to your motion, include that in your papers. I want finality on the pleadings. (Signed by Judge Katherine B. Forrest on 11/5/2015) Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-03116-KBF (lmb) (Entered: 11/05/2015)
LETTER MOTION for Extension of Time to File Motion addressed to Judge Katherine B. Forrest from Linda P. Nussbaum dated November 4, 2015. Document filed by Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc..Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-03116-KBF(Nussbaum, Linda) (Entered: 11/04/2015)
JOINT SCHEDULING ORDER granting (862) Letter Motion for Extension of Time in case 1:13-md-02481-KBF; granting (309) Letter Motion for Extension of Time in case 1:14-cv-03116-KBF. Motions for class certification shall be briefed according to the following schedule: (a) Opening: due not later than March 18, 2016; (b) Opposition: due not later than June 17, 2016; and (c) Reply: due not later than July 15, 2016. Fact discovery shall close on May 13, 2016. (a) Document discovery shall be substantially completed by March 25, 2016; (b) Fact depositions shall be completed by May 13, 2016; Expert discovery shall close on October 14, 2016. (a) The parties shall produce any expert reports on which the party has an affirmative burden of proof July 29, 2016; (b) Any rebuttal reports shall be produced by September 30, 2016; and (c) Expert depositions shall be completed by October 12, 2016. Motions for summary judgment shall be briefed on the following schedule: (a) Opening: due not later than October 14, 2016; (b) Opposition: due not later than November 16, 2016; (c) Reply: due not later than December 16, 2016; A final pretrial conference ("FPTC") is scheduled for 2/3/17 at 2 pm. Trial shall commence on 2/14/17. *The parties are advised that extensions as to any dates herein are exceedingly unlikely. Deposition due by 10/12/2016. Motions due by 10/14/2016. (Signed by Judge Katherine B. Forrest on 10/30/2015) Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-03116-KBF (mro) (Entered: 10/30/2015)
ORDER FOR ADMISSION PRO HAC VICE granting 861 Motion for Craig Essenmacher to Appear Pro Hac Vice. (Signed by Judge Katherine B. Forrest on 10/29/2015) (lmb) (Entered: 10/29/2015)
JOINT LETTER MOTION for Extension of Time requesting modification of current scheduling order addressed to Judge Katherine B. Forrest from Carmen A. Medici dated October 29, 2015. Document filed by Ampal Inc., Claridge Products and Equipment, Incorporated, Custom Aluminum Products Inc., Extruded Aluminum Inc.. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)Filed In Associated Cases: 1:13-md-02481-KBF, 1:14-cv-03116-KBF(Medici, Carmen) (Entered: 10/29/2015)
MOTION for Craig Essenmacher to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11566286. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ampal Inc., Custom Aluminum Products Inc., Extruded Aluminum Inc., International Extrusions Inc., Superior Extrusion Inc. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order, # 3 Exhibit Certificate of Good Standing)(Lovell, Christopher) (Entered: 10/29/2015)
OPINION & ORDER re: (823 in 1:13-md-02481-KBF) MOTION to Dismiss . filed by Burgess-Allen Partnership Ltd., Robert Burgess-Allen, (290 in 1:14-cv-03116-KBF) MOTION to Dismiss . filed by Burgess-Allen Partnership Ltd., Robert Burgess-Allen. For the reasons set forth above, plaintiffs' claims against Robert Burgess- Allen and BAP are DISMISSED WITH PREJUDICE. The Clerk of Court is directed to close the motions at ECF No. 823 in 13-md-2481 and at ECF No. 290 in 14-cv-3116. (As further set forth in this Order), Robert Burgess-Allen, Burgess-Allen Partnership Ltd., Burgess-Allen Partnership Ltd., Robert Burgess-Allen and Robert Burgess-Allen terminated. (Signed by Judge Katherine B. Forrest on 10/23/2015) Filed In Associated Cases: 1:1
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