FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE in favor of International Brotherhood of Teamsters Local 705 Pension Fund, Operating Engineers Trust Funds, Sheet Metal Workers' National Pension Fund against Austin Capital Management GP Corp., Austin Capital Management, Ltd., Does 1-100, Keycorp, Rothstein, Kass & Company (Cayman), Rothstein, Kass & Company, P.L.L.C., The Board of Trustees of the Texas Iron Worker' Pension Fund, The Texas Iron Workers' Pension Fund, Victory Capital Management, Inc., Brent A. Martin, Charles W. Riley, David C. Brown, David E. Friedman, James P. Owen, Jay W. Van Ert, Kyle McDaniel, Montgomery Green, Robert Wagner, Ronald J. Dugas. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: 1. This Judgment incorporates by reference the definitions in the Stipulation, and all terms used herein shall have the same meanings as set forth in the Stipulation, unless otherwise set forth herein. (See Order.) (Signed by Judge Thomas P. Griesa on 10/2/2014) (ajs) (Entered: 10/02/2014)
ORDER APPROVING PLAN OF ALLOCATION OF SETTLEMENT PROCEEDS granting 92 Motion for Settlement. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: 1. This Order incorporates by reference the definitions in the Settlement Agreement dated April 10, 2014 (the "Stipulation") and all capitalized terms used, but not defined herein, shall have the same meanings as set forth in the Stipulation as set forth within. (Signed by Judge Thomas P. Griesa on 10/2/2014) (ajs) (Main Document 104 replaced on 10/7/2014) (ajs). (Entered: 10/02/2014)
ORDER AWARDING ATTORNEYS' FEES AND EXPENSES granting 92 Motion for Attorney Fees. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: 1. This Order incorporates by reference the definitions in the Settlement Agreement dated April 10, 2014 (the "Stipulation") and all capitalized terms used, but not defined herein, shall have the same meanings as set forth in the Stipulation. 2. This Court has jurisdiction over the subject matter of this application and all matters relating thereto, including all members of the Investor Class who have not timely and validly requested exclusion. 3. The Court hereby awards Co-Lead Counsel attorneys' fees of 33-1/3% of the Settlement Fund, plus expenses in the amount of $63,553.61, together with the interest earned on both amounts for the same time period and at the same rate as that earned on the Settlement Fund until paid. The Court finds that the amount of fees awarded is appropriate and that the amount of fees awarded is fair and reasonable under the "percentage-of-recovery" method as set forth within. (Signed by Judge Thomas P. Griesa on 10/2/2014) (ajs) (Entered: 10/02/2014)
REPLY MEMORANDUM OF LAW in Support re: 92 MOTION for Settlement and Plan of Allocation of Settlement Proceeds. MOTION for Attorney Fees and Expenses. . Document filed by Russell E. Burns, International Brotherhood of Teamsters Local 705 Pension Fund, Daniel Jackson, Laborers Local 17 Pension Fund, New Mexico Educational Retirement Board, Ronald Palmerick, Pension Trust Fund For Operating Engineers, Sheet Metal Workers' National Pension Fund, Michael J. Sullivan, Texas Treasury Safekeeping Trust Keeping, John Witt. (Rosenfeld, David) (Entered: 09/05/2014)
ORDER: The settlement hearing scheduled for September 12, 2014, is adjourned. The settlement hearing is now scheduled for October 2, 2014, at 11 a.m. So ordered. (Settlement Conference set for 10/2/2014 at 11:00 AM before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 9/2/2014) (ajs) (Entered: 09/02/2014)
DECLARATION of Marc Rifkind Filed on Behalf of Slevin & Hart, P.C. in Support re: 92 MOTION for Settlement and Plan of Allocation of Settlement Proceeds. MOTION for Attorney Fees and Expenses.. Document filed by Russell E. Burns, International Brotherhood of Teamsters Local 705 Pension Fund, Daniel Jackson, Laborers Local 17 Pension Fund, New Mexico Educational Retirement Board, Ronald Palmerick, Pension Trust Fund For Operating Engineers, Sheet Metal Workers' National Pension Fund, Michael J. Sullivan, Texas Treasury Safekeeping Trust Keeping, John Witt. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rosenfeld, David) (Entered: 08/15/2014)
DECLARATION of Michelle C. Yau Filed on Behalf of Cohen Milstein Sellers & Toll, PLLC in Support re: 92 MOTION for Settlement and Plan of Allocation of Settlement Proceeds. MOTION for Attorney Fees and Expenses.. Document filed by Russell E. Burns, International Brotherhood of Teamsters Local 705 Pension Fund, Daniel Jackson, Laborers Local 17 Pension Fund, New Mexico Educational Retirement Board, Ronald Palmerick, Pension Trust Fund For Operating Engineers, Sheet Metal Workers' National Pension Fund, Michael J. Sullivan, Texas Treasury Safekeeping Trust Keeping, John Witt. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Rosenfeld, David) (Entered: 08/15/2014)
DECLARATION of Lee M. Gordon Filed on Behalf of Hagens Berman Sobol Shapiro LLP in Support re: 92 MOTION for Settlement and Plan of Allocation of Settlement Proceeds. MOTION for Attorney Fees and Expenses.. Document filed by Russell E. Burns, International Brotherhood of Teamsters Local 705 Pension Fund, Daniel Jackson, Laborers Local 17 Pension Fund, New Mexico Educational Retirement Board, Ronald Palmerick, Pension Trust Fund For Operating Engineers, Sheet Metal Workers' National Pension Fund, Michael J. Sullivan, Texas Treasury Safekeeping Trust Keeping, John Witt. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Rosenfeld, David) (Entered: 08/15/2014)
DECLARATION of David A. Rosenfeld on Behalf of Robbins Geller Rudman & Dowd LLP in Support re: 92 MOTION for Settlement and Plan of Allocation of Settlement Proceeds. MOTION for Attorney Fees and Expenses.. Document filed by Russell E. Burns, International Brotherhood of Teamsters Local 705 Pension Fund, Daniel Jackson, Laborers Local 17 Pension Fund, New Mexico Educational Retirement Board, Ronald Palmerick, Pension Trust Fund For Operating Engineers, Sheet Metal Workers' National Pension Fund, Michael J. Sullivan, Texas Treasury Safekeeping Trust Keeping, John Witt. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Rosenfeld, David) (Entered: 08/15/2014)
DECLARATION of Carole K. Sylvester on Behalf of Gilardi & Co. LLC in Support re: 92 MOTION for Settlement and Plan of Allocation of Settlement Proceeds. MOTION for Attorney Fees and Expenses.. Document filed by Russell E. Burns, International Brotherhood of Teamsters Local 705 Pension Fund, Daniel Jackson, Laborers Local 17 Pension Fund, New Mexico Educational Retirement Board, Ronald Palmerick, Pension Trust Fund For Operating Engineers, Sheet Metal Workers' National Pension Fund, Michael J. Sullivan, Texas Treasury Safekeeping Trust Keeping, John Witt. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Rosenfeld, David) (Entered: 08/15/2014)
DECLARATION of David A. Rosenfeld and Lee M. Gordon in Support re: 92 MOTION for Settlement and Plan of Allocation of Settlement Proceeds. MOTION for Attorney Fees and Expenses.. Document filed by Russell E. Burns, International Brotherhood of Teamsters Local 705 Pension Fund, Daniel Jackson, Laborers Local 17 Pension Fund, New Mexico Educational Retirement Board, Ronald Palmerick, Pension Trust Fund For Operating Engineers, Sheet Metal Workers' National Pension Fund, Michael J. Sullivan, Texas Treasury Safekeeping Trust Keeping, John Witt. (Rosenfeld, David) (Entered: 08/15/2014)
MEMORANDUM OF LAW in Support re: 92 MOTION for Settlement and Plan of Allocation of Settlement Proceeds. MOTION for Attorney Fees and Expenses. [FEE BRIEF]. Document filed by Russell E. Burns, International Brotherhood of Teamsters Local 705 Pension Fund, Daniel Jackson, Laborers Local 17 Pension Fund, New Mexico Educational Retirement Board, Ronald Palmerick, Pension Trust Fund For Operating Engineers, Sheet Metal Workers' National Pension Fund, Michael J. Sullivan, Texas Treasury Safekeeping Trust Keeping, John Witt. (Rosenfeld, David) (Entered: 08/15/2014)
MEMORANDUM OF LAW in Support re: 92 MOTION for Settlement and Plan of Allocation of Settlement Proceeds. MOTION for Attorney Fees and Expenses. [SETTLEMENT BRIEF]. Document filed by Russell E. Burns, International Brotherhood of Teamsters Local 705 Pension Fund, Daniel Jackson, Laborers Local 17 Pension Fund, New Mexico Educational Retirement Board, Ronald Palmerick, Pension Trust Fund For Operating Engineers, Sheet Metal Workers' National Pension Fund, Michael J. Sullivan, Texas Treasury Safekeeping Trust Keeping, John Witt. (Rosenfeld, David) (Entered: 08/15/2014)
MOTION for Settlement and Plan of Allocation of Settlement Proceeds., MOTION for Attorney Fees and Expenses. Document filed by Russell E. Burns, International Brotherhood of Teamsters Local 705 Pension Fund, Daniel Jackson, Laborers Local 17 Pension Fund, New Mexico Educational Retirement Board, Ronald Palmerick, Pension Trust Fund For Operating Engineers, Sheet Metal Workers' National Pension Fund, Michael J. Sullivan, Texas Treasury Safekeeping Trust Keeping, John Witt.(Rosenfeld, David) (Entered: 08/15/2014)
DECLARATION of Mark T. Freeman Regarding compliance with the class action fairness act. Document filed by Austin Capital Management GP Corp., Austin Capital Management, Ltd., David C. Brown, Ronald J. Dugas, Jay W. Van Ert, David E. Friedman, Montgomery Green, Keycorp, Brent A. Martin, Kyle McDaniel, James P. Owen, Charles W. Riley, Victory Capital Management, Inc., Robert Wagner. (Attachments: # 1 Exhibit, # 2 Exhibit)(Gordon, Harold) (Entered: 07/02/2014)
DECLARATION of Richard J. Bedell, Jr. Regarding Compliance with class action fairness act. Document filed by Austin Capital Management GP Corp., Austin Capital Management, Ltd., David C. Brown, Ronald J. Dugas, Jay W. Van Ert, David E. Friedman, Montgomery Green, Keycorp, Brent A. Martin, Kyle McDaniel, James P. Owen, Charles W. Riley, Robert Wagner. (Attachments: # 1 Exhibit A)(Gordon, Harold) (Entered: 07/02/2014)
ORDER PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR NOTICE. IT IS HEREBY ORDERED: The Court does hereby preliminarily approve the Stipulation and the settlement set forth therein, subject to further consideration at the Settlement Hearing described in this Order. A hearing (the "Settlement Hearing") shall be held before this Court [no less than one hundred (100) days after the filing of the Stipulation], on Sept. 12, 2014, at 11:00 a.m., at the United States District Court for the Southern District of New York. Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York 10007-1312, to determine whether the proposed Classes should be certified on a final basis under Rule 23; whether the proposed settlement of the MDL on the terms and conditions provided for in the Stipulation is fair, reasonable, and adequate and should be approved by the Court; whether a Judgment as provided in Paragraph 1.12 of the Stipulation should be entered; whether the proposed Plan of Allocation should be approved; and whether to approve Co-Lead Counsel's application, if any, for an award of fees and expenses to Plaintiffs' Counsel. The Court may adjourn the Settlement Hearing without further notice to the members of the Classes, and as further set forth. Granting 86 Motion for Settlement. (Signed by Judge Thomas P. Griesa on 5/19/2014) (rjm). (Entered: 05/20/2014)
SETTLEMENT AGREEMENT . Document filed by Russell E. Burns, International Brotherhood of Teamsters Local 705 Pension Fund, Daniel Jackson, Laborers Local 17 Pension Fund, New Mexico Educational Retirement Board, Ronald Palmerick, Pension Trust Fund For Operating Engineers, Sheet Metal Workers' National Pension Fund, Michael J. Sullivan, Texas Treasury Safekeeping Trust Keeping, John Witt. (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit A-3, # 5 Exhibit A-4, # 6 Exhibit A-5, # 7 Exhibit B)(Rosenfeld, David) (Entered: 04/28/2014)
MEMORANDUM OF LAW in Support re: 86 MOTION for Settlement Plaintiffs' Notice of Motion and Unopposed Motion for Preliminary Approval of Settlement. . Document filed by Russell E. Burns, International Brotherhood of Teamsters Local 705 Pension Fund, Daniel Jackson, Laborers Local 17 Pension Fund, New Mexico Educational Retirement Board, Ronald Palmerick, Pension Trust Fund For Operating Engineers, Sheet Metal Workers' National Pension Fund, Michael J. Sullivan, Texas Treasury Safekeeping Trust Keeping, John Witt. (Rosenfeld, David) (Entered: 04/28/2014)
MOTION for Settlement Plaintiffs' Notice of Motion and Unopposed Motion for Preliminary Approval of Settlement. Document filed by Russell E. Burns, International Brotherhood of Teamsters Local 705 Pension Fund, Daniel Jackson, Laborers Local 17 Pension Fund, New Mexico Educational Retirement Board, Ronald Palmerick, Pension Trust Fund For Operating Engineers, Sheet Metal Workers' National Pension Fund, Michael J. Sullivan, Texas Treasury Safekeeping Trust Keeping, John Witt. (Attachments: # 1 Text of Proposed Order Preliminarily Approving Settlement and Providing for Notice)(Rosenfeld, David) (Entered: 04/28/2014)
ORDER FOR ADMISSION PRO HAC VICE granting 84 Motion for Ellen Gusikoff Stewar to Appear Pro Hac Vice. (Signed by Judge Thomas P. Griesa on 4/14/2014) (ajs) (Entered: 04/14/2014)
MOTION for Ellen Gusikoff Stewart to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9548203. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by International Brotherhood of Teamsters Local 705 Pension Fund, New Mexico Educational Retirement Board, Pension Trust Fund For Operating Engineers, Sheet Metal Workers' National Pension Fund, Texas Treasury Safekeeping Trust Keeping. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order for Admission Pro Hac Vice)(Stewart, Ellen) (Entered: 04/09/2014)
ORDER FOR ADMISSION PRO HAC VICE: in case 1:08-cv-11183-TPG; granting (80) Motion for Michelle C. Yau to Appear Pro Hac Vice in case 1:09-md-02075-TPG. The motion of Michelle C. Yau for admission to practice Pro Hac Vice in the above captioned action is granted.(Signed by Judge Thomas P. Griesa on 2/04/2014) Filed In Associated Cases: 1:09-md-02075-TPG et al. (ama) (Entered: 02/04/2014)
ORDER FOR ADMISSION PRO HAC VICE: in case 1:08-cv-11183-TPG; granting (78) Motion for Karen L. Handorf to Appear Pro Hac Vice in case 1:09-md-02075-TPG. The motion of Karen L. Handorf for admission to practice Pro Hac Vice in the above captioned action is granted. (Signed by Judge Thomas P. Griesa on 2/04/2014) Filed In Associated Cases: 1:09-md-02075-TPG et al. (ama) (Entered: 02/04/2014)
OPINION re: #103119 74 MOTION for Reconsideration re; 73 Memorandum & Opinion dated December 21, 2012. MOTION for Reconsideration re; 73 Memorandum & Opinion dated December 21, 2012. filed by Ronald Palmerick, International Brotherhood of Teamsters Local 705 Pension Fund, Texas Treasury Safekeeping Trust Keeping, Pension Trust Fund For Operating Engineers, Laborers Local 17 Pension Fund, Daniel Jackson, Sheet Metal Workers' National Pension Fund, John Witt, Michael J. Sullivan, Russell E. Burns, New Mexico Educational Retirement Board. The entirety of plaintiff's complaint was dismissed with leave to re-plead. Accordingly, plaintiffs motion for reconsideration is denied.(Signed by Judge Thomas P. Griesa on 4/16/2013) (ama) Modified on 4/22/2013 (jab). (Entered: 04/17/2013)
MOTION for Michelle Celia Yau to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-8332575. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Laborers Local 17 Pension Fund.(Yau, Michelle) (Entered: 03/18/2013)
REPLY MEMORANDUM OF LAW in Support re: 74 MOTION for Reconsideration re; 73 Memorandum & Opinion dated December 21, 2012. MOTION for Reconsideration re; 73 Memorandum & Opinion dated December 21, 2012.. Document filed by Russell E. Burns, David E. Friedman, International Brotherhood of Teamsters Local 705 Pension Fund, Daniel Jackson, Laborers Local 17 Pension Fund, New Mexico Educational Retirement Board, Ronald Palmerick, Pension Trust Fund For Operating Engineers, Sheet Metal Workers' National Pension Fund, Michael J. Sullivan, Texas Treasury Safekeeping Trust Keeping, John Witt. (Rosenfeld, David) (Entered: 01/28/2013)
MOTION for Karen L. Handorf to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8168538. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Laborers Local 17 Pension Fund.(Handorf, Karen) (Entered: 01/23/2013)
MEMORANDUM OF LAW in Opposition re: 74 MOTION for Reconsideration re; 73 Memorandum & Opinion dated December 21, 2012. MOTION for Reconsideration re; 73 Memorandum & Opinion dated December 21, 2012.. Document filed by Austin Capital Management GP Corp., Austin Capital Management, Ltd., David C. Brown, Ronald J. Dugas, Jay W. Van Ert, David E. Friedman, Montgomery Green, Keycorp, Brent A. Martin, Kyle McDaniel, James P. Owen, Charles W. Riley, Robert Wagner. (Attachments: # 1 Exhibit A)(Gordon, Harold) (Entered: 01/18/2013)
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the parties, that pending the Court's decision on the plaintiffs' Motion for Partial Reconsideration of the Court's Opinion Dated December 21, 2012, Defendants shall not be required to answer those portions of the Second Amended Consolidated Class Action Complaint that were not dismissed by the Court in its Opinion dated December 21, 2012. SO ORDERED. (Signed by Judge Thomas P. Griesa on 1/07/2013) (ama) (Entered: 01/07/2013)
MEMORANDUM OF LAW in Support re: 74 MOTION for Reconsideration re; 73 Memorandum & Opinion dated December 21, 2012. MOTION for Reconsideration re; 73 Memorandum & Opinion dated December 21, 2012.. Document filed by Russell E. Burns, International Brotherhood of Teamsters Local 705 Pension Fund, Daniel Jackson, Laborers Local 17 Pension Fund, New Mexico Educational Retirement Board, Ronald Palmerick, Pension Trust Fund For Operating Engineers, Sheet Metal Workers' National Pension Fund, Michael J. Sullivan, Texas Treasury Safekeeping Trust Keeping, John Witt. (Attachments: # 1 Exhibit A - April 3, 2012 Letter to Court)(Rosenfeld, David) (Entered: 01/04/2013)
MOTION for Reconsideration re; 73 Memorandum & Opinion dated December 21, 2012. Document filed by Russell E. Burns, International Brotherhood of Teamsters Local 705 Pension Fund, Daniel Jackson, Laborers Local 17 Pension Fund, New Mexico Educational Retirement Board, Ronald Palmerick, Pension Trust Fund For Operating Engineers, Sheet Metal Workers' National Pension Fund, Michael J. Sullivan, Texas Treasury Safekeeping Trust Keeping, John Witt.(Rosenfeld, David) (Entered: 01/04/2013)
OPINION: Counts 1 through 3 and counts 6 through 15 are dismissed. The motion to dismiss is denied with respect to counts 4 and 5. (Signed by Judge Thomas P. Griesa on 12/21/2012) (djc)
73
Filed: 12/21/2012, Entered: None
OPINION: #102728 Counts 1 through 3 and counts 6 through 15 are dismissed. The motion to dismiss is denied with respect to counts 4 and 5. (Signed by Judge Thomas P. Griesa on 12/21/2012) (djc) Modified on 12/27/2012 (jab). (Entered: 12/21/2012)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/4/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:09-md-02075-TPG et al.(McGuirk, Kelly) (Entered: 06/11/2012)
TRANSCRIPT of Proceedings re: CONFERENCE held on 4/4/2012 before Judge Thomas P. Griesa. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/5/2012. Redacted Transcript Deadline set for 7/16/2012. Release of Transcript Restriction set for 9/13/2012.Filed In Associated Cases: 1:09-md-02075-TPG et al.(McGuirk, Kelly) (Entered: 06/11/2012)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/4/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:09-md-02075-TPG et al.(McGuirk, Kelly) (Entered: 05/08/2012)
TRANSCRIPT of Proceedings re: CONFERENCE held on 4/4/2012 before Judge Thomas P. Griesa. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/1/2012. Redacted Transcript Deadline set for 6/11/2012. Release of Transcript Restriction set for 8/9/2012.Filed In Associated Cases: 1:09-md-02075-TPG et al.(McGuirk, Kelly) (Entered: 05/08/2012)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/4/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 04/26/2012)
TRANSCRIPT of Proceedings re: CONFERENCE held on 4/4/2012 before Judge Thomas P. Griesa. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/21/2012. Redacted Transcript Deadline set for 6/1/2012. Release of Transcript Restriction set for 7/30/2012.(McGuirk, Kelly) (Entered: 04/26/2012)
DECLARATION of GEOFFREY J. RITTS in Support re: 54 MOTION to Dismiss the Consolidated Second Amended Class Action Complaint.. Document filed by Austin Capital Management GP Corp., Austin Capital Management, Ltd., David C. Brown, Does 1-100, Ronald J. Dugas, Jay W. Van Ert, David E. Friedman, Montgomery Green, Keycorp, Brent A. Martin, Kyle McDaniel, James P. Owen, Charles W. Riley, Victory Capital Management, Inc., Robert Wagner. (Attachments: # 1 Exhibit A, # 2 Exhibit B Part 1, # 3 Exhibit B Part 2, # 4 Exhibit B Part 3)(Gordon, Harold) (Entered: 03/24/2011)
REPLY MEMORANDUM OF LAW in Support re: 54 MOTION to Dismiss the Consolidated Second Amended Class Action Complaint.. Document filed by Austin Capital Management, Ltd., David C. Brown, Does 1-100, Ronald J. Dugas, Jay W. Van Ert, David E. Friedman, Montgomery Green, Keycorp, Brent A. Martin, Kyle McDaniel, James P. Owen, Charles W. Riley, Rothstein, Kass & Company (Cayman), Rothstein, Kass & Company, P.L.L.C., The Board of Trustees of the Texas Iron Worker' Pension Fund, The Texas Iron Workers' Pension Fund, Victory Capital Management, Inc., Robert Wagner. (Gordon, Harold) (Entered: 03/24/2011)
MANDATE of USCA (Certified Copy) as to 44 Notice of Appeal, filed by Brent A. Martin, Austin Capital Management GP Corp., Austin Capital Management, Ltd., James P. Owen, Charles W. Riley USCA Case Number 09-5199-cv....that the appeal is hereby WITHDRAWN pursuant to Rule 42.1 of the Local Rule. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 03/21/2011. (nd) (Entered: 03/21/2011)
ORDER ON MOTION TO ADMIT COUNSEL PRO HAC VICE granting 60 Motion for Thomas J. Hart to Appear Pro Hac Vice. Thomas J. Hart is admitted to practice pro hac vice as counsel for Plaintiff Sheet Metal Workers' National Pension Fund in this action. (Signed by Judge Thomas P. Griesa on 3/10/2011) (tro) (Entered: 03/14/2011)
ORDER ON MOTION TO ADMIT COUNSEL PRO HAC VICE granting 61 Motion for Marc H. Rifkind to Appear Pro Hac Vice. Marc H. Rifkind is admitted to practice pro hac vice as counsel for Plaintiff Sheet Metal Workers' National Pension Fund in this action. (Signed by Judge Thomas P. Griesa on 3/10/2011) (tro) Modified on 3/14/2011 (tro). (Entered: 03/14/2011)
CERTIFICATE OF SERVICE of Memorandum of Law and David A. Rosenfeld Declaration in Opposition to Defendants' Motion to Dismiss the Consolidated Second Amended Class Action Complaint served on All Counsel registered for ECF service on 2/22/2011. Document filed by International Brotherhood of Teamsters Local 705 Pension Fund, Operating Engineers Trust Funds, Sheet Metal Workers' National Pension Fund. (Rosenfeld, David) (Entered: 02/23/2011)
DECLARATION of David A. Rosenfeld in Opposition re: 54 MOTION to Dismiss the Consolidated Second Amended Class Action Complaint.. Document filed by International Brotherhood of Teamsters Local 705 Pension Fund, Operating Engineers Trust Funds, Sheet Metal Workers' National Pension Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Rosenfeld, David) (Entered: 02/23/2011)
MEMORANDUM OF LAW in Opposition re: 54 MOTION to Dismiss the Consolidated Second Amended Class Action Complaint.. Document filed by International Brotherhood of Teamsters Local 705 Pension Fund, Operating Engineers Trust Funds, Sheet Metal Workers' National Pension Fund. (Rosenfeld, David) (Entered: 02/23/2011)
DECLARATION of Geoffrey J. Ritts in Support re: 54 MOTION to Dismiss the Consolidated Second Amended Class Action Complaint.. Document filed by Austin Capital Management GP Corp., Austin Capital Management, Ltd., David C. Brown, Ronald J. Dugas, Jay W. Van Ert, David E. Friedman, Montgomery Green, Keycorp, Brent A. Martin, Kyle McDaniel, James P. Owen, Charles W. Riley, Robert Wagner. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F Part 1, # 7 Exhibit F Part 2, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J Part 1, # 12 Exhibit J Part 2, # 13 Exhibit K, # 14 Exhibit L Part 1, # 15 Exhibit L Part 2, # 16 Exhibit L Part 3)(Gordon, Harold) (Entered: 12/23/2010)
MEMORANDUM OF LAW in Support re: 54 MOTION to Dismiss the Consolidated Second Amended Class Action Complaint.. Document filed by Austin Capital Management, Ltd., David C. Brown, Ronald J. Dugas, Jay W. Van Ert, David E. Friedman, Montgomery Green, Keycorp, James P. Owen, Charles W. Riley, Victory Capital Management, Inc., Robert Wagner. (Gordon, Harold) (Entered: 12/23/2010)
MOTION to Dismiss the Consolidated Second Amended Class Action Complaint. Document filed by Austin Capital Management, Ltd., David C. Brown, Ronald J. Dugas, Jay W. Van Ert, David E. Friedman, Montgomery Green, Keycorp, Brent A. Martin, Kyle McDaniel, James P. Owen, Charles W. Riley, Victory Capital Management, Inc., Robert Wagner.(Gordon, Harold) (Entered: 12/23/2010)
STIPULATION AND ORDER, by and between the undersigned attorneys for the parties, that, pursuant to Fed. R. Civ. P. l5(a)(2), Defendants do not oppose Plaintiffs' filing of the Second Amended Consolidated Class Action Complaint, a copy of which has been provided to them in advance of its filing. FURTHER THAT, subject to approval by the Court, Defendants shall answer, move to dismiss, or otherwise respond to the Second Amended Consolidated Class Action Complaint within fourteen days after the filing of the Second Amended Consolidated Class Action Complaint. Should Defendants move to dismiss the Second Amended Consolidated Class Action Complaint, Plaintiffs shall oppose such motion within sixty (60) days of the filing of such motion to dismiss, and Defendants shall file their reply within thirty (30) days of Plaintiffs' filing of their opposition. The parties also stipulate and agree to a limitation of fifty (50) pages for the memoranda of law in support of and in opposition to the motion to dismiss and twenty (20) pages for the reply memorandum. FURTHER THAT Defendants do not need to respond to the current Consolidated Amended Class Action Complaint. (Signed by Judge Thomas P. Griesa on 12/15/2010) (lnl) (Entered: 12/15/2010)
STIPULATION AND ORDER: It is hereby stipulated and agreed by and between the parties that pursuant to Fed. R. Civ. P. 15(a)(2), Defendants do not oppose Plaintiffs' filing of the Second Amended Consolidated Class Action Complaint, as set forth in this Stipulation and Order. (Signed by Judge Thomas P. Griesa on 12/13/2010) (jpo) (Entered: 12/13/2010)
CONSOLIDATED SECOND AMENDED COMPLAINT amending 49 Amended Complaint against Austin Capital Management GP Corp., Austin Capital Management, Ltd., Ronald J. Dugas, Jay W. Van Ert, David E. Friedman, Montgomery Green, Brent A. Martin, Kyle McDaniel, James P. Owen, Charles W. Riley, Victory Capital Management, Inc., Robert Wagner.Document filed by Laborers Local 17 Pension Fund, Oerating Engineers Health and Welfare Trust Fund, Daniel Jackson, Russell E. Burns, Pension Trust Fund For Operating Engineers, John Witt, Operating Engineers Pension Plan, Texas Treasury Safekeeping Trust Keeping, New Mexico Educational Retirement Board, Ronald Palmerick, Michael J. Sullivan. Related document: 49 Amended Complaint filed by Steamfitters Local 449 Pension Fund, Phillip Ameris, Laborers District Council of Western Pennsylvania Pension Fund, Plumbers and Pipefitters Union Local 525 Pension Plan, John C. Busse, Construction Industry and Laborers Joint Pension Trust, Richard Peshkin, Joseph Little, Henry Nicholas, Regis R. Claus, Pension Fund for Hospital & Health Care Employees - Philadelphia & Vicinity.(mro) (Additional attachment(s) added on 2/1/2011: # 1 Sec. Amended Comp. Part 2, # 2 Second Amended Comp. Part 3) (ama). (Entered: 12/13/2010)
STIPULATION: It is hereby Stipulated and agreed that the time by which Defendants may move to dismiss the Consolidated Amended Class Action Complaint is extended up to and including 12/10/2010; the time by which Plaintiffs may oppose such motion to dismiss is extended up to and including 2/8/2011; and the time by which defendants may file their reply is extended up to and inlcuding 3/10/2011. The parties also stipulate and agree to a limitation of 50 pages for the memoranda of law in support of and in opposition to the motion to dismiss and 20 pages for the reply memorandum. (Signed by Judge Thomas P. Griesa on 10/20/2010) (jfe) (Entered: 10/20/2010)
CONSOLIDATED AMENDED CLASS ACTION COMPLAINT against Austin Capital Management GP Corp., Austin Capital Management, Ltd., David C. Brown, Does 1-100, Ronald J. Dugas, Jay W. Van Ert, David E. Friedman, Montgomery Green, Keycorp, Brent A. Martin, Kyle McDonald, James P. Owen, Charles W. Riley, Rothstein, Kass & Company (Cayman), Rothstein, Kass & Company, P.L.L.C., Sheet Metal Workers' National Pension Fund, The Board of Trustees of the Texas Iron Worker' Pension Fund, The Texas Iron Workers' Pension Fund, Victory Capital Management, Inc., Robert Wagner with JURY DEMAND.Document filed by Steamfitters Local 449 Pension Fund, Richard Peshkin, Henry Nicholas, Plumbers and Pipefitters Union Local 525 Pension Plan(on behalf of themselves), Joseph Little, Plumbers and Pipefitters Union Local 525 Pension Plan(and all others similarly situated), Pension Fund for Hospital & Health Care Employees - Philadelphia & Vicinity, Laborers District Council of Western Pennsylvania Pension Fund, Construction Industry and Laborers Joint Pension Trust, Phillip Ameris, Regis R. Claus, John C. Busse.(mbe) (rdz). (Entered: 10/13/2010)
TRUE COPY ORDER of USCA as to 44 Notice of Appeal, filed by Brent A. Martin, Austin Capital Management GP Corp., Austin Capital Management, Ltd., James P. Owen, Charles W. Riley USCA Case Number 09-5199-cv. The undersigned counsel for the parties stipulate that the above-captioned case is withdrawn without costs or attorneys' fees and pursuant to Local Rule 42.1. Appellant may reinstate the case by filing written notice with the Clerk, and serving such notice upon the undersigned appellee, by March 18, 2011. The time tolled under FRAP 31.1, if any, begins to run again from the date of appellant's notice to the Clerk. If not timely reinstated, the appeal shall be mandated pursuant to FRAP 41. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 9/28/2010. (nd) (Entered: 09/29/2010)
NOTICE OF CHANGE OF ADDRESS by John K. Grant on behalf of Construction Industry and Laborers Joint Pension Trust. New Address: Robbins Geller Rudman & Robbins LLP, Post Montgomery Center, One Montgomery Street, Suite 1800, San Francisco, CA, US 94104, 415/288-4545. (Grant, John) (Entered: 08/24/2010)
NOTICE of Firm Name Change. Document filed by International Brotherhood of Teamsters Local 705 Pension Fund, Operating Engineers Trust Funds, Sheet Metal Workers' National Pension Fund. (Rudman, Samuel) (Entered: 03/24/2010)
NOTICE OF CHANGE OF ADDRESS by Lee Matthew Gordon on behalf of all plaintiffs. New Address: Hagens Berman Sobol Shapiro: SEATTLE, 1918 8th Avenue, Suite 3300, Seattle, WA, USA 98101, (206)623-7292. (Gordon, Lee) (Entered: 01/29/2010)
NOTICE OF APPEAL from 36 Judgment,. Document filed by Brent A. Martin, James P. Owen, Charles W. Riley, Austin Capital Management GP Corp., Austin Capital Management, Ltd. Montgomery "Buck" Green, Kyle McDaniel, Jay W. Van Ert. Filing fee $ 455.00, receipt number E 708288. This appeal also docketed in consolidated case 09cv7135 on 12/11/2009, DOC # 44. (nd) Modified on 12/17/2009 (nd). (Entered: 12/17/2009)
ORDER FOR ADMISSION PRO HAC VICE UPON WRITTEN MOTION granting 42 Motion for Andrew D. Abramowitz to Appear Pro Hac Vice. (Signed by Judge Thomas P. Griesa on 12/16/09) (rjm) (Entered: 12/16/2009)
MOTION for Andrew D. Abramowitz to Appear Pro Hac Vice. Document filed by Pension Fund for Hospital & Health Care Employees - Philadelphia & Vicinity, Henry Nicholas, Steamfitters Local 449 Pension Fund, Joseph Little, Regis R. Claus, Laborers District Council of Western Pennsylvania Pension Fund, Phillip Ameris, John C. Busse.(rjm) (Entered: 12/14/2009)
ORDER. Pennsylvania Pension Fund plaintiffs' motion for reconsideration under Local Civil Rule 6.3 and Fed. R. Civ. P. 59(e) is denied. denying 30 Motion for Reconsideration re 25 Order of Consolidation. (Signed by Judge Thomas P. Griesa on 12/11/09) (rjm) (Entered: 12/11/2009)
REPLY MEMORANDUM OF LAW in Support re: 30 MOTION for Reconsideration re; 25 Order,,,,,,,,,. MOTION for Reconsideration re; 25 Order,,,,,,,,,.. Document filed by Laborers District Council of Western Pennsylvania Pension Fund. (Lieverman, Theodore) (Entered: 12/04/2009)
DECLARATION of David A. Rosenfeld in Opposition re: 30 MOTION for Reconsideration re; 25 Order,,,,,,,,,. MOTION for Reconsideration re; 25 Order,,,,,,,,,.. Document filed by International Brotherhood of Teamsters Local 705 Pension Fund, Operating Engineers Trust Funds, Sheet Metal Workers' National Pension Fund. (Attachments: # 1 Exhibit A - 10/22/09 transcript, # 2 Exhibit B - 10/21/09 transcript, # 3 Exhibit C (part 1) docket, # 4 Exhibit C (part 2) - docket, # 5 Exhibit D - firm resume)(Rosenfeld, David) (Entered: 11/23/2009)
MEMORANDUM OF LAW in Opposition re: 30 MOTION for Reconsideration re; 25 Order,,,,,,,,,. MOTION for Reconsideration re; 25 Order,,,,,,,,,.. Document filed by International Brotherhood of Teamsters Local 705 Pension Fund, Operating Engineers Trust Funds, Sheet Metal Workers' National Pension Fund. (Rosenfeld, David) (Entered: 11/23/2009)
RESPONSE to Motion re: 30 MOTION for Reconsideration re; 25 Order,,,,,,,,,. MOTION for Reconsideration re; 25 Order,,,,,,,,,.. Document filed by Brent A. Martin, James P. Owen, Charles W. Riley, Austin Capital Management GP Corp., Austin Capital Management, Ltd.. (Bedell, Richard) (Entered: 11/20/2009)
JUDGMENT is rendered in favor of the defendants and against the plaintiffs compelling arbitration and dismissing the action brought by the plaintiffs for declaratory relief (This relates to 09 cv 7135 (TPG) ). (Signed by Judge Thomas P. Griesa on 11/13/09) (Attachments: # 1 notice of right to appeal)Filed In Associated Cases: 1:09-md-02075-TPG, 1:09-cv-07135-TPG(ml) (Entered: 11/16/2009)
MOTION for Louis A. Chaiten to Appear Pro Hac Vice. Document filed by Austin Capital Management, Ltd., Austin Capital Management GP Corp. Filed In Associated Cases: 1:09-md-02075-TPG et al. (rjm) (Entered: 11/12/2009)
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION. IT IS HEREBY ORDERED that Louis A. Chaiten is admitted to practice pro hac vice as counsel for Austin Capital in the above-captioned cases in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. If this action is assigned to the Electronic Case Filing ("ECF") system, counsel shall immediately apply for an ECF password at nysd.uscourts.gov. Counsel shall forward the, pro hac vice fee to the Clerk of the Court. Attorney Louis A. Chaiten for Austin Capital Management, Ltd., Austin Capital Management GP Corp. admitted Pro Hac Vice. (Signed by Judge Thomas P. Griesa on 11/9/09) Filed In Associated Cases: 1:09-md-02075-TPG et al.(rjm) Modified on 11/9/2009 (rjm). (Entered: 11/09/2009)
DECLARATION of Theodore M. Lieverman in Support re: 30 MOTION for Reconsideration re; 25 Order,,,,,,,,,. MOTION for Reconsideration re; 25 Order,,,,,,,,,.. Document filed by Pension Fund for Hospital & Health Care Employees - Philadelphia & Vicinity, Henry Nicholas, Steamfitters Local 449 Pension Fund, Joseph Little, Regis R. Claus, Laborers District Council of Western Pennsylvania Pension Fund, Phillip Ameris, John C. Busse. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Lieverman, Theodore) (Entered: 11/05/2009)
MEMORANDUM OF LAW in Support re: 30 MOTION for Reconsideration re; 25 Order,,,,,,,,,. MOTION for Reconsideration re; 25 Order,,,,,,,,,.. Document filed by Pension Fund for Hospital & Health Care Employees - Philadelphia & Vicinity, Henry Nicholas, Steamfitters Local 449 Pension Fund, Joseph Little, Regis R. Claus, Laborers District Council of Western Pennsylvania Pension Fund, Phillip Ameris, John C. Busse. (Lieverman, Theodore) (Entered: 11/05/2009)
MOTION for Reconsideration re; 25 Order,,,,,,,,,. Document filed by Pension Fund for Hospital & Health Care Employees - Philadelphia & Vicinity, Henry Nicholas, Steamfitters Local 449 Pension Fund, Joseph Little, Regis R. Claus, Laborers District Council of Western Pennsylvania Pension Fund, Phillip Ameris, John C. Busse. (Attachments: # 1 Certificate of Service)(Lieverman, Theodore) (Entered: 11/05/2009)
BRIEF Reply in Support of Emergency Motion for a Temporary Stay of Arbitration (09-cv-7135-TPG). Document filed by Austin Capital Management, Ltd..(Bedell, Richard) (Entered: 11/05/2009)
ORDER GRANTING APPLICATION OF MARC I. MACHIZ FOR ADMISSION PRO HAC VICE granting (166) Motion for Marc I. Machiz to Appear Pro Hac Vice in case 1:08-cv-11183-TPG; granting (38) Motion for Marc I. Machiz to Appear Pro Hac Vice in case 1:09-cv-03614-TPG; granting (27) Motion for Marc I. Machiz to Appear Pro Hac Vice in case 1:09-md-02075-TPG; granting (15) Motion for Marc I. Machiz to Appear Pro Hac Vice in case 1:09-cv-07134-TPG; granting (28) Motion for Marc I. Machiz to Appear Pro Hac Vice in case 1:09-cv-07135-TPG; granting (14) Motion for Marc I. Machiz to Appear Pro Hac Vice in case 1:09-cv-07660-TPG; granting (11) Motion for Marc I. Machiz to Appear Pro Hac Vice in case 1:09-cv-07889-TPG. (Signed by Judge Thomas P. Griesa on 11/2/09) Filed In Associated Cases: 1:09-md-02075-TPG et al.(rjm) (Entered: 11/03/2009)
NOTICE OF MOTION for Marc I. Machiz to Appear Pro Hac Vice. Document filed by Laborers Local 17 Pension Fund. Filed In Associated Cases: 1:09-md-02075-TPG et al.(rjm) (Entered: 11/03/2009)
ORDER OF CONSOLIDATION. NOW THEREFORE IT IS HEREBY ORDERED THAT: 1. Pursuant to Fed. R. Civ. P. 42(a) and Section 21D(a)(3)(B) of the Securities Exchange Act of 1934 ("Exchange Act"), 15 U.S.C. § 78u4(a)(3)(B)(ii), this court finds that these cases should be consolidated for pretrial proceedings. 2. Pursuant to Section 21D(a)(3)(B) of the Exchange Act, 15 U.S.C. § 78u-4(a)(3)(B), Operating Engineers Trust Funds, Sheet Metal Workers' National Pension Fund, and International Brotherhood of Teamsters Local 705 Pension Fund are appointed Lead Plaintiffs, and the law firms of Coughlin Stoia Geller Rudman & Robbins LLP and Hagens Berman Sobel Shapiro LLP are appointed Co-Lead Counsel for plaintiffs. 3. Courtesy copies of all correspondence and filings shall be provided to the assigned judge, Judge Thomas P. Griesa. 4. A copy of this Order shall be placed in the dockets for all the cases listed herein. The Clerk of the Court is directed then to close the docket in 09 Civ. 3614 (TPG), 09 Civ. 7134 (TPG), and 09 Civ. 7135. 5. The Clerk of the Court is directed to sever Count XIV of Richard Peshkin, et aI. v. Tremont Group Holdings, Inc., et al., 08 Civ. 11183, for consolidation with this action. 6. Any document hereinafter filed in connection with the above-captioned cases must be filed under the MDL case number, 09md2075. 7. If a case that arises out of the same subject matter is hereinafter filed in this court or transferred to this court from another court, but the Clerk of the Court has not been informed that it relates to this action, counsel in any of the consolidated cases shall inform the Clerk's Office of any related case that comes to their attention. The Clerk's Office will then notify Judge Griesa, who shall take whatever action is deemed appropriate. 8. As to any case accepted by Judge Griesa as related, the Clerk's Office will consolidate that case with this action unless an objection to such consolidation is duly made and is sustained by the judge. 9. Once the newly-filed or transferred case is consolidated with this action, the Clerk of the Court is directed to close the docket of that newly-filed or transferred case. (Signed by Judge Thomas P. Griesa on 10/22/09) Filed In Associated Cases: 1:09-md-02075-TPG et al.(rjm) (Entered: 10/23/2009)
ORDER FOR ADMISSION PRO HAC VICE ON MOTION. IT IS HEREBY ORDERED that Douglas M. Selwyn, is admitted to practice pro hac vice as counsel for defendants Texas Iron Workers Pension Fund and the Texas Iron Workers Board of Trustees in the above-captioned case. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. If this action is assigned to the Electronic Case Filing (ECF) system, counsel shall immediately apply for an ECF password at nysd.uscourts.gov. Counsel shall forward the pro hac vice fee to the Clerk of Court. granting (28) Motion for Douglas M. Selwyn to Appear Pro Hac Vice in case 1:09-cv-03614-TPG; granting (5) Motion for Douglas M. Selwyn to Appear Pro Hac Vice in case 1:09-cv-07134-TPG; granting (3) Motion for Douglas M. Selwyn to Appear Pro Hac Vice in case 1:09-cv-07660-TPG. (Signed by Judge Thomas P. Griesa on 10/16/09) Filed In Associated Cases: 1:09-md-02075-TPG et al.(rjm) (Entered: 10/19/2009)
ORDER FOR ADMISSION PRO HAC VICE ON MOTION. IT IS HEREBY ORDERED that R. Richard Love, III is admitted to practice pro hac vice as counsel for defendants Texas Iron Workers Pension Fund and the Texas Iron Workers Board of Trustees in the above-captioned case. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. If this action is assigned to the Electronic Case Filing (ECF) system, counsel shall immediately apply for an ECF password at nysd.uscourts.gov. Counsel shall forward the pro hac vice fee to the Clerk of Court. granting (29) Motion for R. Richard Love, III to Appear Pro Hac Vice in case 1:09-cv-03614-TPG; granting (6) Motion for R. Richard Love, III to Appear Pro Hac Vice in case 1:09-cv-07134-TPG; granting (4) Motion for R. Richard Love, III to Appear Pro Hac Vice in case 1:09-cv-07660-TPG. (Signed by Judge Thomas P. Griesa on 10/16/09) Filed In Associated Cases: 1:09-md-02075-TPG et al.(rjm) (Entered: 10/19/2009)
NOTICE OF APPEARANCE by Joel Paul Laitman on behalf of Laborers Local 17 Pension Fund Filed In Associated Cases: 1:09-md-02075-TPG et al.(Laitman, Joel) (Entered: 10/16/2009)
NOTICE OF APPEARANCE by Kenneth Mark Rehns on behalf of Laborers Local 17 Pension Fund Filed In Associated Cases: 1:09-md-02075-TPG et al.(Rehns, Kenneth) (Entered: 09/29/2009)
NOTICE OF APPEARANCE by Christopher Lometti on behalf of Laborers Local 17 Pension Fund Filed In Associated Cases: 1:09-md-02075-TPG et al.(Lometti, Christopher) (Entered: 09/29/2009)
ORDER FOR ADMISSION PRO HAC VICE. IT IS HEREBY ORDERED that John Grant of Coughlin Stoia Geller Rudman & Robbins LLP, 100 Pine Street, Suite 2600, San Francisco, California, telephone number 415/288-4545, fax number 415/288-4534, email address johnkg@csgrr.com, is hereby admitted to practice pro hac vice as counsel for Plaintiff Construction Industry and Laborers Joint Pension Trust in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. If this action is assigned to the Electronic Case Filing (ECF) system, counsel shall immediately apply for an ECF password at nysd.uscourts.gov. Counsel shall forward the pro hac vice fee to the Clerk of the Court. (Signed by Judge Thomas P. Griesa on 9/24/09) Filed In Associated Cases: 1:09-md-02075-TPG et al.(rjm) (Entered: 09/25/2009)
NOTICE OF APPEARANCE by Roy Richard Love, III on behalf of The Board of Trustees of the Texas Iron Worker' Pension Fund, The Texas Iron Workers' Pension Fund (Love, Roy) (Entered: 09/23/2009)
DECLARATION of R. Richard Love, III re: 15 Response, to Plaintiff's Objection to Report and Recommendation. Document filed by The Board of Trustees of the Texas Iron Worker' Pension Fund, The Texas Iron Workers' Pension Fund. (Love, Roy) (Entered: 09/22/2009)
RESPONSE re: 3 Objection (non-motion), Objection (non-motion) to Report & Recommendation of the U.S. Magistrate Judge. Document filed by The Board of Trustees of the Texas Iron Worker' Pension Fund, The Texas Iron Workers' Pension Fund. (Love, Roy) (Entered: 09/22/2009)
ORDER FOR ADMISSION PRO HAC VICE ON MOTION granting (10) Motion for R. Richard Love, III to Appear Pro Hac Vice in case 1:09-md-02075-TPG; granting (9) Motion for R. Richard Love, III to Appear Pro Hac Vice in case 1:09-cv-07135-TPG. (Signed by Judge Thomas P. Griesa on 9/18/09) Filed In Associated Cases: 1:09-md-02075-TPG, 1:09-cv-07135-TPG(rjm) (Entered: 09/18/2009)
ORDER FOR ADMISSION PRO HAC VICE ON MOTION granting (9) Motion for Douglas M. Selwyn to Appear Pro Hac Vice in case 1:09-md-02075-TPG; granting (8) Motion for Douglas M. Selwyn to Appear Pro Hac Vice in case 1:09-cv-07135-TPG. (Signed by Judge Thomas P. Griesa on 9/18/09) Filed In Associated Cases: 1:09-md-02075-TPG, 1:09-cv-07135-TPG(rjm) (Entered: 09/18/2009)
NOTICE OF MOTION for John Grant to Appear Pro Hac Vice. Document filed by Construction Industry and Laborers Joint Pension Trust. Filed In Associated Cases: 1:09-md-02075-TPG et al.(rjm) (Entered: 09/18/2009)
CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-2)... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of other than the SDNY, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Thomas P. Griesa, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 8/27/09) (rjm) (Entered: 09/18/2009)
MOTION for R. Richard Love, III to Appear Pro Hac Vice. Document filed by The Board of Trustees of the Texas Iron Worker' Pension Fund, The Texas Iron Workers' Pension Fund, The Board of Trustees of the Texas Iron Workers' Pension Fund.Filed In Associated Cases: 1:09-md-02075-TPG, 1:09-cv-03614-TPG, 1:09-cv-07134-TPG, 1:09-cv-07135-TPG, 1:09-cv-07660-TPG(rjm) (Entered: 09/16/2009)
MOTION for Douglas M. Selwyn to Appear Pro Hac Vice. Document filed by The Board of Trustees of the Texas Iron Worker' Pension Fund, The Texas Iron Workers' Pension Fund, The Board of Trustees of the Texas Iron Workers' Pension Fund.Filed In Associated Cases: 1:09-md-02075-TPG, 1:09-cv-03614-TPG, 1:09-cv-07134-TPG, 1:09-cv-07135-TPG, 1:09-cv-07660-TPG(rjm) (Entered: 09/16/2009)
ORDER FOR ADMISSION PRO HAC VICE. Attorney John Grant for Construction Industry and Laborers Joint Pension Trust admitted Pro Hac Vice. (Signed by Judge Thomas P. Griesa on 9/15/09) Filed In Associated Cases: 1:09-md-02075-TPG, 1:09-cv-03614-TPG, 1:09-cv-07134-TPG, 1:09-cv-07135-TPG, 1:09-cv-07660-TPG(rjm) (Entered: 09/16/2009)
NOTICE OF APPEARANCE by Theodore M. Lieverman on behalf of Pension Fund for Hospital & Health Care Employees - Philadelphia & Vicinity, Henry Nicholas, Steamfitters Local 449 Pension Fund, Joseph Little, Regis R. Claus, Laborers District Council of Western Pennsylvania Pension Fund, Phillip Ameris, John C. Busse (Lieverman, Theodore) (Entered: 09/15/2009)
CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-1)... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Other than the S.D.N.Y., and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Thomas P. Griesa, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 9/2/2009) (jmi) (Entered: 09/11/2009)
STIPULATION. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys tor the parties, that defendants The Board of Trustees of the Texas Iron Workers' Pension Fund and the Texas Iron Workers' Pension Fund shall have until September 22,2009 to oppose the Austin Capital Plaintiffs' Objections to the Report & Recommendation of the United States Magistrate Judge Regarding The Texas Iron Workers' Pension Fund's Renewed Motion to Compel Arbitration and to Dismiss. (Signed by Judge Thomas P. Griesa on 9/2/09) Filed In Associated Cases: 1:09-md-02075-TPG, 1:09-cv-07135-TPG(rjm) (Entered: 09/10/2009)
NOTICE OF APPEARANCE by Deidre Ann Grossman on behalf of The Board of Trustees of the Texas Iron Worker' Pension Fund, The Texas Iron Workers' Pension Fund (Grossman, Deidre) (Entered: 09/01/2009)
Objection PLAINTIFFS OBJECTIONS TO THE REPORT & RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE REGARDING THE TEXAS IRON WORKERS PENSION FUNDS RENEWED MOTION TO COMPEL ARBITRATION AND TO DISMISS. Document filed by Austin Capital Management, Ltd.. Filed In Associated Cases: 1:09-md-02075-TPG, 1:09-cv-07135-TPG(Gordon, Harold) (Entered: 08/20/2009)
ORDER RENAMING LITIGATION (true certified copy). IT IS THEREFORE ORDERED that this litigation is renamed as IN RE: Austin Capital Management, Ltd., Securities & Employee Retirement Income Security Act (ERISA) Litigation. (Signed by MDL Panel on 8/12/09) (rjm) (Entered: 08/14/2009)
CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the Districts of New York (Southern District), Pennsylvania (Eastern District) C.A. No. 2:09-615, Texas (Western District) C.A. No. 1:09-351, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Thomas P. Griesa, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. IT IS FURTHER ORDERED that the claim against ACM in the Southern District of New York Peshkin consolidated action (count XIV of the operative complaint) which is currently included in MDL No. 2052 proceedings and listed on Schedule A is severed and included in MDL No. 2075 proceedings in this district. IT IS FURTHER ORDERED that this docket is renamed as follows: IN RE: Austin Capital Management, Ltd., Securities & Employee Retirement Income Security Act (ERISA) Litigation. (Signed by MDL Panel on 8/11/09) (rjm) (Entered: 08/14/2009)
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