ORDER of USCA (Certified Copy) as to (285 in 1:14-cv-02811-JMF, 56 in 1:14-md-02589-JMF) Corrected Notice of Appeal,, filed by Forsta AP-fonden, Employees' Retirement System of the Government of the Virgin Islands, State-Boston Retirement System, Plumbers and Pipefitters National Pension Fund, City of Providence, Rhode Island. USCA Case Number 15-3057. Appellant Forsta AP-fonden moves to withdraw as an Appellant from this appeal. IT IS HEREBY ORDERED that the motion is GRANTED. The appeal shall proceed with respect to the remaining parties. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 01/08/2016. Filed In Associated Cases: 1:14-md-02589-JMF, 1:14-cv-02811-JMF(nd) (Entered: 01/08/2016)
STIPULATION REGARDING CONTENTS OF THE RECORD ON REMAND: In compliance with Rule 10.4(a) of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, plaintiff Great Pacific Securities and defendants Barclays Capital Inc. and Barclays PLC (together, "Barclays") stipulate that the following documents from the docket of Great Pacific Securities v. Barclays PLC, No. 15 Civ. 0168 (JMF) (S.D.N.Y.), shall be included in the record on remand as further set forth in this order. In addition, Great Pacific Securities and Barclays stipulate that the following documents from the docket of In re Barclays Liquidity Cross and High Frequency Trading Litigation, No. 14-MD-2589 (JMF) (S.D.N.Y), be included in the record on remand as further set forth in this order. (Signed by Judge Jesse M. Furman on 10/30/2015) Filed In Associated Cases: 1:14-md-02589-JMF, 1:15-cv-00168-JMF(tn) (Entered: 11/03/2015)
ORDER of USCA (Certified Copy) as to (285 in 1:14-cv-02811-JMF, 56 in 1:14-md-02589-JMF) Corrected Notice of Appeal,, filed by Forsta AP-fonden, Employees' Retirement System of the Government of the Virgin Islands, State-Boston Retirement System, Plumbers and Pipefitters National Pension Fund, City of Providence, Rhode Island. USCA Case Number 15-3057. The parties have filed a stipulation withdrawing this appeal with prejudice as to Appellees Barclays PLC and Barclays Capital Inc, pursuant to FRAP 42(b). The stipulation hereby is so ordered. The appeal shall proceed with respect to the remaining appellees. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 10/27/2015. Filed In Associated Cases: 1:14-md-02589-JMF, 1:14-cv-02811-JMF(nd) (Entered: 10/28/2015)
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for (285 in 1:14-cv-02811-JMF, 56 in 1:14-md-02589-JMF) Corrected Notice of Appeal, filed by Forsta AP-fonden, Employees' Retirement System of the Government of the Virgin Islands, State-Boston Retirement System, Plumbers and Pipefitters National Pension Fund, City of Providence, Rhode Island were transmitted to the U.S. Court of Appeals. Filed In Associated Cases: 1:14-md-02589-JMF, 1:14-cv-02811-JMF. (tp) (Entered: 09/29/2015)
CORRECTED NOTICE OF APPEAL re: (284 in 1:14-cv-02811-JMF, 55 in 1:14-md-02589-JMF) Notice of Appeal,, (282 in 1:14-cv-02811-JMF, 50 in 1:14-md-02589-JMF) Memorandum & Opinion,,,,,,,,,,,,,,,,,,, (51 in 1:14-md-02589-JMF, 283 in 1:14-cv-02811-JMF) Clerk's Judgment,,,,,,. Document filed by City of Providence, Rhode Island, Employees' Retirement System of the Government of the Virgin Islands, Forsta AP-fonden, Plumbers and Pipefitters National Pension Fund, State-Boston Retirement System, City of Providence, Rhode Island. Filed In Associated Cases: 1:14-md-02589-JMF, 1:14-cv-02811-JMF(Brown, Andrew) (Entered: 09/29/2015)
FILING ERROR - NOT ALL ORDERS SELECTED FOR APPEAL - NOTICE OF APPEAL from (282 in 1:14-cv-02811-JMF) Memorandum & Opinion, (283 in 1:14-cv-02811-JMF) Clerk's Judgment. Document filed by City of Providence, Rhode Island, Employees' Retirement System of the Government of the Virgin Islands, Forsta AP-fonden, Plumbers and Pipefitters National Pension Fund, State-Boston Retirement System. Filing fee $ 505.00, receipt number 0208-11428929. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Filed In Associated Cases: 1:14-md-02589-JMF, 1:14-cv-02811-JMF(Brown, Andrew) Modified on 9/25/2015 (tp). (Entered: 09/24/2015)
SUGGESTION OF REMAND: Because Great Pacific's case is the only remaining case in this MDL, the reasons given by the JPML for transferring this case to the Southern District of New York for pretrial proceedings no longer justify that transfer. The Court therefore suggests that the JPML remand Great Pacific's case to the Central District of California and close this MDL. The Clerk of Court is directed to notify the JPML of this recommendation. Great Pacific also seeks an extension of time to file its second amend complaint. In light of the Court's recommendation to the JPML, that request is granted. Great Pacific shall file its second amended complaint no later than twenty-one days after the JPML's decision on the remand question (in whatever district the case is then pending). (Signed by Judge Jesse M. Furman on 9/16/2015) Filed In Associated Cases: 1:14-md-02589-JMF, 1:15-cv-00168-JMF(tn) (Entered: 09/16/2015)
LETTER addressed to Judge Jesse M. Furman from Jeffrey T. Scott dated September 9, 2015 re: In re Barclays Liquidity Cross and High Frequency Trading Litig., No. 1:14-md-02589-JMF. Document filed by Barclays Capital Inc, Barclays PLC, Barclays Capital, Inc.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)Filed In Associated Cases: 1:14-md-02589-JMF, 1:15-cv-00168-JMF(Scott, Jeffrey) (Entered: 09/09/2015)
CLERK'S JUDGMENT:That for the reasons stated in the Court's Opinion and Order dated August 26, 2015, Defendants' motions to dismiss the Complaints in these cases are granted; that leaves only the question of whether Great Pacific and the SDNY plaintiffs should be granted leave to amend their complaints for a second and third time, respectively; the SDNY Plaintiffs do not ask for leave to amend, and the Court will not grant them leave sua sponte, both because amendment would likely be futile and because, in granting leave to file a second amended complaint, the Court expressly warned the SDNY Plaintiffs that the would not be given another opportunity to address the issues raised in Defendants' motions to dismiss; Great Pacific is granted leave to file a second amended complaint no later than four weeks from August 26, 2015, the date of the Opinion and Order, that said because Great Pacific's case (15-CV-168) will be the only matter still pending in the MDL, the Parties are ordered to show cause in writing no later than two weeks from August 26, 2015, the date of the Opinion and Order why the Court should not suggest to the JPML that 15-CV-168 be remanded to the Central District of California and the MDL closed; the Complaints are dismissed; 14-MD-2589 and all member cases are closed, except for 15-CV-168. (Signed by Clerk of Court Ruby Krajick on 8/28/2015) (Attachments: # 1 Notice of Right to Appeal, # 2 Notice of Right to Appeal)Filed In Associated Cases: 1:14-md-02589-JMF et al.(dt) (Entered: 08/28/2015)
OPINION AND ORDER re: (7 in 1:14-md-02589-JMF) MOTION to Dismiss Second Consolidated Amended Complaint. filed by New York Stock Exchange, L.L.C., Direct Edge ECN, L.L.C., Chicago Stock Exchange, Inc., Nasdaq OMX BX, Inc., The Nasdaq Stock Market L.L.C., Bats Global Markets, Inc., NYSE Arca, Inc., (23 in 1:14-md-02589-JMF) MOTION to Dismiss Amended Complaint filed by Barclays Capital, Inc., Barclays PLC, (15 in 1:14-md-02589-JMF) MOTION to Dismiss Second Consolidated Amended Complaint filed by Barclays Capital, Inc., Barclays PLC: For the reasons stated above, Defendants' motions to dismiss the Complaints in these cases are GRANTED, and the Complaints are dismissed in their entirety. That leaves only the question of whether Great Pacific and the SDNY Plaintiffs should be granted leave to amend their complaints for a second and third time, respectively. The SDNY Plaintiffs do not ask for leave to amend, and the Court will not grant them leave sua sponte, both because amendment would likely be futile and because, in granting leave to file a second amended complaint, the Court expressly warned the SDNY Plaintiffs that they would not be given another opportunity to address the issues raised in Defendants' motions to dismiss. See, e.g., Clark v. Kitt, No. 12-CV-8061 (CS), 2014 WL 4054284, at *15 (S.D.N.Y. Aug. 15, 2014) (holding that the plaintiff's failure to remedy the complaint's deficiencies identified by an earlier motion to dismiss "is alone sufficient ground to deny leave to amend"); see also, e.g., Ruotolo v. City of N.Y., 514 F.3d 184, 191 (2d Cir. 2008) (affirming the district court's denial of leave to amend in part because of the previous opportunities that the plaintiff had received to amend the complaint). (See 14-CV-2811, Docket No. 246). Great Pacific, however, does seek leave to amend (Great Pacific Mem. 25), and its request is on firm ground given "the liberal standard set forth in Rule 15" of the Federal Rules of Civil Procedure." Loreley Fin. No. 3 Ltd., 2015 WL 4492258, at *24. As discussed, many of the deficiencies in the Amended Complaint turn on Great Pacific's failure to plead sufficient facts to establish a plausible claim rather than an inherently flawed legal theory. And while Great Pacific was also granted leave to amend its complaint after Barclays's initial motion to dismiss and warned that it would not be given another opportunity to address the deficiencies alleged by Barclays (see Barclays's Reply Mem. 10), the initial motion and the present motion are not identical and the earlier amendment was made "in the critical absence of a definitive ruling." Loreley Fin. No. 3 Ltd., 2015 WL 4492258, at *25. Put simply, the Court cannot say that Great Pacific is unable to plead facts sufficient to survive a motion to dismiss and, therefore, that amendment would necessarily be futile. See Lucente v. Int'l Bus. Machines Corp., 310 F.3d 243, 258 (2d Cir. 2002). ("[A]mendment... is futile if the proposed claim could not withstand a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6)."). Accordingly, Great Pacific is granted leave to file a second amended complaint no later than four weeks from the date of this Opinion and Order. That said, because Great Pacific's case (15-CV-168) will be the only matter still pending in the MDL, the parties are ordered to show cause in writing no later than two weeks from the date of this Opinion and Order why the Court should not suggest to the JPML that 15-CV-168 be remanded to the Central District of California and the MDL closed. As discussed at the outset of this Opinion and Order, the Court's task in deciding the present motions was not to wade into the larger public debate about HFT that was sparked by Michael Lewis's book Flash Boys. Lewis and the critics of HFT may be right in arguing that it serves no productive purpose and merely allows certain traders to exploit technological inefficiencies in the markets at the expense of other traders. They may also be right that there is a need for regulatory or other action from the SEC or entities such as the Exchanges and Barclays. Those, however, are debates and tasks for others. The Court's narrow task was, instead, to decide whether the Complaints in these cases were legally sufficient to survive Defendants' motions to dismiss. Having concluded that they are not, the Complaints must be and are dismissed. The Clerk of Court is directed to terminate 14-MD-2589, Docket Nos. 7, 15, and 23, and to close all member cases except for 15-CV-168. (Signed by Judge Jesse M. Furman on 8/26/2015) ***As per chambers, Filed In All Member Cases: 1:14-md-02589-JMF et al.(tn) Modified on 8/26/2015 (tn). (Entered: 08/26/2015)
LETTER addressed to Judge Jesse M. Furman from George A. Borden dated 7/1/15 re: Response to Letter from City of Providence Plaintiffs Dated June 29, 2015. Document filed by Barclays Plc, NYSE Arca, Inc., New York Stock Exchange, L.L.C.. (Attachments: # 1 Exhibit A)Filed In Associated Cases: 1:14-md-02589-JMF, 1:14-cv-02811-JMF(Borden, George) (Entered: 07/01/2015)
LETTER addressed to Judge Jesse M. Furman from Jeffrey T. Scott dated July 1, 2015 re: Response to Letter from City of Providence Plaintiffs Dated June 29, 2015. Document filed by Barclays Capital Inc., Barclays PLC.Filed In Associated Cases: 1:14-md-02589-JMF et al.(Scott, Jeffrey) (Entered: 07/01/2015)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 6/18/2015 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: 07/01/2015)
TRANSCRIPT of Proceedings re: conference held on 6/18/2015 before Judge Jesse M. Furman. Court Reporter/Transcriber: Thomas Murray, (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 7/27/2015. Redacted Transcript Deadline set for 8/6/2015. Release of Transcript Restriction set for 10/2/2015.(McGuirk, Kelly) (Entered: 07/01/2015)
LETTER addressed to Judge Jesse M. Furman from Patrick J. Coughlin dated June 29, 2015 re: Supplement to June 18, 2015 Oral Argument. Document filed by City of Providence, Rhode Island, Employees' Retirement System of the Government of the Virgin Islands, Forsta AP-fonden, Plumbers and Pipefitters National Pension Fund, State-Boston Retirement System. (Attachments: # 1 Exhibit A)(Coughlin, Patrick) (Entered: 06/29/2015)
44
Filed: 6/18/2015, Entered: None
MEMO ENDORSEMENT on re: (43 in 1:14-md-02589-JMF, 278 in 1:14-cv-02811-JMF) Notice (Other) filed by Applied Financial Science, Inc. ENDORSEMENT: SO ORDERED. Attorney Joshua H Saltzman terminated. (Signed by Judge Jesse M. Furman on 6/18/2015) Filed In Associated Cases: 1:14-md-02589-JMF, 1:14-cv-02811-JMF(tn) (Entered: 06/18/2015)
NOTICE of WITHDRAWAL OF APPEARANCE OF JOSHUA H. SALTZMAN. Document filed by Applied Financial Science, Inc.. Filed In Associated Cases: 1:14-md-02589-JMF, 1:14-cv-02811-JMF(Saltzman, Joshua) (Entered: 06/17/2015)
LETTER addressed to Judge Jesse M. Furman from Jeffrey T. Scott dated June 11, 2015 re: June 18, 2015 Oral Argument. Document filed by Barclays Capital Inc., Barclays PLC.Filed In Associated Cases: 1:14-md-02589-JMF et al.(Scott, Jeffrey) (Entered: 06/11/2015)
LETTER addressed to Judge Jesse M. Furman from Douglas R. Cox dated 06/11/2015 re: Response to the Court's May 13, 2015 Order. Document filed by Nasdaq OMX BX, Inc., The Nasdaq Stock Market L.L.C..(Cox, Douglas) (Entered: 06/11/2015)
40
Filed: 6/11/2015, Entered: None
LETTER addressed to Judge Jesse M. Furman from David W. Mitchell dated June 11, 2015 re: Response to the Court's May 13, 2015 Order. Document filed by City of Providence, Rhode Island, Employees' Retirement System of the Government of the Virgin Islands, Forsta AP-fonden, Plumbers and Pipefitters National Pension Fund, State-Boston Retirement System.(Mitchell, David) (Entered: 06/11/2015)
39
Filed: 5/22/2015, Entered: None
REPLY to Response to Motion re: 7 MOTION to Dismiss Second Consolidated Amended Complaint., 15 MOTION to Dismiss Second Consolidated Amended Complaint. Surreply Memorandum in Further Support of Lead Plaintiffs' Omnibus Memorandum of Law in Opposition to Defendants' Motions to Dismiss. Document filed by City of Providence, Rhode Island, Employees' Retirement System of the Government of the Virgin Islands, Forsta AP-fonden, Plumbers and Pipefitters National Pension Fund, State-Boston Retirement System. (Brown, Andrew) (Entered: 05/22/2015)
38
Filed: 5/20/2015, Entered: None
MEMO ENDORSEMENT on re: (37 in 1:14-md-02589-JMF, 275 in 1:14-cv-02811-JMF) Letter, filed by Forsta AP-fonden, Employees' Retirement System of the Government of the Virgin Islands. ENDORSEMENT: Application GRANTED. The surreply may not exceed 5 pages. The Clerk of Court is directed to docket this letter in 14-MD-2589 and 14-CV-2811. (Surreplies due by 5/22/2015.) (Signed by Judge Jesse M. Furman on 5/20/2015) Filed In Associated Cases: 1:14-md-02589-JMF, 1:14-cv-02811-JMF(tn) (Entered: 05/20/2015)
37
Filed: 5/19/2015, Entered: None
LETTER addressed to Judge Jesse M. Furman from Joseph F. Rice dated 05/19/15 re: Permission To Submit a Sur-Reply. Document filed by Employees' Retirement System of the Government of the Virgin Islands, Forsta AP-fonden.Filed In Associated Cases: 1:14-md-02589-JMF, 1:14-cv-02811-JMF(Rice, Joseph) (Entered: 05/19/2015)
ORDER: that the requests for oral argument are hereby GRANTED. The Court will hold argument on all three motions on June 18, 2015, at 10:00 a.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Oral argument will tentatively be divided as further set forth in this order. For each motion, a single lawyer shall argue for each side. No later than June 11, 2015, each side shall file a letter identifying the counsel who will argue each motion. Further, counsel should confer in an effort to coordinate arguments so as to minimize any redundancy between the arguments on the different motions. Set Deadlines/Hearing as to (15 in 1:14-md-02589-JMF) MOTION to Dismiss Second Consolidated Amended Complaint, (7 in 1:14-md-02589-JMF) MOTION to Dismiss Second Consolidated Amended Complaint, (23 in 1:14-md-02589-JMF) MOTION to Dismiss Amended Complaint: Motion Hearing set for 6/18/2015 at 10:00 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 5/13/2015) ***As per chambers, Filed In All Member Cases: 1:14-md-02589-JMF et al.(tn) (Entered: 05/13/2015)
LETTER addressed to Judge Jesse M. Furman from Albert Y. Chang dated May 12, 2015 re: supplemental authority. Document filed by Great Pacific Securities.Filed In Associated Cases: 1:14-md-02589-JMF, 1:15-cv-00168-JMF(Chang, Albert) (Entered: 05/12/2015)
LETTER addressed to Judge Jesse M. Furman from Jeffrey T. Scott dated May 8, 2015 re: Request for Oral Argument. Document filed by Barclays Capital, Inc., Barclays PLC.Filed In Associated Cases: 1:14-md-02589-JMF, 1:15-cv-00168-JMF(Scott, Jeffrey) (Entered: 05/08/2015)
REPLY MEMORANDUM OF LAW in Support re: (23 in 1:14-md-02589-JMF) MOTION to Dismiss Amended Complaint. . Document filed by Barclays Capital, Inc., Barclays PLC. Filed In Associated Cases: 1:14-md-02589-JMF, 1:15-cv-00168-JMF(Scott, Jeffrey) (Entered: 05/08/2015)
LETTER addressed to Judge Jesse M. Furman from Jeffrey T. Scott dated May 8, 2015 re: Request for Oral Argument. Document filed by Barclays Capital, Inc., Barclays Plc.Filed In Associated Cases: 1:14-md-02589-JMF, 1:14-cv-02811-JMF(Scott, Jeffrey) (Entered: 05/08/2015)
REPLY AFFIRMATION of Jeffrey T. Scott in Support re: (15 in 1:14-md-02589-JMF) MOTION to Dismiss Second Consolidated Amended Complaint.. Document filed by Barclays Capital, Inc., Barclays Plc. (Attachments: # 1 Exhibit 1)Filed In Associated Cases: 1:14-md-02589-JMF, 1:14-cv-02811-JMF(Scott, Jeffrey) (Entered: 05/08/2015)
REPLY MEMORANDUM OF LAW in Support re: (15 in 1:14-md-02589-JMF) MOTION to Dismiss Second Consolidated Amended Complaint. . Document filed by Barclays Capital, Inc., Barclays Plc. Filed In Associated Cases: 1:14-md-02589-JMF, 1:14-cv-02811-JMF(Scott, Jeffrey) (Entered: 05/08/2015)
LETTER addressed to Judge Jesse M. Furman from Jessica L. Pahl dated 5/8/2015 re: Request for Oral Argument on Motion to Dismiss. Document filed by Bats Global Markets, Inc., Chicago Stock Exchange, Inc., Direct Edge ECN, LLC, NYSE Arca, Inc., Nasdaq OMX BX, Inc., New York Stock Exchange, LLC, The Nasdaq Stock Market LLC.Filed In Associated Cases: 1:14-md-02589-JMF, 1:14-cv-02811-JMF, 1:14-cv-03133-JMF, 1:14-cv-03608-JMF, 1:14-cv-04321-JMF(Pahl, Jessica) (Entered: 05/08/2015)
REPLY MEMORANDUM OF LAW in Support re: (7 in 1:14-md-02589-JMF) MOTION to Dismiss Second Consolidated Amended Complaint. . Document filed by Bats Global Markets, Inc., Chicago Stock Exchange, Inc., Direct Edge ECN, LLC, NYSE Arca, Inc., Nasdaq OMX BX, Inc., New York Stock Exchange, LLC, The Nasdaq Stock Market LLC. Filed In Associated Cases: 1:14-md-02589-JMF, 1:14-cv-02811-JMF, 1:14-cv-03133-JMF, 1:14-cv-03608-JMF, 1:14-cv-04321-JMF(Pahl, Jessica) (Entered: 05/08/2015)
MEMORANDUM OF LAW in Opposition re: (23 in 1:14-md-02589-JMF) MOTION to Dismiss Amended Complaint. . Document filed by Great Pacific Securities. Filed In Associated Cases: 1:14-md-02589-JMF, 1:15-cv-00168-JMF(Chang, Albert) (Entered: 04/17/2015)
MEMORANDUM OF LAW in Opposition re: 7 MOTION to Dismiss Second Consolidated Amended Complaint., 15 MOTION to Dismiss Second Consolidated Amended Complaint. . Document filed by City of Providence, Rhode Island, Employees' Retirement System of the Government of the Virgin Islands, Forsta AP-fonden, Plumbers and Pipefitters National Pension Fund, State-Boston Retirement System. (Brown, Andrew) (Entered: 03/24/2015)
ORDER: that Plaintiff shall file any amended complaint by April 3, 2015. Plaintiff will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. If Plaintiff does amend, by three (3) weeks after the date on which the amended complaint is filed, Defendants shall: (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying Plaintiff, stating that it relies on the previously filed motion to dismiss. If Defendants file an answer or a new motion to dismiss, the Court will deny the previously filed motion to dismiss as moot. If no amended complaint is filed, Plaintiff shall file any opposition to the motion to dismiss by April 17, 2015 (the date previously set by Order of the Court); Defendants' reply, if any, shall be filed by May 8, 2015. (Amended Pleadings due by 4/3/2015.) Set Deadlines/Hearing as to (23 in 1:14-md-02589-JMF) MOTION to Dismiss Amended Complaint: Responses due by 4/17/2015, Replies due by 5/8/2015. (Signed by Judge Jesse M. Furman on 3/16/2015) Filed In Associated Cases: 1:14-md-02589-JMF, 1:15-cv-00168-JMF (tn) (Entered: 03/16/2015)
MEMORANDUM OF LAW in Support re: 23 MOTION to Dismiss Amended Complaint. . Document filed by Barclays Capital, Inc., Barclays PLC. (Attachments: # 1 Appendix A, # 2 Appendix B)(Scott, Jeffrey) (Entered: 03/13/2015)
ORDER granting 20 Motion for Michael R. Huston to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 01/30/2015)
MOTION for Michael R. Huston to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10544719. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nasdaq OMX BX, Inc..(Huston, Michael) (Entered: 01/29/2015)
ORDER denying as moot (241) Motion to Dismiss; denying as moot (244) Motion to Dismiss in case 1:14-cv-02811-JMF: the previously filed motions to dismiss in those cases are denied as moot. The page limits and briefing schedule listed in Order Number 1 of this MDL shall govern the briefing for Defendants' motions. (See 14-MD-2589, Docket No. 2; 14-CV-2811, Docket No. 232). The Clerk of the Court is directed to terminate 14-CV-2811, Docket Nos. 241 and 244. (Signed by Judge Jesse M. Furman on 1/26/2015) Filed In Associated Cases: 1:14-md-02589-JMF, 1:14-cv-02811-JMF, 1:14-cv-03133-JMF, 1:14-cv-03608-JMF, 1:14-cv-04321-JMF (tn) (Entered: 01/26/2015)
MEMORANDUM OF LAW in Support re: 15 MOTION to Dismiss Second Consolidated Amended Complaint. . Document filed by Barclays Capital, Inc., Barclays PLC. (Attachments: # 1 Appendix A)(Scott, Jeffrey) (Entered: 01/23/2015)
MOTION to Dismiss Second Consolidated Amended Complaint. Document filed by Barclays Capital, Inc., Barclays PLC. Responses due by 3/24/2015(Scott, Jeffrey) (Entered: 01/23/2015)
NOTICE OF APPEARANCE by John Joseph Hughes, III on behalf of Barclays Capital Inc, Barclays Capital, Inc.. Filed In Associated Cases: 1:14-md-02589-JMF et al.(Hughes, John) (Entered: 01/23/2015)
NOTICE OF APPEARANCE by Andrew Hunter Reynard on behalf of Barclays Capital Inc, Barclays Capital, Inc.. Filed In Associated Cases: 1:14-md-02589-JMF et al.(Reynard, Andrew) (Entered: 01/23/2015)
NOTICE OF APPEARANCE by Matthew Alexander Schwartz on behalf of Barclays Capital Inc, Barclays Capital, Inc.. Filed In Associated Cases: 1:14-md-02589-JMF et al.(Schwartz, Matthew) (Entered: 01/23/2015)
NOTICE OF APPEARANCE by Brent James McIntosh on behalf of Barclays Capital Inc, Barclays Capital, Inc.. Filed In Associated Cases: 1:14-md-02589-JMF et al.(McIntosh, Brent) (Entered: 01/23/2015)
NOTICE OF APPEARANCE by Jeffrey T. Scott on behalf of Barclays Capital, Inc.. Filed In Associated Cases: 1:14-md-02589-JMF, 1:14-cv-02811-JMF, 1:14-cv-03133-JMF, 1:14-cv-03608-JMF, 1:14-cv-04321-JMF(Scott, Jeffrey) (Entered: 01/23/2015)
MEMORANDUM OF LAW in Support re: 7 MOTION to Dismiss Second Consolidated Amended Complaint. . Document filed by Bats Global Markets, Inc., Chicago Stock Exchange, Inc., Direct Edge ECN, L.L.C., NYSE Arca, Inc., Nasdaq OMX BX, Inc., New York Stock Exchange, L.L.C., The Nasdaq Stock Market L.L.C.. (Attachments: # 1 Appendix Citadel v. CBOE)(Cox, Douglas) (Entered: 01/23/2015)
MOTION to Dismiss Second Consolidated Amended Complaint. Document filed by Bats Global Markets, Inc., Chicago Stock Exchange, Inc., Direct Edge ECN, L.L.C., NYSE Arca, Inc., Nasdaq OMX BX, Inc., New York Stock Exchange, L.L.C., The Nasdaq Stock Market L.L.C.. Responses due by 3/24/2015(Cox, Douglas) (Entered: 01/23/2015)
MEMO ENDORSEMENT on re: (73 in 1:14-cv-03133-JMF, 31 in 1:14-cv-04321-JMF, 64 in 1:14-cv-03608-JMF, 259 in 1:14-cv-02811-JMF, 5 in 1:14-md-02589-JMF, 24 in 1:15-cv-00168-JMF) Letter, filed by Barclays Plc, Barclays Capital Inc, Barclays Capital, Inc., Barclays PLC. ENDORSEMENT: Upon review of the parties' letters, the Court agrees that there is no need or basis for a consolidated complaint. The parties' proposed schedule for amendment of the complaint and motion practice in Great Pacific is hereby GRANTED, as are the proposed page limitations. The Court will not schedule a conference at this time. All other dates and deadlines remain in effect. (Amended Pleadings due by 2/6/2015. Motions due by 3/13/2015. Responses due by 4/17/2015. Replies due by 5/8/2015.) (Signed by Judge Jesse M. Furman on 1/22/2015) As per chambers, filed in all Member Cases: 1:14-md-02589-JMF et al.(tn) (Entered: 01/22/2015)
LETTER addressed to Judge Jesse M. Furman from Jeffrey T. Scott dated January 20, 2015 re: Order No. 1 - Joint Status Letter. Document filed by Barclays PLC, Barclays Capital Inc, Barclays Capital, Inc..Filed In Associated Cases: 1:14-md-02589-JMF et al.(Scott, Jeffrey) (Entered: 01/20/2015)
LETTER addressed to Judge Jesse M. Furman from David W. Mitchell dated 01/20/2015 re: Order No. 1 - Joint Status Letter. Document filed by City of Providence, Rhode Island, Plumbers and Pipefitters National Pension Fund.Filed In Associated Cases: 1:14-md-02589-JMF et al.(Mitchell, David) (Entered: 01/20/2015)
NOTICE OF APPEARANCE by Alexander E. Barnett on behalf of Great Pacific Securities. Filed In Associated Cases: 1:14-md-02589-JMF, 1:15-cv-00168-JMF(Barnett, Alexander) (Entered: 01/16/2015)
ORDER NO. 1: The provisions of this Order shall govern the practice and procedure in the MDL-2589 Cases and any "tag-along" actions later filed in, removed to, or transferred to this Court. The Clerk will send a copy of this Order to counsel for any plaintiffs or newly named defendants in any case newly filed or transferred to this Court. This Order vacates any case management or scheduling order issued by a state or federal court prior to the transfer of a case to MDL-2589. The MDL-2589 Cases are consolidated for pretrial purposes. Any "tag-along" actions later removed to or transferred to this Court, or directly filed in the Southern District of New York, will automatically be consolidated with this action without the necessity of future motions or orders. By order entered November 25, 2014 (No. 14-CV-2811, Docket No. 253), the Court adopted the following briefing schedule: 1. Defendants will move to dismiss no later than January 23, 2015. 2. Plaintiffs' opposition to the motion to dismiss is due by March 24, 2015. 3. Defendants' reply, if any, shall be due no later than May 8, 2015. By order dated October 22, 2014, the Court established page limits for these filings and granted certain parties leave to file separate or supplemental briefs. (No. 14-CV-2811, Docket No. 232). These three orders shall remain in effect and apply to all the MDL-2589 Cases unless and until the Court orders otherwise. All other deadlines are STAYED. Further, any and all pending motions in Great Pacific are denied without prejudice, and will be adjudicated under procedures set forth in this Order and subsequent orders issued by this Court. The parties in the MDL-2589 Cases are directed to confer and, no later than January 20, 2015, file two joint letters not to exceed five single-spaced pages each, as further set forth. All orders, pleadings, motions, and other documents served or filed in MDL-2589 shall bear the caption as further set forth in this order. All papers filed in any of these cases shall be docketed on the master docket and on the docket of each individual case. An attorney need file only one pro hac vice motion, even if he or she is the attorney of record for more than one party. The pro hac vice motion should be filed in the MDL (14-MD-2589), and "spread" to all cases for which the attorney represents a party. The attorney shall be required to pay the pro hac vice fee only one time. (Signed by Judge Jesse M. Furman on 1/12/2015) As per chambers, Filed In Associated Cases: 1:14-md-02589-JMF, 1:14-cv-02811-JMF, 1:14-cv-03133-JMF, 1:14-cv-03608-JMF, 1:14-cv-04321-JMF, 1:15-cv-00168-JMF(tn) (Entered: 01/12/2015)
CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of California and New York, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Jesse M. Furman, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 12/12/2014) (sjo) (Entered: 12/18/2014)