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 45 |
Filed: 1/7/2016, Entered: None |
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STIPULATION OF DISMISSAL: Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiff Ron Golan and Defendant Deutsche Bank Securities Inc., hereby stipulate that all of his claims in this action are hereby dismissed without prejudice, and that the action is dismissed, with each party bearing its own costs. APPROVED AND SO ORDER THIS 7th DAY OF January, 2016. (Signed by Judge Paul A. Engelmayer on 1/7/2016) (kl) (Entered: 01/07/2016)
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| 44 |
Filed: 12/29/2015, Entered: None |
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OPINION & ORDER: On December 28, 2015, defense counsel submitted via email a settlement agreement ("the Agreement") and proposed stipulation of dismissal with prejudice in this matter arising under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et seq. For the reasons that follow, the Court declines to approve the settlement and directs the parties to submit additional information. In light of this ruling, the parties may proceed in one of the three following ways: 1. The parties may file a revised agreement by January 15, 2016, that addresses the concerns expressed in this order. The parties also shall file a joint letter that (1) describes the bona fides of the dispute and identifies and explains the amount that plaintiff could receive if he prevailed at trial, and (2) explains why the settlement amount and the portion of the settlement allocated to attorneys' fees are fair and reasonable. Plaintiffs counsel also shall submit contemporaneous time records, and information regarding the hourly rate for all attorneys and support staff who have worked on this case; or 2. The parties may file a joint letter by January 15, 2016, indicating their intention to abandon the settlement and to continue litigating this matter; or 3. The parties may stipulate to a dismissal of this case without prejudice, as such settlements do not require Court approval. See Cheeks, 796 F.3d at 201 n. 2. (As further set forth in this Order) (Signed by Judge Paul A. Engelmayer on 12/29/2015) (kl) (Entered: 12/29/2015)
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| 43 |
Filed: 12/11/2015, Entered: None |
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MEMO ENDORSEMENT on re: 42 Letter, filed by Deutsche Bank Securities Inc. ENDORSEMENT: Granted. The Court adjourns the conference scheduled for December 14, 2015, at 10 a.m. The Court directs the parties to file a Stipulation of Dismissal by December 28, 2015. (Case Management Conference set for 12/14/2015 at 10:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 12/11/2015) (kl) (Entered: 12/11/2015)
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| 42 |
Filed: 12/10/2015, Entered: None |
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LETTER addressed to Judge Paul A. Engelmayer from Brendan T. Killeen dated December 10, 2015 re: informing Your Honor that the parties have reached an agreement to resolve this matter.. Document filed by Deutsche Bank Securities Inc..(Killeen, Brendan) (Entered: 12/10/2015)
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| 41 |
Filed: 9/21/2015, Entered: None |
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ORDER: For the reasons stated on the record at today's conference, the deadline for fact discovery in this case is extended from September 30, 2015 to November 16, 2015. The conference previously scheduled for October 30, 2015, at 10:00 a.m., is hereby rescheduled for December 14, 2015, at 10:00 a.m., ( Fact Discovery due by 11/16/2015.), ( Case Management Conference set for 12/14/2015 at 10:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 9/21/2015) (lmb) (Entered: 09/21/2015)
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| 40 |
Filed: 9/15/2015, Entered: None |
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ORDER: Due to a scheduling conflict, the case management conference previously scheduled for September 21, 2015, at 5:00 p.m., is hereby rescheduled for the same day at 4:30 p.m. (Status Conference set for 9/21/2015 at 04:30 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 9/15/2015) (kl) (Entered: 09/15/2015)
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| 39 |
Filed: 8/7/2015, Entered: None |
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ENDORSED LETTER addressed to Judge Paul A. Engelmayer from Kenneth J. Turnbull dated 8/6/2015 re: Request that all discovery be stayed for 45 days and a status conference for 9/21/2015. ENDORSEMENT: Granted. The Court hereby stays discovery from now until September 21, 2015, and schedules a status conference for that day at 5 p.m. However, the parties should not expect any extensions of this 45-day period. In the event the parties do not resolve this matter, they should expect to complete discovery very promptly. (Status Conference set for 9/21/2015 at 05:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 8/7/2015) (kl) (Entered: 08/07/2015)
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| 38 |
Filed: 8/3/2015, Entered: None |
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ORDER withdrawing 27 Motion to Certify Class Plaintiff's Notice of Motion for Court-Authorized Notice Pursuant to 29 U.S.C. § 216(b). On July 31, 2015, plaintiff Ron Golan submitted a letter to inform the Court that he is withdrawing his motion for conditional certification of the collective and for Court-authorized notice pursuant to the Fair Labor Standards Act, 29 U.S.C. § 216(b). Dkt. 37. The Court appreciates this timely notification. Golan's motion is hereby withdrawn (as the caption on this order reflects). In his letter, Golan also proposes a conference with the Court to "discuss the best course in moving forward" in this case. Id. While the Court is open to holding a conference once the parties have met and conferred, Golan's letter suggests that the parties have yet to meaningfully confer to discuss next steps in the case. The parties are therefore directed to confer and to submit a joint letter, by August 6, 2015, setting out each party's proposal-or, ideally, the parties' joint proposal-as to next steps in the case. At that point, the Court will determine whether to hold a conference. The Clerk of Court is respectfully directed to terminate the motion pending at docket number 27. (Signed by Judge Paul A. Engelmayer on 8/3/2015) (kl) (Entered: 08/03/2015)
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| 37 |
Filed: 7/31/2015, Entered: None |
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LETTER addressed to Judge Paul A. Engelmayer from Darnley D. Stewart dated July 31, 2015 re: Withdrawal of Motion for Conditional Certification. Document filed by Ron Golan.(Stewart, Darnley) (Entered: 07/31/2015)
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| 36 |
Filed: 7/23/2015, Entered: None |
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ORDER granting 35 Letter Motion for Extension of Time to File; granting 35 Letter Motion for Extension of Time to File Response/Reply re: 27 MOTION to Certify Class Plaintiff's Notice of Motion for Court-Authorized Notice Pursuant to 29 U.S.C. § 216(b). Granted. Plaintiff's reply brief is due July 31, 2015. (Replies due by 7/31/2015.) (Signed by Judge Paul A. Engelmayer on 7/23/2015) (kl) (Entered: 07/23/2015)
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| 35 |
Filed: 7/22/2015, Entered: None |
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LETTER MOTION for Extension of Time to File addressed to Judge Paul A. Engelmayer from Darnley D. Stewart dated July 22, 2015., LETTER MOTION for Extension of Time to File Response/Reply as to 27 MOTION to Certify Class Plaintiff's Notice of Motion for Court-Authorized Notice Pursuant to 29 U.S.C. § 216(b)., 32 Memorandum of Law in Opposition to Motion, addressed to Judge Paul A. Engelmayer from Darnley D. Stewart dated July 22, 2015. Document filed by Ron Golan.(Stewart, Darnley) (Entered: 07/22/2015)
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| 34 |
Filed: 7/17/2015, Entered: None |
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DECLARATION of JoAnne Duffy in Opposition re: 27 MOTION to Certify Class Plaintiff's Notice of Motion for Court-Authorized Notice Pursuant to 29 U.S.C. § 216(b).. Document filed by Deutsche Bank Securities Inc.. (Killeen, Brendan) (Entered: 07/17/2015)
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| 33 |
Filed: 7/17/2015, Entered: None |
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DECLARATION of Brendan T. Killeen in Opposition re: 27 MOTION to Certify Class Plaintiff's Notice of Motion for Court-Authorized Notice Pursuant to 29 U.S.C. § 216(b).. Document filed by Deutsche Bank Securities Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Killeen, Brendan) (Entered: 07/17/2015)
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| 32 |
Filed: 7/17/2015, Entered: None |
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MEMORANDUM OF LAW in Opposition re: 27 MOTION to Certify Class Plaintiff's Notice of Motion for Court-Authorized Notice Pursuant to 29 U.S.C. § 216(b). . Document filed by Deutsche Bank Securities Inc.. (Killeen, Brendan) (Entered: 07/17/2015)
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| 31 |
Filed: 6/26/2015, Entered: None |
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DECLARATION of Bobby V. Kolev in Support re: 27 MOTION to Certify Class Plaintiff's Notice of Motion for Court-Authorized Notice Pursuant to 29 U.S.C. § 216(b).. Document filed by Ron Golan. (Stewart, Darnley) (Entered: 06/26/2015)
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| 30 |
Filed: 6/26/2015, Entered: None |
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DECLARATION of Ron Golan in Support re: 27 MOTION to Certify Class Plaintiff's Notice of Motion for Court-Authorized Notice Pursuant to 29 U.S.C. § 216(b).. Document filed by Ron Golan. (Attachments: # 1 Exhibit 1)(Stewart, Darnley) (Entered: 06/26/2015)
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| 29 |
Filed: 6/26/2015, Entered: None |
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DECLARATION of Darnley D. Stewart in Support re: 27 MOTION to Certify Class Plaintiff's Notice of Motion for Court-Authorized Notice Pursuant to 29 U.S.C. § 216(b).. Document filed by Ron Golan. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Stewart, Darnley) (Entered: 06/26/2015)
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| 28 |
Filed: 6/26/2015, Entered: None |
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MEMORANDUM OF LAW in Support re: 27 MOTION to Certify Class Plaintiff's Notice of Motion for Court-Authorized Notice Pursuant to 29 U.S.C. § 216(b). . Document filed by Ron Golan. (Stewart, Darnley) (Entered: 06/26/2015)
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| 27 |
Filed: 6/26/2015, Entered: None |
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MOTION to Certify Class Plaintiff's Notice of Motion for Court-Authorized Notice Pursuant to 29 U.S.C. § 216(b). Document filed by Ron Golan.(Stewart, Darnley) (Entered: 06/26/2015)
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| 26 |
Filed: 6/12/2015, Entered: None |
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ORDER granting 25 Letter Motion for Extension of Time. The Court grants plaintiff's extension request, nunc pro tunc. Plaintiff's motion for conditional certification is now due June 26, 2015, and defendant's opposition to that motion is now due July 17, 2015. SO ORDERED. Motions due by 6/26/2015. (Signed by Judge Paul A. Engelmayer on 6/12/2015) (kl) (Entered: 06/12/2015)
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| 25 |
Filed: 6/11/2015, Entered: None |
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LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Darnley D. Stewart dated June 11, 2015. Document filed by Ron Golan.(Stewart, Darnley) (Entered: 06/11/2015)
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| 24 |
Filed: 4/27/2015, Entered: None |
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ANSWER to 22 Amended Complaint,. Document filed by Deutsche Bank Securities Inc..(Killeen, Brendan) (Entered: 04/27/2015)
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| 23 |
Filed: 4/20/2015, Entered: None |
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EXHIBIT TO PLEADING re: 22 Amended Complaint,. Document filed by Ron Golan.(Stewart, Darnley) (Entered: 04/20/2015)
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| 22 |
Filed: 4/17/2015, Entered: None |
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FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE = AMENDED COMPLAINT amending 21 Amended Complaint, 15 Amended Complaint against Deutsche Bank Securities Inc. with JURY DEMAND.Document filed by Ron Golan. Related document: 21 Amended Complaint, filed by Ron Golan, 15 Amended Complaint filed by Ron Golan. (Attachments: # 1 Text of Proposed Order Order Leave To Amend)(Stewart, Darnley) (Entered: 04/17/2015)
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| 21 |
Filed: 4/10/2015, Entered: None |
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FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE SECOND AMENDED COMPLAINT amending 1 Complaint against Deutsche Bank Securities Inc. with JURY DEMAND.Document filed by Ron Golan. Related document: 1 Complaint filed by Ron Golan.(Stewart, Darnley) Modified on 4/13/2015 (cde). (Entered: 04/10/2015)
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| 20 |
Filed: 4/9/2015, Entered: None |
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FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - SECOND AMENDED COMPLAINT amending 1 Complaint against Ron Golan with JURY DEMAND.Document filed by Ron Golan. Related document: 1 Complaint filed by Ron Golan.(Stewart, Darnley) Modified on 4/10/2015 (mqu). (Entered: 04/09/2015)
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| 19 |
Filed: 4/7/2015, Entered: None |
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CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. This case is to be tried to a jury. Amended Pleadings due by 4/9/2015. Motions due by 6/9/2015. Defendant's opposition, if any, shall be due two weeks after the filing of Plaintiff's motion. Fact Discovery due by 9/30/2015. Deposition due by 11/13/2015. Expert Discovery due by 11/13/2015. Counsel for the parties have conferred and their present best estimate of the length of trial is five days. The next Case Management Conference is scheduled for October 30, 2015 at 10 am. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/7/2015) (kl) (Entered: 04/07/2015)
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| 18 |
Filed: 4/6/2015, Entered: None |
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INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Revised Civil Case Management Plan and Scheduling Order Document filed by Deutsche Bank Securities Inc..(Killeen, Brendan) (Entered: 04/06/2015)
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| 17 |
Filed: 4/2/2015, Entered: None |
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ORDER: The Court held the initial conference today in the above-captioned case. The Court granted leave for plaintiff to file a Second Amended Complaint ("SAC") by Thursday, April 9, 2015. If defendant moves to dismiss the SAC, its motion is due May 1, 2015. The Court also directed the parties to submit a revised proposed case management plan by Monday, April 6, 2015, with (1) fact discovery to close by approximately September 9, 2015, and (2) the deadline for plaintiffs anticipated motion for conditional class certification is June 9, 2015, and defendant's opposition, if any, is due two weeks after the filing of plaintiffs motion. (Amended Pleadings due by 4/9/2015. Fact Discovery due by 9/9/2015. Motions due by 6/9/2015.) (Signed by Judge Paul A. Engelmayer on 4/2/2015) (kko) Modified on 4/2/2015 (kko). (Entered: 04/02/2015)
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| 16 |
Filed: 4/1/2015, Entered: None |
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INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Civil Case Management Plan and Scheduling Order Document filed by Deutsche Bank Securities Inc..(Killeen, Brendan) (Entered: 04/01/2015)
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| 15 |
Filed: 4/1/2015, Entered: None |
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AMENDED COMPLAINT amending 1 Complaint against Deutsche Bank Securities Inc. with JURY DEMAND.Document filed by Ron Golan. Related document: 1 Complaint filed by Ron Golan.(Stewart, Darnley) (Entered: 04/01/2015)
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| 14 |
Filed: 3/31/2015, Entered: None |
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LETTER addressed to Judge Paul A. Engelmayer from Brendan T. Killeen dated March 31, 2015 re: Judge Engelmayer's March 11, 2015 Order (Docket No. 11). Document filed by Deutsche Bank Securities Inc..(Killeen, Brendan) (Entered: 03/31/2015)
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| 13 |
Filed: 3/31/2015, Entered: None |
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ORDER: Due to a scheduling conflict, the initial pretrial conference in this case is hereby changed to 2 p.m. on April 2, 2015 (as opposed to 3 p.m. on that day, as originally scheduled). SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/31/2015) (kl) (Entered: 03/31/2015)
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| 12 |
Filed: 3/13/2015, Entered: None |
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SECOND RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent DB USA Corporation (previously doing business as Taunus Corporation), Corporate Parent Deutsche Bank AG, Corporate Parent DB U.S. Financial Markets Holding Corporation for Deutsche Bank Securities Inc.. Document filed by Deutsche Bank Securities Inc..(Killeen, Brendan) (Entered: 03/13/2015)
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| 11 |
Filed: 3/11/2015, Entered: None |
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NOTICE OF INITIAL PRETRIAL CONFERENCE: The Court directs counsel for all parties to appear at an initial pretrial conference with the Court on April 2, 2015, at 3:00 p.m., in Courtroom 1305 at the Thurgood Marshall U.S. Courthouse, 40 Centre Street, New York, New York 10007. (Signed by Judge Paul A. Engelmayer on 3/11/2015) (kl) (Entered: 03/11/2015)
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| 10 |
Filed: 3/11/2015, Entered: None |
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ORDER: On March 10, 2015, defendant filed a motion to dismiss the complaint under Rule 12(b) of the Federal Rules of Civil Procedure. Under Rule 15(a)(l)(B), a plaintiff has twenty-one (21) days after the service of a motion under Rule 12(b) to amend the complaint once as a matter of course. Accordingly, it is hereby ORDERED that plaintiff shall file any amended complaint by April 1, 2015. No further opportunities to amend will be granted. If plaintiff does amend, by April 22, 2015, defendant 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. It is further ORDERED that if no amended complaint is filed, plaintiff shall serve any opposition to the motion to dismiss by April 1, 2015. Defendant's reply, if any, shall be served by April 8, 2015. At the time any reply is served, the moving party shall supply the Court with two (2) courtesy copies of all motion papers by mailing or delivering them to the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York 10007. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/11/2015) (kl) (Entered: 03/11/2015)
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| 9 |
Filed: 3/10/2015, Entered: None |
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MEMORANDUM OF LAW in Support re: 8 MOTION to Dismiss . . Document filed by Deutsche Bank Securities Inc.. (Killeen, Brendan) (Entered: 03/10/2015)
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| 8 |
Filed: 3/10/2015, Entered: None |
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MOTION to Dismiss . Document filed by Deutsche Bank Securities Inc..(Killeen, Brendan) (Entered: 03/10/2015)
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| 7 |
Filed: 3/10/2015, Entered: None |
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FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Deutsche Bank Securities Inc..(Killeen, Brendan) Modified on 3/13/2015 (lb). (Entered: 03/10/2015)
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| 6 |
Filed: 2/11/2015, Entered: None |
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ORDER granting 5 Letter Motion for Extension of Time to Answer. Granted. (Deutsche Bank Securities Inc. answer due 3/10/2015) (Signed by Judge Paul A. Engelmayer on 2/11/2015) (spo) (Entered: 02/11/2015)
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| 5 |
Filed: 2/10/2015, Entered: None |
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LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge Paul A. Engelmayer from Brendan Killeen dated 2/10/2015. Document filed by Deutsche Bank Securities Inc..(Killeen, Brendan) (Entered: 02/10/2015)
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| 4 |
Filed: 2/10/2015, Entered: None |
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NOTICE OF APPEARANCE by Kenneth Joseph Turnbull on behalf of Deutsche Bank Securities Inc.. (Turnbull, Kenneth) (Entered: 02/10/2015)
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| 3 |
Filed: 2/10/2015, Entered: None |
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NOTICE OF APPEARANCE by Brendan Thomas Killeen on behalf of Deutsche Bank Securities Inc.. (Killeen, Brendan) (Entered: 02/10/2015)
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| 2 |
Filed: 1/13/2015, Entered: None |
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CIVIL COVER SHEET filed. (tk) (Entered: 01/14/2015)
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| 1 |
Filed: 1/13/2015, Entered: None |
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COMPLAINT against Deutsche Bank Securities Inc.. (Filing Fee $ 350.00, Receipt Number 01114376)Document filed by Ron Golan.(tk) (Entered: 01/14/2015)
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