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Since this appears to be a very large docket, we will only show 500 entries at at time.
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 377 |
Filed: 2/27/2015, Entered: None |
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NOTICE OF APPEARANCE by Shannon Rose Selden on behalf of Alberto Benbassat, Stephane Benbassat, Gerald J.P. Brady, Genevalor, Benbassat & Cie, Daniel Morrissey, David T. Smith, Thema Asset Management Limited. (Selden, Shannon) (Entered: 02/27/2015)
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| 376 |
Filed: 2/27/2015, Entered: None |
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NOTICE OF APPEARANCE by Joseph P. Moodhe on behalf of Alberto Benbassat, Stephane Benbassat, Gerald J.P. Brady, Genevalor, Benbassat & Cie, Daniel Morrissey, David T. Smith, Thema Asset Management Limited. (Moodhe, Joseph) (Entered: 02/27/2015)
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| 375 |
Filed: 12/1/2014, Entered: None |
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MANDATE of USCA (Certified Copy) as to 364 Notice of Appeal, filed by Korea Exchange Bank, Shmuel Cabilly.IT IS HEREBY ORDERED that the motion by Appellants Shmuel Cabilly and Korea Exchange Bank, to sever their appeal in Docket No. 12-184 from the appeal in lead Docket No. 12-156 (the "Repex Action") and to hold briefing in abeyance pending a decision in the lead docket 12-156 is GRANTED. However, either appellant's brief or a motion to remand must be filed within 30 days of the disposition of the Repex Action. No extensions will be granted and failure to take action will subject the appeal to dismissal without further notice from the court. USCA Case Number 12-184 (con). Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/01/2014. (nd) (Entered: 12/03/2014)
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 374 |
Filed: 8/6/2014, Entered: None |
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MANDATE of USCA (Certified Copy) as to 363 Notice of Appeal, filed by Neville Seymour Davis, 362 Notice of Appeal, filed by Dana Trezziova USCA Case Number 12-156 (L); 12-162(con). Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED in accordance with the opinion of this court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 08/06/2014. (nd) (Entered: 08/06/2014)
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| 373 |
Filed: 6/3/2014, Entered: None |
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MEMO ENDORSED granting 372 Motion to Withdraw as Attorney. Attorney David Elbaum terminated. (Signed by Judge Richard M. Berman on 6/3/2014) (cd) (Entered: 06/03/2014)
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| 372 |
Filed: 5/29/2014, Entered: None |
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MOTION for David Elbaum to Withdraw as Attorney . Document filed by Nigel H. Fielding.(Elbaum, David) (Entered: 05/29/2014)
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| 371 |
Filed: 5/29/2014, Entered: None |
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NOTICE OF APPEARANCE by Theresa Marie Trzaskoma on behalf of Nigel H. Fielding. (Trzaskoma, Theresa) (Entered: 05/29/2014)
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| 370 |
Filed: 10/23/2012, Entered: None |
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NOTICE OF CHANGE OF ADDRESS by Gregory Bradley Linkh on behalf of Neville Seymour Davis. New Address: Glancy Binkow & Goldberg LLP, 77 Water Street, 7th Floor, New York, New York, USA 10005, (646) 722-4180. (Linkh, Gregory) (Entered: 10/23/2012)
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| 370 |
Filed: None, Entered: None |
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| 369 |
Filed: 7/25/2012, Entered: None |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNCE proceeding held on 11/16/10 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: 07/25/2012)
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| 368 |
Filed: 7/25/2012, Entered: None |
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TRANSCRIPT of Proceedings re: confernce held on 11/16/2010 before Judge Richard M. Berman. Court Reporter/Transcriber: Steven Griffing, (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 8/20/2012. Redacted Transcript Deadline set for 8/30/2012. Release of Transcript Restriction set for 10/26/2012.(McGuirk, Kelly) (Entered: 07/25/2012)
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Request |
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| 367 |
Filed: 1/25/2012, Entered: None |
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ENDORSED LETTER addressed to Judge Richard M. Berman from Marco E. Schnab dated 1/23/12 re: Counsel for UniCredit S.p.A. writes in opposition to plaintiff's 1/5/12 request that the Court hold a pre-motion conference for his anticipated motion under Rules 59(e) and/or 60 of the FRCP. ENDORSEMENT: Pl's Davis' application dated 1/5/12 is respectfully denied as moot as an appeal already has been filed to the Court of Appeals. Brookhaven v. Donaldson 2007 WL2319141(SDNY). (Signed by Judge Richard M. Berman on 1/25/2012) (mro) (Entered: 01/25/2012)
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| 366 |
Filed: 1/17/2012, Entered: None |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Argument proceeding held on 11/28/11 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: 01/17/2012)
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| 365 |
Filed: 1/17/2012, Entered: None |
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TRANSCRIPT of Proceedings re: Argument held on 11/28/2011 before Judge Richard M. Berman. Court Reporter/Transcriber: Samuel Mauro, (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 2/10/2012. Redacted Transcript Deadline set for 2/21/2012. Release of Transcript Restriction set for 4/19/2012.(McGuirk, Kelly) (Entered: 01/17/2012)
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Request |
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| 364 |
Filed: 1/11/2012, Entered: None |
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NOTICE OF APPEAL from 351 Order on Motion to Amend/Correct, Order on Motion to Dismiss,,,,,,,,,, 360 Clerk's Judgment,,,,,. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Document filed by Shmuel Cabilly, Korea Exchange Bank. Filing fee $ 455.00, receipt number 0208-7098099. (Bunch, Stephen) (Entered: 01/11/2012)
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| 363 |
Filed: 1/11/2012, Entered: None |
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NOTICE OF APPEAL from 313 Memorandum & Opinion, 356 Order, 351 Order on Motion to Amend/Correct, Order on Motion to Dismiss,,,,,,,,,, 318 Order, 360 Clerk's Judgment,,,,, 312 Order on Motion to Approve,,,,. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Document filed by Neville Seymour Davis. Filing fee $ 455.00, receipt number 0208-7096380. (Bottini, Francis) (Entered: 01/11/2012)
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| 362 |
Filed: 1/10/2012, Entered: None |
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NOTICE OF APPEAL from 351 Order on Motion to Amend/Correct, Order on Motion to Dismiss, 360 Clerk's Judgment. Document filed by Dana Trezziova. Filing fee $ 455.00, receipt number 465401026467. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (tp) (Entered: 01/10/2012)
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| 361 |
Filed: 1/9/2012, Entered: None |
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ENDORSED LETTER addressed to Judge Richard M. Berman from Francis A. Bottini, Jr. dated 1/5/2012 re: We write to request that the Court hold a pre-motion conference for Mr. Davis's anticipated motion under Rule 59(e) and 60 of the Federal Rules of Civil Procedure to amend the December 12, 2011 judgment to request entry of final judgment pursuant to Rule 54(b) as to all Defendants, except Defendants Peter Madoff, Andrew Madoff, and Mark Madoff (the "Madoff Defendants"). ENDORSEMENT: Def response, if any, to be submitted jointly + on or before 1/23/12. (Signed by Judge Richard M. Berman on 1/9/2012) (lmb) (Entered: 01/09/2012)
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| 360 |
Filed: 12/12/2011, Entered: None |
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CLERK'S JUDGMENT That for the reasons stated in the Court's Decisions and Orders dated November 29, 2011 and December 8, 2011, the stay by this Court in its Decision and Order, dated November 29, 2011, with respect to Plaintiff Davis's claims against HSBC Trust, HSBC Securities, and HSBC Holdings is lifted, and such claims are dismissed on the basis of forum non conveniens, as set forth in the November 29, 2011 Decision and Order; Plaintiff Davis's claims against the Madoff Defendants are severed from this consolidated action and stayed; Plaintiffs' claims against Erko, Inc., Windsor IBC, Inc., Infovaleur, Inc., and Eurovaleur, Inc., among other parties, are dismissed for failure to serve and for failure to prosecute; Defendants' motion to dismiss is granted; Plaintiffs Davis and Repex's claims against JPM and BNY are dismissed under SLUSA and, alternatively, the Martin Act; Plaintiffs claims against the remaining Defendants are dismissed based upon forum non conveniens in favor of Ireland (Thema action) and Luxembourg (Herald and Primeo actions); and Plaintiffs' motion to amend their respective amended Complaints is denied as futile; accordingly, these consolidated cases are closed, except as to Plaintiff Davis's claims against the Madoff Defendants, which is placed on the suspense calendar. (Signed by Clerk of Court Ruby Krajick on 12/12/11) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 12/12/2011)
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| 359 |
Filed: 12/9/2011, Entered: None |
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Letter addressed to Judge Richard M. Berman from Michael E. Wiles dated 12/6/2011 re: Counsel for the defendants write in opposition to plaintiffs request to stay dismissal. Document filed by Thema International Fund PLC.(ft) (Entered: 12/09/2011)
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| 358 |
Filed: 12/9/2011, Entered: None |
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Letter addressed to Judge Richard M. Berman from Thomas G. Rafferty dated 12/6/2011 re: Counsel for the defendants write in response to the direction provided in the Court's decision of 11/29/2011. Document filed by JP Morgan Chase & Co., PriceWaterhouseCoopers LLP, Pricewaterhousecoopers (Dublin), Pricewaterhousecoopers Bermuda, Pricewaterhousecoopers International Ltd., Unicredit SPA.(ft) (Entered: 12/09/2011)
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Request |
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| 357 |
Filed: 12/6/2011, Entered: None |
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Letter addressed to Judge Richard M. Berman from Francis A. Bottini, Jr. and Keith F. Park dated 12/2/11 re: Counsel for the plaintiff requests that the Court stay the dismissal order as to the HSBC defendants pending review and consideration of the amended settlement and allow plaintiff Davis to file his motion for preliminary approval of the amended settlement. Document filed by Neville Seymour Davis.(mro) (Entered: 12/09/2011)
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| 356 |
Filed: 12/8/2011, Entered: None |
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DECISION AND ORDER: The stay by this Court in its Decision and Order, dated November 29, 2011, with respect to Plaintiff Davis's claims against HSBC Trust, HSBC Securities, and HSBC Holdings is lifted, and such claims are dismissed on the basis of forum non conveniens, as set forth in the November 29, 2011 Decision and Order. See 2011 WL 5928952, at *10-18 (Signed by Judge Richard M. Berman on 12/08/2011) (ama) (Entered: 12/08/2011)
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| 355 |
Filed: 12/6/2011, Entered: None |
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Letter addressed to Judge Richard J Berman from Evan A Davis dated 12/2/2011 re: The stay of the 11/29/11 order should continue. Document filed by HSBC Bank USA et al.(cd) (Entered: 12/07/2011)
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| 354 |
Filed: 12/5/2011, Entered: None |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Argument proceeding held on 11/28/11 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: 12/05/2011)
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| 353 |
Filed: 12/5/2011, Entered: None |
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TRANSCRIPT of Proceedings re: Argument held on 11/28/2011 before Judge Richard M. Berman. Court Reporter/Transcriber: Samuel Mauro, (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 12/29/2011. Redacted Transcript Deadline set for 1/8/2012. Release of Transcript Restriction set for 3/7/2012.(McGuirk, Kelly) (Entered: 12/05/2011)
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| 352 |
Filed: 11/30/2011, Entered: None |
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Letter addressed to Judge Richard M. Berman from Evan A. Davis dated 11/28/2011 re: counsel writes on behalf of the HSBC Defendants and Lead Plaintiff to jointly advise the Court that the Settling Parties have executed the enclosed Second Amended and Restated Stipulation and Agreement of partial Settlement, dated November 27, 2011. Document filed by HSBC Bank USA, N.A., as a proposed defendant, HSBC Holdings plc, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A., HSBC Securities Services, S.A., Neville Seymour Davis.(djc) (Entered: 11/30/2011)
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| 351 |
Filed: 11/29/2011, Entered: None |
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DECISION & ORDER denying 191 Motion to Amend/Correct ; granting 252 Motion to Dismiss. Defendants motion to dismiss [#252] and Plaintiffs motion to amend [#191] are resolved as follows: Plaintiff Daviss claims against the Madoff Defendants are severed from this consolidated action and stayed; Plaintiffs claims against Erko, Inc., Windsor IBC, Inc., Infovaleur, Inc., and Eurovaleur, Inc., among other parties, are dismissed for failure to serve and for failure to prosecute; Defendants motion to dismiss [#252] is granted; Plaintiffs Davis and Repexs claims against JPM and BNY are dismissed under SLUSA and, alternatively, the Martin Act; Plaintiffs claims against the remaining Defendants are dismissed based upon forum non conveniens in favor of Ireland (Thema action) and Luxembourg (Herald and Primeo actions); and Plaintiffs motion to amend [#191] their respective amended Complaints is respectfully denied as futile. The Courts ruling is stayed temporarily only as it relates to Plaintiff Daviss claims against the HSBC Defendants, as described above. The Clerk of the Court is respectfully requested to close these consolidated cases, except as to (i) Plaintiff Davis's claims against the Madoff Defendants, which the Clerk is directed to place on the suspense calendar; and (ii) (for the time being) Plaintiff Davis's claims against the HSBC Defendants. (Signed by Judge Richard M. Berman on 11/29/2011) (ft) (Entered: 11/29/2011)
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| 350 |
Filed: 11/14/2011, Entered: None |
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ADMINISTRATIVE ORDER: The Court will hold a brief oral argument on Monday, November 28, 2011 at 2:00 p.m. to hear from counsel for Plaintiff Neville Seymour Davis (all other Plaintiffs' and Defendants' counsel have waived oral argument). Davis's counsel will have 15 minutes and Defendants' counsel will have 15 minutes for any response. (Signed by Judge Richard M. Berman on 11/14/2011) (jfe) (Entered: 11/14/2011)
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| 349 |
Filed: 11/11/2011, Entered: None |
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NOTICE OF CHANGE OF ADDRESS by Patryk J. Chudy on behalf of Ernst & Young S.A.. New Address: U.S. Commodity Futures Trading Commission, 140 Broadway, New York, New York, U.S. 10005, 646-746-9700. (Chudy, Patryk) (Entered: 11/11/2011)
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| 348 |
Filed: 10/31/2011, Entered: None |
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NOTICE OF WITHDRAWAL AS COUNSEL OF RECORD: PLEASE TAKE NOTICE that Patryk J. Chudy is hereby withdrawn as counsel of record tor defendant Ernst & Young S.A. ("EY Luxembourg") in the above-captioned action. Mr. Chudy is leaving Orrick Herrington & Sutclifte LLP and has accepted a position in government service. Orrick Herrington & Sutcliffe LLP will continue to act as counsel for EY Luxembourg. (Signed by Judge Richard M. Berman on 10/28/2011) (djc) (Entered: 10/31/2011)
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| 347 |
Filed: 10/31/2011, Entered: None |
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CERTIFICATE OF SERVICE of Brendan Cyr on 10/28/2011, re 343 . Service was made by ECF. Document filed by Bank of Bermuda (Cayman) Limited, Bank of Bermuda (Luxembourg) S.A., Bank of Bermuda Limited, HSBC Bank USA, N.A., as a proposed defendant, HSBC Holdings plc, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A.. (Davis, Evan) (Entered: 10/31/2011)
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| 346 |
Filed: 10/28/2011, Entered: None |
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DECLARATION of Price O. Gielen in Support re: 252 JOINT MOTION to Dismiss.. Document filed by Sonja Kohn. (Gielen, Price) (Entered: 10/28/2011)
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| 345 |
Filed: 10/28/2011, Entered: None |
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DECLARATION of Marco E. Schnabl in Support re: 252 JOINT MOTION to Dismiss.. Document filed by Pioneer Alternative Investment Management Ltd., Pioneer Global Asset Management S.p.A., Unicredit SPA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Schnabl, Marco) (Entered: 10/28/2011)
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Request |
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| 344 |
Filed: 10/28/2011, Entered: None |
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REPLY AFFIDAVIT of Maria A. Barton -- Reply Declaration in Support re: 252 JOINT MOTION to Dismiss.. Document filed by Nigel H. Fielding, Karl E. Kaniak, Alberto LaRocca, Declan Murray, Ursula Radel-Leszcynski, Hannes Saleta, Alfred Simon, Johannes P. Spalek, Hans-Peter Tiefenbacher, Michael Wheaton. (Barton, Maria) (Entered: 10/28/2011)
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Request |
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| 343 |
Filed: 10/28/2011, Entered: None |
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DECLARATION of Evan A. Davis in Support of the HSBC Defendants' Reply in Further Support of the Motion to Dismiss re: 333 Reply Memorandum of Law in Support of Motion,,,,, 252 JOINT MOTION to Dismiss.. Document filed by Bank of Bermuda (Cayman) Limited, Bank of Bermuda (Luxembourg) S.A., Bank of Bermuda Limited, HSBC Bank USA, N.A., as a proposed defendant, HSBC Holdings plc, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Davis, Evan) (Entered: 10/28/2011)
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| 342 |
Filed: 10/28/2011, Entered: None |
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DECLARATION of Lewis J. Liman re: 333 Reply Memorandum of Law in Support of Motion,,,,, 252 JOINT MOTION to Dismiss.. Document filed by The Bank of New York Mellon. (Liman, Lewis) (Entered: 10/28/2011)
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| 341 |
Filed: 10/28/2011, Entered: None |
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REPLY to Response to Motion re: 252 JOINT MOTION to Dismiss. ("Supplemental Attorney Declaration of Antony L. Ryan in Further Support of the PwC Defendants' Motion to Dismiss"). Document filed by PriceWaterhouseCoopers LLP, Pricewaterhousecoopers (Dublin), Pricewaterhousecoopers Bermuda, Pricewaterhousecoopers International Ltd.. (Attachments: # 1 Exhibit 1)(Ryan, Antony) (Entered: 10/28/2011)
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| 340 |
Filed: 10/28/2011, Entered: None |
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REPLY to Response to Motion re: 252 JOINT MOTION to Dismiss. Reply Declaration of Brett S. Moore In Further Support of Herald Lux's Motion to Dismiss. Document filed by Herald (LUX), Messrs. Ferdinand Burg and Carlo Reding, the Court Appointed Liquidators for Herald (LUX). (Attachments: # 1 Exhibit A)(Moore, Brett) (Entered: 10/28/2011)
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| 339 |
Filed: 10/28/2011, Entered: None |
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REPLY AFFIRMATION of Franklin B. Velie in Support re: 252 JOINT MOTION to Dismiss.. Document filed by UniCredit Bank Austria AG. (Velie, Franklin) (Entered: 10/28/2011)
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| 338 |
Filed: 10/28/2011, Entered: None |
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CERTIFICATE OF SERVICE. Document filed by Ernst & Young (Cayman). (Weinstein, Marc) (Entered: 10/28/2011)
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Request |
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| 337 |
Filed: 10/28/2011, Entered: None |
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REPLY to Response to Motion re: 252 JOINT MOTION to Dismiss. Reply Declaration of James C. Dugan on Behalf of William Fry. Document filed by William Fry. (Dugan, James) (Entered: 10/28/2011)
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Request |
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| 336 |
Filed: 10/28/2011, Entered: None |
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REPLY to Response to Motion re: 252 JOINT MOTION to Dismiss. Reply Declaration of Marc A. Weinstein in Further Support of the Ernst & Young Defendant's Motion to Dismiss the Complaints and in Opposition to Plaintiffs' Motion for Leave to Amend the Complaints. Document filed by Ernst & Young (Cayman). (Attachments: # 1 Exhibit A)(Weinstein, Marc) (Entered: 10/28/2011)
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| 335 |
Filed: 10/28/2011, Entered: None |
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REPLY to Response to Motion re: 252 JOINT MOTION to Dismiss. Reply Declaration of Joseph Serino, Jr.. Document filed by Herald USA Fund, Franco Mugnai, Friedrich Pfeffer. (Serino, Joseph) (Entered: 10/28/2011)
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| 334 |
Filed: 10/28/2011, Entered: None |
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REPLY to Response to Motion re: 252 JOINT MOTION to Dismiss. Reply Declaration of Patricia M. Hynes on Behalf of JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., J.P. Morgan Securities LLC and J.P. Morgan Securities Ltd.. Document filed by JP Morgan Chase & Co.. (Hynes, Patricia) (Entered: 10/28/2011)
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| 333 |
Filed: 10/28/2011, Entered: None |
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REPLY MEMORANDUM OF LAW in Support re: 252 JOINT MOTION to Dismiss. and in Opposition to Plaintiffs' Motion for Leave To Amend Complaints. Document filed by Bank Austria Creditanstalt, Bank of Bermuda (Cayman) Limited, Bank of Bermuda (Luxembourg) S.A., Bank of Bermuda Limited, Alberto Benbassat, Stephane Benbassat, Gerald J.P. Brady, Ernst & Young (Cayman), Ernst & Young Global Limited, Ernst & Young S.A., Nigel H. Fielding, William Fry, Genevalor, Benbassat & Cie, HSBC Bank USA, N.A., as a proposed defendant, HSBC Holdings plc, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A., Herald (LUX), Herald USA Fund, JP Morgan Chase & Co., Karl E. Kaniak, Sonja Kohn, Alberto LaRocca, Messrs. Ferdinand Burg and Carlo Reding, the Court Appointed Liquidators for Herald (LUX), Daniel Morrissey, Franco Mugnai, Declan Murray, Friedrich Pfeffer, Pioneer Alternative Investment Management Ltd., Pioneer Global Asset Management S.p.A., PriceWaterhouseCoopers LLP, Pricewaterhousecoopers (Dublin), Pricewaterhousecoopers Bermuda, Pricewaterhousecoopers International Ltd., Ursula Radel-Leszcynski, Hannes Saleta, Alfred Simon, David T. Smith, Johannes P. Spalek, The Bank of New York Mellon, Thema Asset Management Limited, Thema International Fund PLC, Hans-Peter Tiefenbacher, UniCredit Bank Austria AG, Unicredit SPA, Michael Wheaton. (Saltzstein, Susan) (Entered: 10/28/2011)
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| 332 |
Filed: 10/24/2011, Entered: None |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 8/12/2011 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: 10/24/2011)
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| 331 |
Filed: 10/24/2011, Entered: None |
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TRANSCRIPT of Proceedings re: Conference held on 8/12/2011 before Judge Richard M. Berman. Court Reporter/Transcriber: Pamela Utter, (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 11/17/2011. Redacted Transcript Deadline set for 11/28/2011. Release of Transcript Restriction set for 1/25/2012.(McGuirk, Kelly) (Entered: 10/24/2011)
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Request |
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| 330 |
Filed: 10/24/2011, Entered: None |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 9/7/11 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: 10/24/2011)
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| 329 |
Filed: 10/24/2011, Entered: None |
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TRANSCRIPT of Proceedings re: Conference held on 9/7/2011 before Judge Richard M. Berman. Court Reporter/Transcriber: Karen Gorlaski, (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 11/17/2011. Redacted Transcript Deadline set for 11/28/2011. Release of Transcript Restriction set for 1/25/2012.(McGuirk, Kelly) (Entered: 10/24/2011)
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| 328 |
Filed: 10/3/2011, Entered: None |
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NOTICE OF CHANGE OF ADDRESS by Keith Martin Fleischman on behalf of Unicredit SPA. New Address: The Fleischman Law Firm, 565 Fifth Avenue, 7th Floor, New York, NY, USA 10017, 212-880-9571. (Fleischman, Keith) (Entered: 10/03/2011)
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| 327 |
Filed: 9/30/2011, Entered: None |
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DECLARATION of Thomas Lowe QC in Opposition re: 252 JOINT MOTION to Dismiss.. Document filed by Shmuel Cabilly, Neville Seymour Davis, Repex Ventures S.A. (Attachments: # 1 Exhibit A, # 2 Exhibit TL1 Part 1, # 3 Exhibit TL1 Part 2)(Bunch, Stephen) (Entered: 09/30/2011)
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Request |
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| 326 |
Filed: 9/30/2011, Entered: None |
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DECLARATION of Michel Molitor in Opposition re: 252 JOINT MOTION to Dismiss.. Document filed by Shmuel Cabilly, Neville Seymour Davis, Repex Ventures S.A. (Attachments: # 1 Exhibit 1)(Bunch, Stephen) (Entered: 09/30/2011)
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Request |
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| 325 |
Filed: 9/30/2011, Entered: None |
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DECLARATION of Jarlath Ryan in Opposition re: 252 JOINT MOTION to Dismiss.. Document filed by Shmuel Cabilly, Neville Seymour Davis, Repex Ventures S.A. (Bunch, Stephen) (Entered: 09/30/2011)
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| 324 |
Filed: 9/30/2011, Entered: None |
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DECLARATION of S. Douglas Bunch in Opposition re: 252 JOINT MOTION to Dismiss.. Document filed by Shmuel Cabilly, Neville Seymour Davis, Repex Ventures S.A. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Bunch, Stephen) (Entered: 09/30/2011)
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| 323 |
Filed: 9/30/2011, Entered: None |
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MEMORANDUM OF LAW in Opposition re: 252 JOINT MOTION to Dismiss.. Document filed by Shmuel Cabilly, Neville Seymour Davis, Repex Ventures S.A. (Bunch, Stephen) (Entered: 09/30/2011)
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Request |
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| 322 |
Filed: 9/26/2011, Entered: None |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 9/7/11 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: 09/26/2011)
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| 321 |
Filed: 9/26/2011, Entered: None |
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TRANSCRIPT of Proceedings re: Conference held on 9/7/2011 before Judge Richard M. Berman. Court Reporter/Transcriber: Karen Gorlaski, (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 10/20/2011. Redacted Transcript Deadline set for 10/31/2011. Release of Transcript Restriction set for 12/29/2011.(McGuirk, Kelly) (Entered: 09/26/2011)
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Request |
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| 320 |
Filed: 9/16/2011, Entered: None |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 9/7/11 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: 09/16/2011)
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| 319 |
Filed: 9/16/2011, Entered: None |
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TRANSCRIPT of Proceedings re: Conference held on 9/7/2011 before Judge Richard M. Berman. Court Reporter/Transcriber: Karen Gorlaski, (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 10/10/2011. Redacted Transcript Deadline set for 10/20/2011. Release of Transcript Restriction set for 12/19/2011.(McGuirk, Kelly) (Entered: 09/16/2011)
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Request |
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| 318 |
Filed: 9/15/2011, Entered: None |
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DECISION & ORDER: For the reasons set forth above, Davis's motion for preliminary approval of the (Revised) Proposed Partial Settlement [#234] is respectfully denied without prejudice. (Signed by Judge Richard M. Berman on 9/15/2011) (djc) (Entered: 09/15/2011)
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| 317 |
Filed: 9/12/2011, Entered: None |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a court conference proceeding held on 9/6/2011 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...(laq) (Entered: 09/13/2011)
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| 316 |
Filed: 9/12/2011, Entered: None |
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TRANSCRIPT of Proceedings re: court conference held on 9/6/2011 before Magistrate Judge Henry B. Pitman. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 10/6/2011. Redacted Transcript Deadline set for 10/17/2011. Release of Transcript Restriction set for 12/15/2011.(laq) (Entered: 09/13/2011)
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Request |
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| 315 |
Filed: 9/13/2011, Entered: None |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 8/12/11 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: 09/13/2011)
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| 314 |
Filed: 9/13/2011, Entered: None |
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TRANSCRIPT of Proceedings re: Conference held on 8/12/2011 before Judge Richard M. Berman. Court Reporter/Transcriber: Pamela Utter, (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 10/7/2011. Redacted Transcript Deadline set for 10/17/2011. Release of Transcript Restriction set for 12/15/2011.(McGuirk, Kelly) (Entered: 09/13/2011)
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Request |
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| 313 |
Filed: 9/8/2011, Entered: None |
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ORDER: that plaintiffs' application to compel discovery is denied. (Signed by Magistrate Judge Henry B. Pitman on 9/7/2011) (ft) (Entered: 09/08/2011)
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| 310 |
Filed: 9/2/2011, Entered: None |
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ORDER: The parties are hereby directed to appear before the Court for a brief conference on Wednesday, September 7, 2011 at 3:00 p.m., in Courtroom 21B of the United States Courthouse, 500 Pearl Street, New York, New York. ( Status Conference set for 9/7/2011 at 03:00 PM before Judge Richard M. Berman.) (Signed by Judge Richard M. Berman on 9/1/2011) (mro) (Entered: 09/02/2011)
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| 309 |
Filed: 8/23/2011, Entered: None |
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Letter addressed to Judge Richard M. Berman from Michael E. Wiles dated 8/19/2011 re: I understand that our submission did not arrive at the Court prior to the noon deadline mentioned in the Court's order and I also understand that our submission failed to include the attachment that was referenced. I apologize for any inconvenience this has caused and I ask the Court to accept this filing and to excuse our errors in getting the complete package to the Court. (lmb) Modified on 8/30/2011 (lmb). (Entered: 08/30/2011)
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Request |
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| 308 |
Filed: 8/23/2011, Entered: None |
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Letter addressed to Judge Richard M. Berman from Michael E. Wiles dated 8/19/2011 re: I am writing on behalf of Thema International Fund plc ("Thema") and certain other defendants. We have comments on the amended settlement papers filed by Plaintiff Neville Seymour Davis ("Davis") and various HSBC entities (collectively, "HSBC"). (lmb) Modified on 8/30/2011 (lmb). (Entered: 08/30/2011)
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Request |
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| 307 |
Filed: 8/26/2011, Entered: None |
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Letter addressed to Judge Richard M. Berman from Evan A. Davis dated 8/22/2011 re: I respectfully request leave to submit this letter on behalf of the HSBC Defendants in brief response to certain new arguments made in the letters of August 19, 2011, on behalf of Thema International Fund plc ("Thema"), PricewaterhouseCoopers Ireland ("PwC Ireland") and the other defendants that have objected to the motion for preliminary approval of the Settlement. Document filed by HSBC Holdings plc, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A.(lmb) (Entered: 08/30/2011)
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Request |
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| 306 |
Filed: 8/23/2011, Entered: None |
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LETTER: addressed to Judge Richard M. Berman from Michael E. Wiles dated 8/19/2011 re: Counsel writes on behalf of thema International Fund Plc and certain other defendants. Counsel have the following comments on the amended settlement papers filed by Plaintiff Neville Seymour Davis and various HSBC entities.. (js) (Entered: 08/26/2011)
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Request |
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| 305 |
Filed: 8/23/2011, Entered: None |
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Letter addressed to Judge Richard M. Berman from Evan A. Davis dated 8/18/11 re: Counsel for the HSBC defendants write to supplement their previous submissions in support of the motion for preliminary approval of the settlement, pursuant to the Court's Order of 8/12/11. Document filed by HSBC Holdings plc, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A.(mro) (Entered: 08/25/2011)
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Request |
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| 304 |
Filed: 8/23/2011, Entered: None |
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Letter addressed to Judge Richard M. Berman from Thomas G. Rafferty dated 8/19/2011 re: Counsel for the defendant requests that the Motion for Preliminary Approval of the proposed settlement in its current form be denied, or that the Court schedule a hearing on the motion at which PwC Ireland may present its objection. Document filed by Pricewaterhousecoopers (Dublin). (ft) (Entered: 08/24/2011)
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| 303 |
Filed: 8/12/2011, Entered: None |
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ORDER, that if, in light of the Amended and Restated Stipulation and Agreement of Partial Settlement, entered into on August 11, 2011 between Neville Seymour Davis ("Davis") and HSBC Holdings plc, HSBC Securities Services (Ireland) Ltd., HSBC Institutional Trust Services (Ireland) Ltd., and HSBC Bank USA, N.A. [# 302], any party wishes to supplement its previous written submission relating to Davis's motion for preliminary approval of the Settlement, dated June 17, 2011 [# 234}, it may do so in a letter submission of up to 5 pages (double spaced) served and hand delivered to the Court on or before Friday, August 19, 2011 (noon). (Signed by Judge Richard M. Berman on 8/12/11) (pl) Modified on 8/12/2011 (pl). (Entered: 08/12/2011)
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| 302 |
Filed: 8/12/2011, Entered: None |
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Letter addressed to Judge Berman from Evan A. Davis dated August 11, 2011 re: Jointly advising the Court of modifications to the Settlement. Document filed by Neville Seymour Davis, HSBC Holdings plc, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A., HSBC Securities Services, S.A. [See document # 234, MOTION to Approve Approval of Partial Settlement. Document filed by Neville Seymour Davis. (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit A-3, # 5 Exhibit A-4, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F-1)(Chang, Albert) (Entered: 06/21/2011)] (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit A-3, # 4 Exhibit B, # 5 Exhibit C)(ad) (Entered: 08/12/2011)
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| 301 |
Filed: 8/5/2011, Entered: None |
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ORDER FOR ADMISSION OF PATRICE L. BISHOP PRO HAC VICE ON WRITTEN MOTION: granting 300 Motion for Patrice L. Bishop to Appear Pro Hac Vice as counsel for Lead Plaintiff Repex Ventures S.A. (Signed by Judge Richard M. Berman on 8/5/2011) (mbe) (Entered: 08/05/2011)
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| 300 |
Filed: 8/4/2011, Entered: None |
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MOTION for Patrice L. Bishop to Appear Pro Hac Vice. Document filed by Repex Ventures S.A.(pgu) (Entered: 08/04/2011)
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| 299 |
Filed: 8/4/2011, Entered: None |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a argument proceeding held on 7/21/11 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: 08/04/2011)
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| 298 |
Filed: 8/4/2011, Entered: None |
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TRANSCRIPT of Proceedings re: argument held on 7/21/2011 before Judge Richard M. Berman. Court Reporter/Transcriber: Kristen Carannante, (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 8/29/2011. Redacted Transcript Deadline set for 9/8/2011. Release of Transcript Restriction set for 11/7/2011.(McGuirk, Kelly) (Entered: 08/04/2011)
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Request |
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| 297 |
Filed: 7/29/2011, Entered: None |
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ORDER, The Court is interested in hearing whether Plaintiff Neville Seymour Davis ("Davis") and Defendants HSBC Holdings pie, HSBC Securities Services (Ireland) Ltd., HSBC Institutional Trust Services (Ireland) Ltd., and proposed defendant HSBC Bank USA, N.A. (collectively, "HSBC Defendants") are willing and able to revise the proposed Stipulation and Agreement of Partial Settlement, dated June 7, 2011 ("Proposed Settlement"), so that it is considerably less conditional than currently. The Court is open to a further conference or Davis and the HSBC Defendants can advise the Court by joint letter on or before Wednesday, August 10, 2011 whether these conditions may be modified. (Signed by Judge Richard M. Berman on 7/29/11) (pl) (Entered: 07/29/2011)
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| 296 |
Filed: 7/18/2011, Entered: None |
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Letter addressed to Judge Richard M. Berman from Evan A. Davis dated 7/11/2011 re: request that oral argument on the motion for preliminary approval of the settlement be heard before July 25, 2011, if convenient for the Court. Document filed by HSBC Holdings plc, HSBC Securities Services (Ireland) Ltd.(lmb) (Entered: 07/18/2011)
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Request |
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| 295 |
Filed: 7/18/2011, Entered: None |
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Letter addressed to Judge Richard M. Berman from Timothy J. Burke dated 7/6/2011 re: request for a pre-motion conference for Repex's anticipated motion for an order that either defendant HSBC or Lead Plaintiff for investors in the Thema Fund, Neville Seymour Davis, produce a copy of the so-called "confirmatory discovery", described in Paragraph K of the Stipulation and Partial Settlement between Davis and HSBC. Document filed by HSBC Holdings plc, HSBC Securities Services (Ireland) Ltd.(lmb) (Entered: 07/18/2011)
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Request |
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| 294 |
Filed: 7/18/2011, Entered: None |
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Letter addressed to Judge Richard M. Berman from Francis A. Bottini, Jr. dated 6/17/2011 re: Mr. Davis requests that the Court grant his request to file Exhibit E under seal. Document filed by Neville Seymour Davis.(lmb) (Entered: 07/18/2011)
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Request |
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| 293 |
Filed: 7/18/2011, Entered: None |
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Letter addressed to Judge Richard M. Berman from Francis A. Bottini, Jr. dated 6/30/2011 re: Counsel for lead plaintiff Neville Seymour Davis writes to inform the Court the following defendants Thema Benbassats' have engaged in unauthorized communications. Mr. Davis intends to move for an order enjoining Thema's and the Benbassats' unauthorized communications regarding the Settlement; compelling Thema and the Benbassats to produce a copy of all communications they have sent to class members regarding the Settlement; and requiring Thema and the Benbassats to pay the cost of any ameliorative notice to Thema Class members. Document filed by Neville Seymour Davis.(lmb) (Entered: 07/18/2011)
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Request |
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| 292 |
Filed: 7/15/2011, Entered: None |
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ENDORSED LETTER addressed to Judge Richard M. Berman from Michael E. Wiles dated 7/13/2011 re: Counsel for Thelma International Fund plc writes to raise three points in connection with the pending motion by Mr. Davis for preliminary approval of a settlement stipulation with defendants HSBC Institutional Trust Services (Ireland) Limited, HSBC Securities Services (Ireland) Limited, HSBC Holdings plc and HSBC Bank USA, N.A. ENDORSEMENT: It would be helpful to have the Irish court pleadings since they appear to pertain to this settlement. No need for a sur-reply at this time. (Signed by Judge Richard M. Berman on 7/15/2011) (tro) (Entered: 07/18/2011)
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| 291 |
Filed: 7/15/2011, Entered: None |
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ORDER: Status Conference set for 7/21/2011 at 09:15 AM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Richard M. Berman. We will discuss briefly the recent letters submitted to the Court in relation to Plaintiff Neville Seymour Davis's motion, dated 6/17/2011 [#234], for preliminary approval of partial settlement. (Signed by Judge Richard M. Berman on 7/15/2011) (tro) (Entered: 07/18/2011)
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| 290 |
Filed: 7/11/2011, Entered: None |
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DECLARATION of Francis A. Bottini, Jr. in Support re: 234 MOTION to Approve Approval of Partial Settlement.. Document filed by Neville Seymour Davis. (Attachments: # 1 Exhibit Ex. 1, # 2 Exhibit Ex. 2)(Bottini, Francis) (Entered: 07/11/2011)
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Request |
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| 289 |
Filed: 7/11/2011, Entered: None |
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REPLY MEMORANDUM OF LAW in Support re: 234 MOTION to Approve Approval of Partial Settlement.. Document filed by Neville Seymour Davis. (Bottini, Francis) (Entered: 07/11/2011)
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| 288 |
Filed: 7/11/2011, Entered: None |
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DECLARATION of Evan A. Davis, dated July 11, 2011 re: 234 MOTION to Approve Approval of Partial Settlement.. Document filed by HSBC Bank USA, N.A., as a proposed defendant, HSBC Holdings plc, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd.. (Attachments: # 1 Certificate of Service)(Davis, Evan) (Entered: 07/11/2011)
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Request |
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| 287 |
Filed: 7/11/2011, Entered: None |
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REPLY re: 234 MOTION to Approve Approval of Partial Settlement. /HSBC Defendants' Reply to Objections to Preliminary Approval of Partial Settlement, dated July 11, 2011. Document filed by HSBC Bank USA, N.A., as a proposed defendant, HSBC Holdings plc, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd.. (Attachments: # 1 Certificate of Service)(Davis, Evan) (Entered: 07/11/2011)
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Request |
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| 286 |
Filed: 7/8/2011, Entered: None |
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Herald USA Fund.(Serino, Joseph) (Entered: 07/08/2011)
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| 285 |
Filed: 7/8/2011, Entered: None |
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ORDER granting 283 Motion for James I. Jaconette to Appear Pro Hac Vice for Lead Plaintiffs.. (Signed by Judge Richard M. Berman on 7/7/11) (cd) (Entered: 07/08/2011)
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| 284 |
Filed: 6/30/2011, Entered: None |
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MOTION for Keith F. Park to Appear Pro Hac Vice. Document filed by Neville Seymour Davis.(pgu) (Entered: 07/06/2011)
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| 283 |
Filed: 6/30/2011, Entered: None |
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MOTION for James I. Jaconette to Appear Pro Hac Vice. Document filed by Neville Seymour Davis.(pgu) (Entered: 07/06/2011)
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| 282 |
Filed: 7/6/2011, Entered: None |
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ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Keith Farmer Park for Schmuel Cabilly, Keith Farmer Park for Shmuel Cabilly admitted Pro Hac Vice. (Signed by Judge Richard M. Berman on 7/5/11) (laq) (Entered: 07/06/2011)
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| 281 |
Filed: 6/30/2011, Entered: None |
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DECLARATION of Michael E. Wiles in Opposition re: 234 MOTION to Approve Approval of Partial Settlement.. Document filed by Alberto Benbassat, Stephane Benbassat, Gerald J.P. Brady, Genevalor, Benbassat & Cie, Daniel Morrissey, David T. Smith, Thema Asset Management Limited, Thema International Fund PLC. (Attachments: # 1 Exhibit A to Wiles Declaration, # 2 Exhibit B (Part 1 of 2) to Wiles Declaration, # 3 Exhibit B (Part 2 of 2) to Wiles Declaration, # 4 Exhibit C to Wiles Declaration, # 5 Exhibit D to Wiles Declaration, # 6 Exhibit E to Wiles Declaration, # 7 Exhibit F (Part 1 of 3) to Wiles Declaration, # 8 Exhibit F (Part 2 of 3) to Wiles Declaration, # 9 Exhibit F (Part 3 of 3) to Wiles Declaration, # 10 Exhibit G (Part 1 of 2) to Wiles Declaration, # 11 Exhibit G (Part 2 of 2) to Wiles Declaration, # 12 Exhibit H to Wiles Declaration, # 13 Exhibit I to Wiles Declaration, # 14 Exhibit J to Wiles Declaration)(Wiles, Michael) (Entered: 06/30/2011)
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Request |
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| 280 |
Filed: 6/30/2011, Entered: None |
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JOINDER to join re: 279 Response in Opposition to Motion,,, UniCredit S.p.A.. Document filed by Unicredit SPA.(Fleischman, Keith) (Entered: 06/30/2011)
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Request |
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| 279 |
Filed: 6/30/2011, Entered: None |
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RESPONSE in Opposition re: 234 MOTION to Approve Approval of Partial Settlement. / Objection by Certain Defendants to Motion for Preliminary Approval of Partial Settlement, filed on behalf of Alberto Benbassat, Stephane Benbassat, Gerald J.P. Brady, Genevalor, Benbassat & Cie, Daniel Morrissey, David T. Smith, Thema Asset Management Limited, Thema International Fund plc, PricewaterhouseCoopers Ireland, PricewaterhouseCoopers LLP, PricewaterhouseCoopers, Chartered Accountants, a Bermuda partnership, PricewaterhouseCoopers International Limited, William Fry, JPMorgan Chase & Co. and UniCredit S.p.A.. Document filed by Alberto Benbassat, Stephane Benbassat, Gerald J.P. Brady, Genevalor, Benbassat & Cie, Daniel Morrissey, David T. Smith, Thema Asset Management Limited, Thema International Fund PLC. (Moodhe, Joseph) (Entered: 06/30/2011)
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Request |
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| 278 |
Filed: 6/30/2011, Entered: None |
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DECLARATION of Timothy J. Burke in Opposition re: 234 MOTION to Approve Approval of Partial Settlement.. Document filed by Repex Ventures S.A. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Burke, Timothy) (Entered: 06/30/2011)
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Request |
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| 277 |
Filed: 6/30/2011, Entered: None |
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MEMORANDUM OF LAW in Opposition re: 234 MOTION to Approve Approval of Partial Settlement.. Document filed by Repex Ventures S.A. (Burke, Timothy) (Entered: 06/30/2011)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 276 |
Filed: 6/30/2011, Entered: None |
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ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney James I Jaconette for Herald Asset Management Limited admitted Pro Hac Vice as counsel for Lead Plaintiff in the above-captioned case in the United States District Court for the Southern District of New York. Additional relief as set forth in this Order.. (Signed by Judge Richard M. Berman on 6/30/11) (pl) Modified on 6/30/2011 (pl). (Entered: 06/30/2011)
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Request |
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| 275 |
Filed: 6/30/2011, Entered: None |
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DECLARATION of Marco E. Schnabl in Support re: 252 JOINT MOTION to Dismiss.. Document filed by Pioneer Alternative Investment Management Ltd., Pioneer Global Asset Management S.p.A., Unicredit SPA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Schnabl, Marco) (Entered: 06/30/2011)
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Request |
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| 274 |
Filed: 6/30/2011, Entered: None |
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DECLARATION of Antony L. Ryan in Support re: 252 JOINT MOTION to Dismiss.. Document filed by PriceWaterhouseCoopers LLP, Pricewaterhousecoopers (Dublin), Pricewaterhousecoopers Bermuda, Pricewaterhousecoopers International Ltd.. (Attachments: # 1 Exhibit 1 (Part 1 of 3), # 2 Exhibit 1 (Part 2 of 3), # 3 Exhibit 1 (Part 3 of 3), # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit A)(Ryan, Antony) (Entered: 06/30/2011)
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Request |
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| 273 |
Filed: 6/30/2011, Entered: None |
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pricewaterhousecoopers (Dublin).(Ryan, Antony) (Entered: 06/30/2011)
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|
Request |
|
|
|
| 272 |
Filed: 6/29/2011, Entered: None |
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|
DECLARATION of Michael E. Wiles in Support re: 252 JOINT MOTION to Dismiss.. Document filed by Alberto Benbassat, Stephane Benbassat, Gerald J.P. Brady, Genevalor, Benbassat & Cie, Daniel Morrissey, David T. Smith, Thema Asset Management Limited, Thema International Fund PLC. (Attachments: # 1 Exhibit A to Wiles Declaration, # 2 Exhibit B to Wiles Declaration, # 3 Exhibit C to Wiles Declaration, # 4 Exhibit D to Wiles Declaration, # 5 Exhibit E to Wiles Declaration, # 6 Exhibit F to Wiles Declaration, # 7 Exhibit G to Wiles Declaration, # 8 Exhibit H to Wiles Declaration, # 9 Exhibit I to Wiles Declaration, # 10 Exhibit J to Wiles Declaration, # 11 Exhibit K to Wiles Declaration, # 12 Exhibit L to Wiles Declaration, # 13 Exhibit M to Wiles Declaration)(Wiles, Michael) (Entered: 06/29/2011)
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|
Request |
|
|
|
| 271 |
Filed: 6/29/2011, Entered: None |
|
|
DECLARATION of Evan A. Davis in Support of the HSBC Defendants' Motion to Dismiss, Dated June 29, 2011 Re 252 . Document filed by Bank of Bermuda (Cayman) Limited, Bank of Bermuda (Luxembourg) S.A., Bank of Bermuda Limited, HSBC Bank USA, N.A., as a proposed defendant, HSBC Holdings plc, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 2-A, # 4 Exhibit 2-B, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 4-A, # 8 Exhibit 5, # 9 Exhibit 5-A, # 10 Exhibit 6, # 11 Exhibit 7, # 12 Exhibit 8, # 13 Exhibit 9, # 14 Exhibit 10, # 15 Exhibit 11, # 16 Certificate of Service)(Davis, Evan) (Entered: 06/29/2011)
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|
Request |
|
|
|
| 270 |
Filed: 6/29/2011, Entered: None |
|
|
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pricewaterhousecoopers International Ltd..(Hunter, Fraser) (Entered: 06/29/2011)
|
|
Request |
|
|
|
| 269 |
Filed: 6/29/2011, Entered: None |
|
|
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Document filed by Bank of Bermuda (Cayman) Limited, Bank of Bermuda (Luxembourg) S.A., Bank of Bermuda Limited, HSBC Holdings plc, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A., HSBC Bank USA, N.A., as a proposed defendant.(Davis, Evan) (Entered: 06/29/2011)
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|
Request |
|
|
|
| 268 |
Filed: 6/29/2011, Entered: None |
|
|
DECLARATION of Franklin B. Velie in Support re: 252 JOINT MOTION to Dismiss.. Document filed by UniCredit Bank Austria AG. (Velie, Franklin) (Entered: 06/29/2011)
|
|
Request |
|
|
|
| 267 |
Filed: 6/29/2011, Entered: None |
|
|
DECLARATION of Maria A. Barton in Support re: 252 JOINT MOTION to Dismiss.. Document filed by Nigel H. Fielding, Karl E. Kaniak, Alberto LaRocca, Declan Murray, Ursula Radel-Leszcynski, Hannes Saleta, Alfred Simon, Johannes P. Spalek, Hans-Peter Tiefenbacher, Michael Wheaton. (Barton, Maria) (Entered: 06/29/2011)
|
|
Request |
|
|
|
| 266 |
Filed: 6/29/2011, Entered: None |
|
|
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying UniCredit S.p.A. as Corporate Parent. Document filed by UniCredit Bank Austria AG.(Kortmansky, Jonathan) (Entered: 06/29/2011)
|
|
Request |
|
|
|
| 265 |
Filed: 6/29/2011, Entered: None |
|
|
DECLARATION of Price O. Gielen in Support re: 252 JOINT MOTION to Dismiss.. Document filed by Sonja Kohn. (Gielen, Price) (Entered: 06/29/2011)
|
|
Request |
|
|
|
| 264 |
Filed: 6/29/2011, Entered: None |
|
|
FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Antony L. Ryan in Support re: 252 JOINT MOTION to Dismiss. Document filed by PriceWaterhouseCoopers LLP, Pricewaterhousecoopers (Dublin), Pricewaterhousecoopers Bermuda, Pricewaterhousecoopers International Ltd.. (Attachments: # 1 Exhibit 1 - Declaration of Mark Sanfey (Part 1 of 3), # 2 Exhibit 1 - Declaration of Mark Sanfey (Part 2 of 3), # 3 Exhibit 1 - Declaration of Mark Sanfey (Part 3 of 3), # 4 Exhibit 2 - Declaration of Vincent MacMahon, # 5 Exhibit 3 - Declaration of Anthony Weldon, # 6 Exhibit A to Declaration of Anthony Weldon)(Ryan, Antony) Modified on 6/30/2011 (db). (Entered: 06/29/2011)
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|
Request |
|
|
|
| 263 |
Filed: 6/29/2011, Entered: None |
|
|
DECLARATION of Ferdinand Burg, Joint Liquidator of Herald Lux Sicav in Support re: 252 JOINT MOTION to Dismiss.. Document filed by Herald (LUX), Messrs. Ferdinand Burg and Carlo Reding, the Court Appointed Liquidators for Herald (LUX). (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Moore, Brett) (Entered: 06/29/2011)
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|
Request |
|
|
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| 262 |
Filed: 6/29/2011, Entered: None |
|
|
DECLARATION of James C. Dugan in Support re: 252 JOINT MOTION to Dismiss.. Document filed by William Fry. (Dugan, James) (Entered: 06/29/2011)
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|
Request |
|
|
|
| 261 |
Filed: 6/29/2011, Entered: None |
|
|
DECLARATION of Lewis J. Liman in Support re: 252 JOINT MOTION to Dismiss.. Document filed by The Bank of New York Mellon. (Liman, Lewis) (Entered: 06/29/2011)
|
|
Request |
|
|
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| 260 |
Filed: 6/29/2011, Entered: None |
|
|
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying UniCredit S.p.A., as Corporate Parent. Document filed by Pioneer Global Asset Management S.p.A..(Schnabl, Marco) (Entered: 06/29/2011)
|
|
Request |
|
|
|
| 259 |
Filed: 6/29/2011, Entered: None |
|
|
DECLARATION of Marc A. Weinstein in Support re: 252 JOINT MOTION to Dismiss.. Document filed by Ernst & Young (Cayman). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Certificate of Service)(Weinstein, Marc) (Entered: 06/29/2011)
|
|
Request |
|
|
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| 258 |
Filed: 6/29/2011, Entered: None |
|
|
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Document filed by The Bank of New York Mellon.(Liman, Lewis) (Entered: 06/29/2011)
|
|
Request |
|
|
|
| 257 |
Filed: 6/29/2011, Entered: None |
|
|
FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Marco E. Schnabl in Support re: 252 JOINT MOTION to Dismiss. Document filed by Pioneer Alternative Investment Management Ltd., Pioneer Global Asset Management S.p.A., Unicredit SPA. (Attachments: # 1 Exhibit A Declaration of Roger Yates, # 2 Exhibit B Declaration of William James Tyre Bagnall, # 3 Exhibit C Declaration of Michael Howard, # 4 Exhibit D Declaration of Fabio Trevisan, # 5 Exhibit E Decision in Zutty vs Rye Select)(Schnabl, Marco) Modified on 6/30/2011 (db). (Entered: 06/29/2011)
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Request |
|
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| 256 |
Filed: 6/29/2011, Entered: None |
|
|
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by PriceWaterhouseCoopers LLP.(Carroll, Michael) (Entered: 06/29/2011)
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|
Request |
|
|
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| 255 |
Filed: 6/29/2011, Entered: None |
|
|
DECLARATION of Joseph Serino, Jr. in Support re: 252 JOINT MOTION to Dismiss.. Document filed by Herald USA Fund, Franco Mugnai, Friedrich Pfeffer. (Serino, Joseph) (Entered: 06/29/2011)
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|
Request |
|
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| 254 |
Filed: 6/29/2011, Entered: None |
|
|
DECLARATION of Patricia M. Hynes in Support re: 252 JOINT MOTION to Dismiss.. Document filed by JP Morgan Chase & Co.. (Hynes, Patricia) (Entered: 06/29/2011)
|
|
Request |
|
|
|
| 253 |
Filed: 6/29/2011, Entered: None |
|
|
JOINT MEMORANDUM OF LAW in Support re: 252 JOINT MOTION to Dismiss. and in Opposition to Plaintiffs' Motion for Leave to Amend Complaints. Document filed by Bank Austria Creditanstalt, Bank of Bermuda (Cayman) Limited, Bank of Bermuda (Luxembourg) S.A., Bank of Bermuda Limited, Alberto Benbassat, Stephane Benbassat, Gerald J.P. Brady, Ernst & Young (Cayman), Ernst & Young Global Limited, Ernst & Young S.A., Nigel H. Fielding, William Fry, Genevalor, Benbassat & Cie, HSBC Holdings plc, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A., Herald (LUX), Herald USA Fund, JP Morgan Chase & Co., Karl E. Kaniak, Sonja Kohn, Messrs. Ferdinand Burg and Carlo Reding, the Court Appointed Liquidators for Herald (LUX), Daniel Morrissey, Franco Mugnai, Friedrich Pfeffer, Pioneer Alternative Investment Management Ltd., Pioneer Global Asset Management S.p.A., PriceWaterhouseCoopers LLP, Pricewaterhousecoopers (Dublin), Pricewaterhousecoopers Bermuda, Pricewaterhousecoopers International Ltd., Ursula Radel-Leszcynski, Hannes Saleta, Alfred Simon, David T. Smith, Johannes P. Spalek, The Bank of New York Mellon, Thema Asset Management Limited, Thema International Fund PLC, Hans-Peter Tiefenbacher, Unicredit SPA, Michael Wheaton. (Saltzstein, Susan) (Entered: 06/29/2011)
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|
Request |
|
|
|
| 252 |
Filed: 6/29/2011, Entered: None |
|
|
JOINT MOTION to Dismiss. Document filed by Bank Austria Creditanstalt, Bank of Bermuda (Cayman) Limited, Bank of Bermuda (Luxembourg) S.A., Bank of Bermuda Limited, Alberto Benbassat, Stephane Benbassat, Gerald J.P. Brady, Ernst & Young (Cayman), Ernst & Young Global Limited, Ernst & Young S.A., Nigel H. Fielding, William Fry, Genevalor, Benbassat & Cie, HSBC Holdings plc, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A., Herald (LUX), Herald USA Fund, JP Morgan Chase & Co., Karl E. Kaniak, Sonja Kohn, Daniel Morrissey, Franco Mugnai, Friedrich Pfeffer, Pioneer Alternative Investment Management Ltd., Pioneer Global Asset Management S.p.A., PriceWaterhouseCoopers LLP, Pricewaterhousecoopers (Dublin), Pricewaterhousecoopers Bermuda, Pricewaterhousecoopers International Ltd., Ursula Radel-Leszcynski, Hannes Saleta, Alfred Simon, David T. Smith, Johannes P. Spalek, The Bank of New York Mellon, Thema Asset Management Limited, Thema International Fund PLC, Hans-Peter Tiefenbacher, Unicredit SPA, Michael Wheaton. Responses due by 9/30/2011(Saltzstein, Susan) (Entered: 06/29/2011)
|
|
Request |
|
|
|
| 251 |
Filed: 6/29/2011, Entered: None |
|
|
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ernst & Young (Cayman).(Marshall, Gabrielle) (Entered: 06/29/2011)
|
|
Request |
|
|
|
| 250 |
Filed: 6/29/2011, Entered: None |
|
|
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ernst & Young S.A..(Martin, Richard) (Entered: 06/29/2011)
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|
Request |
|
|
|
| 249 |
Filed: 6/29/2011, Entered: None |
|
|
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pricewaterhousecoopers Bermuda.(Litvack, Sanford) (Entered: 06/29/2011)
|
|
Request |
|
|
|
| 248 |
Filed: 6/29/2011, Entered: None |
|
|
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Genevalor, Benbassat & Cie as Corporate Parent. Document filed by Thema Asset Management Limited.(Wiles, Michael) (Entered: 06/29/2011)
|
|
Request |
|
|
|
| 247 |
Filed: 6/29/2011, Entered: None |
|
|
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ernst & Young Global Limited.(Luk, Arthur) (Entered: 06/29/2011)
|
|
Request |
|
|
|
| 246 |
Filed: 6/29/2011, Entered: None |
|
|
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Genevalor, Benbassat & Cie.(Wiles, Michael) (Entered: 06/29/2011)
|
|
Request |
|
|
|
| 245 |
Filed: 6/29/2011, Entered: None |
|
|
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Thema International Fund PLC.(Wiles, Michael) (Entered: 06/29/2011)
|
|
Request |
|
|
|
| 244 |
Filed: 6/29/2011, Entered: None |
|
|
NOTICE OF APPEARANCE by Hung G. Ta on behalf of Unicredit SPA (Ta, Hung) (Entered: 06/29/2011)
|
|
Request |
|
|
|
| 243 |
Filed: 6/29/2011, Entered: None |
|
|
NOTICE OF APPEARANCE by Keith Martin Fleischman on behalf of Unicredit SPA (Fleischman, Keith) (Entered: 06/29/2011)
|
|
Request |
|
|
|
| 242 |
Filed: 6/29/2011, Entered: None |
|
|
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by JP Morgan Chase & Co..(Hynes, Patricia) (Entered: 06/29/2011)
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|
Request |
|
|
|
| 241 |
Filed: 6/27/2011, Entered: None |
|
|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 6/8/2011 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 06/27/2011)
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|
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| 240 |
Filed: 6/27/2011, Entered: None |
|
|
TRANSCRIPT of Proceedings re: Conference held on 6/8/2011 before Judge Richard M. Berman. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/21/2011. Redacted Transcript Deadline set for 8/1/2011. Release of Transcript Restriction set for 9/29/2011.(McGuirk, Kelly) (Entered: 06/27/2011)
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Request |
|
|
|
| 239 |
Filed: 6/24/2011, Entered: None |
|
|
TRANSCRIPT of Proceedings re: Conference held on 4/26/2011 before Judge Richard M. Berman. 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 7/18/2011. Redacted Transcript Deadline set for 7/28/2011. Release of Transcript Restriction set for 9/26/2011.(McGuirk, Kelly) (Entered: 06/24/2011)
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|
Request |
|
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|
| 238 |
Filed: 6/22/2011, Entered: None |
|
|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 6/8/2011 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 06/22/2011)
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|
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| 237 |
Filed: 6/22/2011, Entered: None |
|
|
TRANSCRIPT of Proceedings re: Conference held on 6/8/2011 before Judge Richard M. Berman. Court Reporter/Transcriber: Vincent Bologna, (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 7/18/2011. Redacted Transcript Deadline set for 7/28/2011. Release of Transcript Restriction set for 9/23/2011.(McGuirk, Kelly) (Entered: 06/22/2011)
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|
Request |
|
|
|
| 236 |
Filed: 6/21/2011, Entered: None |
|
|
DECLARATION of Neville Seymour Davis in Support re: 234 MOTION to Approve Approval of Partial Settlement.. Document filed by Neville Seymour Davis. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Chang, Albert) (Entered: 06/21/2011)
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|
Request |
|
|
|
| 235 |
Filed: 6/21/2011, Entered: None |
|
|
MEMORANDUM OF LAW in Support re: 234 MOTION to Approve Approval of Partial Settlement.. Document filed by Neville Seymour Davis. (Chang, Albert) (Entered: 06/21/2011)
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|
Request |
|
|
|
| 234 |
Filed: 6/21/2011, Entered: None |
|
|
MOTION to Approve Approval of Partial Settlement. Document filed by Neville Seymour Davis. (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit A-3, # 5 Exhibit A-4, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F-1)(Chang, Albert) (Entered: 06/21/2011)
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|
Request |
|
|
|
| 233 |
Filed: 6/17/2011, Entered: None |
|
|
FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #236) - DECLARATION of Neville Seymour Davis in Support re: 231 MOTION to Approve of Partial Settlement.. Document filed by Neville Seymour Davis. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Chang, Albert) Modified on 6/29/2011 (lb). (Entered: 06/17/2011)
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|
Request |
|
|
|
| 232 |
Filed: 6/17/2011, Entered: None |
|
|
FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #235) - MEMORANDUM OF LAW in Support re: 231 MOTION to Approve of Partial Settlement.. Document filed by Neville Seymour Davis. (Chang, Albert) Modified on 6/29/2011 (lb). (Entered: 06/17/2011)
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|
Request |
|
|
|
| 231 |
Filed: 6/17/2011, Entered: None |
|
|
FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #234) - MOTION to Approve of Partial Settlement. Document filed by Neville Seymour Davis. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit A-3, # 4 Exhibit A-4, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F-1)(Chang, Albert) Modified on 6/29/2011 (lb). (Entered: 06/17/2011)
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|
Request |
|
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|
| 230 |
Filed: 6/14/2011, Entered: None |
|
|
Letter addressed to Judge Richard M. Berman from Oren J. Warshavsky dated 6/13/11 re: Counsel writes to seek a pre-motion conference. Document filed by Irving H. Picard, Trustee for the Substantively Consolidated SIPA Liquidation of Bernard L. Madoff Investment Securities LLC. and Bernard L. Madoff. (ft) (Entered: 06/14/2011)
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Request |
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| 229 |
Filed: 6/14/2011, Entered: None |
|
|
ORDER. In light of the motions, pending before United States District Judges Jed S. Rakoff and Colleen McMahon, to dismiss various actions brought by Irving H. Picard, Esq. ("Trustee") for, among other reasons, alleged lack of standing, see, e.g., Picard v. HSBC Bank PLC, No.11 Civ. 763 (Rakoff, J.); Picard v. JP Morgan Chase & Co., 11 Clv. 913 (McMahon, J.), the Court believes it is premature to entertain Trustee Irving H. Picard's request, by letter dated June 13, 2011, for a pre-motion conference to discuss a proposed motion to intervene in the above-captioned matter. This denial is without prejudice. (Signed by Judge Richard M. Berman on 6/14/11) (djc) (Entered: 06/14/2011)
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| 228 |
Filed: 6/6/2011, Entered: None |
|
|
Letter addressed to Judge Richard M. Berman from Marco E. Schnabl dated 6/1/11 re: Counsel writes to express their view regarding the letter dated 5/24/11 from counsel for lead plaintiff Repex Ventures S.A. requesting a pre-motion conference. Document filed by Unicredit SPA.(ft) (Entered: 06/08/2011)
|
|
Request |
|
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|
| 227 |
Filed: 6/3/2011, Entered: None |
|
|
Letter addressed to Judge Richard M. Berman from Patricia Hynes dated 5/31/11 re: In response to the 5/24/11 letter of Repex Ventures. Document filed by JP Morgan Chase & Co.(cd) (Entered: 06/08/2011)
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|
Request |
|
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|
| 226 |
Filed: 6/3/2011, Entered: None |
|
|
Letter addressed to Judge Richard M. Berman from Albert Chang dated 5/25/11 re: In response to Repex Ventures's 5/24/11 letter and that the Court deny Repex's request for a conference. Document filed by Neville Seymour Davis.(cd) (Entered: 06/08/2011)
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|
Request |
|
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| 225 |
Filed: 6/8/2011, Entered: None |
|
|
DECISION AND ORDER: For the above stated reasons, the Court denies Repex's proposed motion for transfer and consolidation and concludes that any further briefing on Repex's motion would be futile. See Oregon Natural Desert Ass'n v. McDaniel. 751 F. Supp. 2d 1151,1157 (D. Or. 2011); Deal v.Hamilton Country Department of Education, No. 01 Civ. 295,2006 WL 2854463, at *23 (E.D.Tenn. 2006). The Court intends to press forward with the current case management schedule in this case. (Signed by Judge Richard M. Berman on 6/8/2011) (js) (Entered: 06/08/2011)
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| 224 |
Filed: 6/8/2011, Entered: None |
|
|
ENDORSED LETTER: addressed to Judge Richard M. Berman from Francis A. Bottini dated 6/7/2011 re: Counsel for Plaintiff writes to request a pre-motion conference for Mr. Davis's Unopposed Motion for Preliminary Approval of Partial settlement. Therefore, Counsel requests that Your Honor schedule a pre-motion conference on the Preliminary Approval motion for June 8, 2011, and thereafter consider transferring the motion to Judge Rakoff as related to Picard v. Repex Ventures S.A.. No. 11-civ-3477(JSR) (S.D.N.Y.), and Picard v. HSBC Bank Plc. No. 11 Civ 763 (JSR) (S.D.N.Y.). ENDORSEMENT: No need for transfer. We can discuss at today's conference. So Ordered. (Signed by Judge Richard M. Berman on 6/8/2011) (js) (Entered: 06/08/2011)
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| 223 |
Filed: 6/8/2011, Entered: None |
|
|
ENDORSED LETTER: addressed to Judge Richard M. Berman from Susan L. Saltzstein dated 6/6/2011 re: Counsel for defendant request that during the upcoming June 8, 2011 conference the Court allow Counsel to address the issues of scheduling and page limits for the joint submission the defendants are preparing in support of their motions to dismiss and in opposition to plaintiffs' April 1, 2011 motion for leave to amend their complaints further. ENDORSEMENT: No need for any delay in briefing schedule, etc. in this case. See Court's rules for page limits. Less is always more in these motions and 100 + pages is out of the question. So Ordered. (Signed by Judge Richard M. Berman on 6/8/2011) (js) (Entered: 06/08/2011)
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|
|
| 222 |
Filed: 6/7/2011, Entered: None |
|
|
NOTICE OF APPEARANCE by Michael E. Wiles on behalf of Alberto Benbassat, Stephane Benbassat, Gerald J.P. Brady, Genevalor, Benbassat & Cie, Daniel Morrissey, David T. Smith, Thema Asset Management Limited, Thema International Fund PLC (Wiles, Michael) (Entered: 06/07/2011)
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|
| 221 |
Filed: 6/1/2011, Entered: None |
|
|
ENDORSED LETTER: addressed to Judge Richard M. Berman from Timothy J. Burke dated 5/31/2011 re: Counsel for plaintiff Repex Ventures S.A. request the opportunity to provide a single written response to the various letters they expect to be filed with the Court on or before June 1, 2011, per the Court's Order (Dkt. #219). ENDORSEMENT: So Ordered. (Signed by Judge Richard M. Berman on 6/1/11) (js) (Entered: 06/02/2011)
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| 220 |
Filed: 5/26/2011, Entered: None |
|
|
NOTICE OF APPEARANCE by Daniel DeCederfelt Adams on behalf of Karl E. Kaniak, Alberto LaRocca, Declan Murray, Ursula Radel-Leszcynski, Hannes Saleta, Alfred Simon, Johannes P. Spalek, Hans-Peter Tiefenbacher (Adams, Daniel) (Entered: 05/26/2011)
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| 219 |
Filed: 5/25/2011, Entered: None |
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ENDORSED LETTER addressed to Judge Richard M. Berman from Timothy J. Burke dated 5/24/11 re: We represent Lead Plaintiff Repex Ventures, S.A. ("Repex") in the above-entitled consolidated securities class action. We write in response to plaintiff Davis' May 23, 2011 letter ("Davis' Letter") claiming that Davis' motion to remove the reference is related to certain other actions in this District, instead of actually being related to the above-entitled action. Repex also writes to request that the Court set a pre-motion conference for Repex's contemplated motion under Rule of Civil Procedure 42 to consolidate five cases currently before two different judges in this District. ENDORSEMENT: Any response to be submitted in a brief (1-2 page letter) by 6/1/11. So ordered. (Signed by Judge Richard M. Berman on 5/25/11) (rjm) (Entered: 05/26/2011)
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| 218 |
Filed: 5/23/2011, Entered: None |
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NOTICE OF CHANGE OF ADDRESS by Albert Yong Chang on behalf of Neville Seymour Davis. New Address: Chapin Fitzgerald Sullivan & Bottini LLP, 550 West C Street, Suite 2000, San Diego, CA, United States 92101, (619) 241-4810. (Chang, Albert) (Entered: 05/23/2011)
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| 217 |
Filed: 5/18/2011, Entered: None |
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CERTIFICATE OF SERVICE. Service was accepted by Stephane Benbassat. Document filed by Neville Seymour Davis. (Linkh, Gregory) (Entered: 05/18/2011)
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| 216 |
Filed: 5/9/2011, Entered: None |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 4/26/11 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: 05/09/2011)
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| 215 |
Filed: 5/9/2011, Entered: None |
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TRANSCRIPT of Proceedings re: CONFERENCE held on 4/26/2011 before Judge Richard M. Berman. 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 6/3/2011. Redacted Transcript Deadline set for 6/13/2011. Release of Transcript Restriction set for 8/11/2011.(McGuirk, Kelly) (Entered: 05/09/2011)
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Request |
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| 214 |
Filed: 5/6/2011, Entered: None |
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CERTIFICATE OF SERVICE. Service was accepted by Genevalor Benbassat & Cie c/o Alberto Benbassat. Document filed by Neville Seymour Davis. (Linkh, Gregory) (Entered: 05/06/2011)
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| 213 |
Filed: 5/6/2011, Entered: None |
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CERTIFICATE OF SERVICE. Service was accepted by Alberto Benbassat. Document filed by Neville Seymour Davis. (Linkh, Gregory) (Entered: 05/06/2011)
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| 212 |
Filed: 5/4/2011, Entered: None |
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NOTICE OF APPEARANCE by Joseph Serino, JR on behalf of Herald USA Fund (Serino, Joseph) (Entered: 05/04/2011)
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| 211 |
Filed: 5/4/2011, Entered: None |
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NOTICE OF APPEARANCE by David Scott Flugman on behalf of Herald USA Fund (Flugman, David) (Entered: 05/04/2011)
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| 210 |
Filed: 4/28/2011, Entered: None |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/24/11 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: 04/28/2011)
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| 209 |
Filed: 4/28/2011, Entered: None |
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TRANSCRIPT of Proceedings re: CONFERENCE held on 3/24/11 before Judge Richard M. Berman. Court Reporter/Transcriber: Rebecca Forman, (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 5/23/2011. Redacted Transcript Deadline set for 6/3/2011. Release of Transcript Restriction set for 8/1/2011.(McGuirk, Kelly) (Entered: 04/28/2011)
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Request |
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| 208 |
Filed: 4/25/2011, Entered: None |
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NOTICE OF APPEARANCE by Mandy Deroche on behalf of Michael Wheaton (Deroche, Mandy) (Entered: 04/25/2011)
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| 207 |
Filed: 4/25/2011, Entered: None |
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NOTICE OF APPEARANCE by Jack Yoskowitz on behalf of Michael Wheaton (Yoskowitz, Jack) (Entered: 04/25/2011)
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| 206 |
Filed: 4/21/2011, Entered: None |
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ENDORSED LETTER addressed to Judge Richard M. Berman from Oren J. Warshavsky dated 4/21/11 re: Counsel to the Trustee in this case notifies the Court that he is willing to come to the April 26, 2011 conference to the extent that their presence can be helpful or is otherwise desired by Your Honor. ENDORSEMENT: Whether or not the Trustee appears is entirely up to the Trustee. (Signed by Judge Richard M. Berman on 4/21/11); (djc) (Entered: 04/22/2011)
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| 205 |
Filed: 4/20/2011, Entered: None |
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NOTICE OF APPEARANCE by Jacob David Zetlin-Jones on behalf of Pricewaterhousecoopers International Ltd. (Zetlin-Jones, Jacob) (Entered: 04/20/2011)
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| 204 |
Filed: 4/20/2011, Entered: None |
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NOTICE OF APPEARANCE by James C. Dugan on behalf of William Fry (Dugan, James) (Entered: 04/20/2011)
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| 203 |
Filed: 4/20/2011, Entered: None |
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NOTICE OF APPEARANCE by Mitchell Jay Auslander on behalf of William Fry (Auslander, Mitchell) (Entered: 04/20/2011)
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| 202 |
Filed: 4/19/2011, Entered: None |
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NOTICE OF APPEARANCE by Sarah Malke Lightdale on behalf of Karl E. Kaniak, Alberto LaRocca, Declan Murray, Ursula Radel-Leszcynski, Hannes Saleta, Alfred Simon, Johannes P. Spalek, Hans-Peter Tiefenbacher (Lightdale, Sarah) (Entered: 04/19/2011)
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| 201 |
Filed: 4/19/2011, Entered: None |
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NOTICE OF APPEARANCE by Maria A. Barton on behalf of Karl E. Kaniak, Alberto LaRocca, Declan Murray, Ursula Radel-Leszcynski, Hannes Saleta, Alfred Simon, Johannes P. Spalek, Hans-Peter Tiefenbacher (Barton, Maria) (Entered: 04/19/2011)
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| 200 |
Filed: 4/19/2011, Entered: None |
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NOTICE OF APPEARANCE by Jennifer Greenberg on behalf of Karl E. Kaniak, Alberto LaRocca, Declan Murray, Ursula Radel-Leszcynski, Hannes Saleta, Alfred Simon, Johannes P. Spalek, Hans-Peter Tiefenbacher (Greenberg, Jennifer) (Entered: 04/19/2011)
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| 199 |
Filed: 4/19/2011, Entered: None |
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NOTICE OF APPEARANCE by Kathryn Rebecca Vogel on behalf of Ernst & Young (Cayman) (Attachments: # 1 Affirmation of Service)(Vogel, Kathryn) (Entered: 04/19/2011)
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Request |
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| 198 |
Filed: 4/19/2011, Entered: None |
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NOTICE OF APPEARANCE by Gabrielle Sean Marshall on behalf of Ernst & Young (Cayman) (Attachments: # 1 Affirmation of Service)(Marshall, Gabrielle) (Entered: 04/19/2011)
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Request |
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| 197 |
Filed: 4/19/2011, Entered: None |
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NOTICE OF APPEARANCE by Marc Alan Weinstein on behalf of Ernst & Young (Cayman) (Attachments: # 1 Affirmation of Service)(Weinstein, Marc) (Entered: 04/19/2011)
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Request |
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| 196 |
Filed: 4/19/2011, Entered: None |
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NOTICE OF APPEARANCE by William R. Maguire on behalf of Ernst & Young (Cayman) (Attachments: # 1 Affirmation of Service)(Maguire, William) (Entered: 04/19/2011)
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Request |
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| 195 |
Filed: 4/18/2011, Entered: None |
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ADMINISTRATIVE ORDER. Counsel are directed to appear before the Court on April 26, 2011 at 10:30 a.m. in Courtroom 21B (21st floor), 500 Pearl Street, U.S. District Courthouse for a conference, including the status of the Trustee's motion for injunctive and related relief, filed April 8, 2011 in the United States Bankruptcy Court. (Signed by Judge Richard M. Berman on 4/18/11) (djc) (Entered: 04/18/2011)
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| 194 |
Filed: 4/7/2011, Entered: None |
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TRANSCRIPT of proceedings held on 3/24/2011 before Judge Richard M. Berman. (dnd) (Entered: 04/08/2011)
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Request |
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| 193 |
Filed: 4/1/2011, Entered: None |
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AFFIDAVIT of Albert Y. Chang in Support re: 191 JOINT MOTION to Amend/Correct complaints.. Document filed by Schmuel Cabilly, Neville Seymour Davis, Repex Ventures S.A. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G1, # 8 Exhibit G2, # 9 Exhibit G3, # 10 Exhibit G4, # 11 Exhibit G5, # 12 Exhibit G6, # 13 Exhibit G7, # 14 Exhibit G8, # 15 Exhibit H, # 16 Exhibit I)(Chang, Albert) (Entered: 04/02/2011)
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| 192 |
Filed: 4/1/2011, Entered: None |
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MEMORANDUM OF LAW in Support re: 191 JOINT MOTION to Amend/Correct complaints.. Document filed by Shmuel Cabilly, Neville Seymour Davis, Repex Ventures S.A. (Chang, Albert) (Entered: 04/01/2011)
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| 191 |
Filed: 4/1/2011, Entered: None |
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JOINT MOTION to Amend/Correct complaints. Document filed by Shmuel Cabilly, Neville Seymour Davis, Repex Ventures S.A. (Attachments: # 1 Text of Proposed Order)(Chang, Albert) (Entered: 04/01/2011)
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Request |
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| 190 |
Filed: 3/29/2011, Entered: None |
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NOTICE OF CHANGE OF ADDRESS by Laura Rose Hall on behalf of JP Morgan Chase & Co.. New Address: Allen & Overy LLP, 1221 Avenue of the Americas, New York, New York, USA 10020, (212) 610-6300. (Hall, Laura) (Entered: 03/29/2011)
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| 189 |
Filed: 3/28/2011, Entered: None |
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MEMO ENDORSEMENT on re: Notice of Withdrawal of Anne K. Small as Counsel of Record and Order. ENDORSEMENT: So Ordered. (Signed by Judge Richard M. Berman on 3/28/2011) (jfe) (Entered: 03/28/2011)
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| 188 |
Filed: 3/28/2011, Entered: None |
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NOTICE OF APPEARANCE by Laura Rose Hall on behalf of JP Morgan Chase & Co. (Hall, Laura) (Entered: 03/28/2011)
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| 187 |
Filed: 3/25/2011, Entered: None |
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NOTICE OF APPEARANCE by Andrew Rhys Davies on behalf of JP Morgan Chase & Co. (Davies, Andrew) (Entered: 03/25/2011)
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| 186 |
Filed: 3/25/2011, Entered: None |
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NOTICE OF APPEARANCE by Patricia M. Hynes on behalf of JP Morgan Chase & Co. (Hynes, Patricia) (Entered: 03/25/2011)
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| 185 |
Filed: 3/24/2011, Entered: None |
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SUMMONS RETURNED EXECUTED Summons and Amended Complaint,,, served. Herald Asset Management Limited served on 9/24/2010, answer due 10/15/2010. Service was accepted by Siobhan Hyland, Corporate Assistant, Maples & Calder. Document filed by Repex Ventures S.A. (Burke, Timothy) (Entered: 03/24/2011)
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| 184 |
Filed: 3/24/2011, Entered: None |
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SUMMONS RETURNED EXECUTED Summons and Amended Complaint,,, served. Herald USA Fund served on 9/17/2010, answer due 10/8/2010. Service was accepted by Siobhan Hyland, Corporate Assistant, Maples & Calder. Document filed by Repex Ventures S.A. (Burke, Timothy) (Entered: 03/24/2011)
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| 183 |
Filed: 3/23/2011, Entered: None |
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SUMMONS RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen) (Entered: 03/23/2011)
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| 182 |
Filed: 3/23/2011, Entered: None |
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SUMMONS RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen) (Entered: 03/23/2011)
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| 181 |
Filed: 3/21/2011, Entered: None |
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ENDORSED LETTER addressed to Judge Richard M. Berman from Timothy Burke dated 3/17/11 re: No party will suffer prejudice if the Court rules on plaintiffs' motion to amend prior to defendants filing their joint motion to dismiss. ENDORSEMENT: A status conference is scheduled for 3/24/11 at 10:00 am. (Status Conference set for 3/24/2011 at 10:00 AM before Judge Richard M. Berman.) (Signed by Judge Richard M. Berman on 3/21/11) (cd) (Entered: 03/21/2011)
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| 180 |
Filed: 3/18/2011, Entered: None |
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SUMMONS RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen) (Entered: 03/18/2011)
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| 179 |
Filed: 3/18/2011, Entered: None |
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SUMMONS RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen) (Entered: 03/18/2011)
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| 178 |
Filed: 3/15/2011, Entered: None |
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WAIVER OF SERVICE RETURNED EXECUTED. Sonja Kohn waiver sent on 3/8/2011, answer due 5/9/2011. Document filed by Neville Seymour Davis. (Bottini, Francis) (Entered: 03/15/2011)
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| 177 |
Filed: 2/16/2011, Entered: None |
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SUMMONS RETURNED EXECUTED Summons and Amended Complaint,,, served. Service was accepted by Sonja Kohn, Defendant. Service was made by Mail. Document filed by Repex Ventures S.A. (Burke, Timothy) (Entered: 02/16/2011)
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| Save 25% on a pre-paid one year subscription. |
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| 176 |
Filed: 2/16/2011, Entered: None |
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SUMMONS RETURNED EXECUTED Summons and Amended Complaint,,, served. Sonja Kohn served on 2/7/2011, answer due 2/28/2011. Service was accepted by Sonja Kohn, Defendant. Document filed by Repex Ventures S.A. (Burke, Timothy) (Entered: 02/16/2011)
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| 175 |
Filed: 2/9/2011, Entered: None |
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Unicredit SPA.(Saltzstein, Susan) (Entered: 02/09/2011)
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| 174 |
Filed: 1/24/2011, Entered: None |
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NOTICE OF APPEARANCE by James William Haldin on behalf of PriceWaterhouseCoopers LLP (Haldin, James) (Entered: 01/24/2011)
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| 173 |
Filed: 1/24/2011, Entered: None |
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NOTICE OF APPEARANCE by Michael S. Flynn on behalf of PriceWaterhouseCoopers LLP (Flynn, Michael) (Entered: 01/24/2011)
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| 172 |
Filed: 1/24/2011, Entered: None |
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NOTICE OF APPEARANCE by James H.R. Windels on behalf of PriceWaterhouseCoopers LLP (Windels, James) (Entered: 01/24/2011)
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| 171 |
Filed: 1/24/2011, Entered: None |
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NOTICE OF APPEARANCE by Michael P. Carroll on behalf of PriceWaterhouseCoopers LLP (Carroll, Michael) (Entered: 01/24/2011)
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| 170 |
Filed: 1/20/2011, Entered: None |
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SUMMONS RETURNED EXECUTED. HSBC Holdings plc served on 12/21/2010, answer due 1/11/2011. Service was accepted by David Jenkins. Document filed by Repex Ventures S.A. (Burke, Timothy) (Entered: 01/20/2011)
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| 169 |
Filed: 1/20/2011, Entered: None |
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TRANSCRIPT of proceedings held on 1/10/11 before Judge Richard M. Berman. (cd) (Entered: 01/20/2011)
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Request |
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| 168 |
Filed: 1/19/2011, Entered: None |
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TRANSCRIPT of proceedings held on 3/30/2010 before Judge Richard M. Berman. (mbe) (Entered: 01/20/2011)
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Request |
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| 167 |
Filed: 1/7/2011, Entered: None |
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NOTICE OF APPEARANCE by Jason Christopher Vigna on behalf of Unicredit SPA (Vigna, Jason) (Entered: 01/07/2011)
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| 166 |
Filed: 1/7/2011, Entered: None |
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NOTICE OF APPEARANCE by Susan Leslie Saltzstein on behalf of Unicredit SPA (Saltzstein, Susan) (Entered: 01/07/2011)
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| 165 |
Filed: 1/7/2011, Entered: None |
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SUMMONS RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen) (Entered: 01/07/2011)
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| 164 |
Filed: 1/7/2011, Entered: None |
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SUMMONS RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen) (Entered: 01/07/2011)
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| 163 |
Filed: 1/5/2011, Entered: None |
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NOTICE of Voluntary Dismissal of Federal Securities Claims. Document filed by Shmuel Cabilly. (Bunch, Stephen) (Entered: 01/05/2011)
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| 162 |
Filed: 1/5/2011, Entered: None |
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NOTICE OF APPEARANCE by Lisa Marie Mezzetti on behalf of Shmuel Cabilly (Mezzetti, Lisa) (Entered: 01/05/2011)
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| 161 |
Filed: 1/3/2011, Entered: None |
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SUMMONS RETURNED EXECUTED Summons and Amended Complaint,,, served. Ernst & Young Global Limited served on 10/13/2010, answer due 11/3/2010. Service was accepted by Gillan Haselden, Officer. Document filed by Repex Ventures S.A. (Burke, Timothy) (Entered: 01/03/2011)
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| 160 |
Filed: 12/23/2010, Entered: None |
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ENDORSED LETTER addressed to Judge Richard M. Berman from Timothy J. Burke, dated 12/22/2010, re: We represent Lead Plaintiff Repex Ventures. SA. ("Repex") in the above entitled consolidated securities class action. We write to request that the Court hold a conference for two contemplated motions at the January 10 Status Conference. The first motion is for an order allowing plaintiffs to serve Defendant Sonja Kohn via service on her attorney of record. Repex is being joined in this request by the other Co-Lead Plaintiffs in the consolidated action, Dr. Shmuel Cabilly and Neville Seymour Davis. ENDORSEMENT: Defendant Kohn or her attorney to respond by 1/5/11. We will discuss these issues at the 1/10/11 status conference. SO ORDERED. (Signed by Judge Richard M. Berman on 12/23/2010) (lnl) (Entered: 12/23/2010)
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| 159 |
Filed: 12/17/2010, Entered: None |
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|
RETURN OF LETTERS ROGATORY from The Republic of Austria.(mro) (Entered: 12/17/2010)
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Request |
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| 369 |
Filed: None, Entered: None |
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| 368 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 367 |
Filed: None, Entered: None |
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| 366 |
Filed: None, Entered: None |
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| 365 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 364 |
Filed: None, Entered: None |
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| 363 |
Filed: None, Entered: None |
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| 362 |
Filed: None, Entered: None |
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| 361 |
Filed: None, Entered: None |
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| 360 |
Filed: None, Entered: None |
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| 356 |
Filed: None, Entered: None |
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| 354 |
Filed: None, Entered: None |
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| 353 |
Filed: None, Entered: None |
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|
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 351 |
Filed: None, Entered: None |
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|
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 350 |
Filed: None, Entered: None |
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| 349 |
Filed: None, Entered: None |
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| 348 |
Filed: None, Entered: None |
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| 347 |
Filed: None, Entered: None |
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| 346 |
Filed: None, Entered: None |
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|
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 345 |
Filed: None, Entered: None |
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|
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 344 |
Filed: None, Entered: None |
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|
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 343 |
Filed: None, Entered: None |
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|
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 342 |
Filed: None, Entered: None |
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|
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 341 |
Filed: None, Entered: None |
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|
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 340 |
Filed: None, Entered: None |
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|
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 339 |
Filed: None, Entered: None |
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|
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 338 |
Filed: None, Entered: None |
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|
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 337 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 336 |
Filed: None, Entered: None |
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DECISION & ORDER: For the reasons set forth above, Davis's motion for preliminary approval of the (Revised) Proposed Partial Settlement [#234] is respectfully denied without prejudice. (Signed by Judge Richard M. Berman on 9/15/2011) (djc)
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ORDER: that plaintiffs' application to compel discovery is denied. (Signed by Magistrate Judge Henry B. Pitman on 9/7/2011) (ft)
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DECISION & ORDER denying 234 Motion to Approve Approval of Partial Settlement. Having reviewed the record herein and applicable legal authorities and heard orally from the parties on several occasions including today, the Court hereby respectfully denies the motion, filed June 21, 2011 by Lead Plaintiff Neville Seymour Davis ("Davis"). The motion seeks preliminary approval of partial settlement of one of three purported class actions pending before the Court. The Court concludes (as will be set forth in greater detail in a written opinion in the next seven to ten days) that the proposed settlement agreement, entered into on June 7, 2011 and amended on August 11, 2011 ("Proposed Partial Settlement") between Davis and Defendants HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Holdings PLC, and proposed defendant HSBC Bank USA, N.A. (collectively, the "HSBC Defendants"), is not "fair, reasonable [or] adequate" even at this preliminary stage - to members of the proposed class of investors in Thema International Fund plc, whose interests Davis purports to represent. (Signed by Judge Richard M. Berman on 9/7/2011) (lmb) (Entered: 09/07/2011)
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Letter addressed to Judge Richard M. Berman from Matthew B. Harris dated 8/26/2011 re: Counsel writes to provide documents that set forth Thema's claims in the proceedings before the High Court in Ireland. (ft) (Entered: 09/06/2011)
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NOTICE OF CHANGE OF ADDRESS by Sanford M. Litvack on behalf of Pricewaterhousecoopers Bermuda. New Address: Hogan Lovells US LLP, 875 Third Avenue, New York, New York, USA 10022, (212) 918-3000. (Litvack, Sanford) (Entered: 11/18/2010)
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NOTICE OF CHANGE OF ADDRESS by Dennis H. Tracey, III on behalf of Pricewaterhousecoopers Bermuda. New Address: Hogan Lovells US LLP, 875 Third Avenue, New York, New York, USA 10022, (212) 918-3000. (Tracey, Dennis) (Entered: 11/18/2010)
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| 156 |
Filed: 11/18/2010, Entered: None |
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NOTICE OF CHANGE OF ADDRESS by Lisa Jean Fried on behalf of Pricewaterhousecoopers Bermuda. New Address: Hogan Lovells US LLP, 875 Third Avenue, New York, New York, USA 10022, (212) 918-3000. (Fried, Lisa) (Entered: 11/18/2010)
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| 155 |
Filed: 11/18/2010, Entered: None |
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NOTICE OF APPEARANCE by Charles Joseph Keeley on behalf of Bank of Bermuda (Cayman) Limited, Bank of Bermuda (Luxembourg) S.A., Bank of Bermuda Limited, HSBC Holdings plc, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A. (Keeley, Charles) (Entered: 11/18/2010)
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| 154 |
Filed: 11/17/2010, Entered: None |
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ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION. ORDER granting 151 Motion for Price O. Gielen to Appear Pro Hac Vice for Sonja Kohn. (Signed by Judge Richard M. Berman on 11/17/10) (db) (Entered: 11/17/2010)
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| 153 |
Filed: 11/16/2010, Entered: None |
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NOTICE OF APPEARANCE by Evan A. Davis on behalf of Bank of Bermuda (Cayman) Limited, Bank of Bermuda (Luxembourg) S.A., Bank of Bermuda Limited, HSBC Holdings plc, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A. (Davis, Evan) (Entered: 11/16/2010)
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| 152 |
Filed: 11/16/2010, Entered: None |
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CLERK CERTIFICATE OF MAILING of Summons & Consolidated Amended Complaint mailed to Dr. Hans-Peter Tiefenbacher at the following address: Dr. Hans-Peter Tiefenbacher c/o Campagnolo - Custode, Via San Damiano 2, Milan, Italy, 20121 on 11/16/2010 by FedEx # 8729 1237 2290. (jn) (Entered: 11/16/2010)
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| 151 |
Filed: 11/12/2010, Entered: None |
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MOTION for Price O. Gielen to Appear Pro Hac Vice. Document filed by Sonja Kohn.(mro) (Entered: 11/15/2010)
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| 150 |
Filed: 11/12/2010, Entered: None |
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NOTICE OF APPEARANCE by Jeff G. Hammel on behalf of Karl E. Kaniak, Alberto LaRocca, Declan Murray, Ursula Radel-Leszcynski, Hannes Saleta, Alfred Simon, Johannes P. Spalek, Hans-Peter Tiefenbacher (Hammel, Jeff) (Entered: 11/12/2010)
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| 149 |
Filed: 11/12/2010, Entered: None |
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NOTICE OF APPEARANCE by Patryk J. Chudy on behalf of Ernst & Young S.A. (Chudy, Patryk) (Entered: 11/12/2010)
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| 148 |
Filed: 11/12/2010, Entered: None |
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NOTICE OF APPEARANCE by Richard A. Martin on behalf of Ernst & Young S.A. (Martin, Richard) (Entered: 11/12/2010)
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| 147 |
Filed: 11/10/2010, Entered: None |
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NOTICE OF APPEARANCE by Sheldon Eisenberger on behalf of Sonja Kohn (Eisenberger, Sheldon) (Entered: 11/10/2010)
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| 146 |
Filed: 11/3/2010, Entered: None |
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ENDORSED LETTER addressed to Judge Richard M. Berman from Price O. Gielen dated 11/2/2010 re: Requesting that Repex's request to serve Mrs. Kohn through Mr. Neuberger. ENDORSEMENT: See F.R.C.P. for rules re: appearance, reservation of rights to challenge jurisdiction, etc.. (Signed by Judge Richard M. Berman on 11/3/2010) (jpo) (Entered: 11/03/2010)
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| 145 |
Filed: 11/3/2010, Entered: None |
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ORDER granting 144 Motion for John C. Massaro to Appear Pro Hac Vice. (Signed by Judge Richard M. Berman on 11/3/2010) (jpo) (Entered: 11/03/2010)
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| 144 |
Filed: 10/27/2010, Entered: None |
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MOTION for John C. Massaro to Appear Pro Hac Vice. Document filed by Ernst & Young Global Limited.(mbe) (Entered: 11/02/2010)
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| 143 |
Filed: 11/1/2010, Entered: None |
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CLERK CERTIFICATE OF MAILING of Summons & Consolidated Amended Complaint mailed to Dr. Hans-Peter Tiefenbacher at the following address: Dr. Hans-Peter Tiefenbacher VIA San Damiano 2, Milan, Italy, 20121 on 10/29/2010 by FedEx # 8486 5023 5902. (jn) (Entered: 11/01/2010)
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| 142 |
Filed: 10/27/2010, Entered: None |
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ENDORSED LETTER addressed to Judge Richard M. Berman from Richard A. Martin dated 10/27/2010, re: Counsel for Defendant Ernst & Young S.A. ("EY Lux") write in reply to plaintiffs' letter to the Court dated October 26, 2010, sent in response to their request for a pre-motion conference. EY Lux submits that because plaintiffs no longer have a good faith basis to assert a Section 10(b) claim against EY Lux, this Court should dismiss the claim without subjecting EY Lux to the expense and delay of engaging in a full round of formal briefing involving a potentially wide array of issues. Plaintiffs also object to EY Lux's request, suggesting that they will not have sufficient time to analyze EY Lux's argument on an expedited basis. The Court should reject plaintiffs' transparent attempt to delay a prompt resolution of the claims, and allow the parties to address this issue in advance of the November 16, 2010 conference. ENDORSEMENT: We can discuss Defendant Ernst & Young's proposed motion at the status conference on 11/16/10. SO ORDERED. (Signed by Judge Richard M. Berman on 10/27/2010) (lnl) (Entered: 10/28/2010)
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| 141 |
Filed: 10/26/2010, Entered: None |
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NOTICE of Appearance of Claudius Sokenu. Document filed by Ernst & Young Global Limited. (Luk, Arthur) (Entered: 10/26/2010)
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| 140 |
Filed: 10/26/2010, Entered: None |
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NOTICE OF APPEARANCE by Arthur Luk on behalf of Ernst & Young Global Limited (Luk, Arthur) (Entered: 10/26/2010)
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| 139 |
Filed: 10/22/2010, Entered: None |
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ENDORSED LETTER addressed to Judge Richard M. Berman from Timothy Burke dated 10/20/10 re: Request that the motion conference be held during the 11/16 status conference. ENDORSEMENT: We will discuss this issue at the status conference on 11/16/10. (Signed by Judge Richard M. Berman on 10/22/10) (cd) (Entered: 10/22/2010)
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| 138 |
Filed: 10/19/2010, Entered: None |
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AFFIDAVIT OF SERVICE. Service was accepted by Rohan Small, Partner. Document filed by Dana Trezziova, Repex Ventures S.A. (Burke, Timothy) (Entered: 10/19/2010)
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| 137 |
Filed: 10/19/2010, Entered: None |
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NOTICE OF APPEARANCE by Brett Samuel Moore on behalf of Messrs. Ferdinand Burg and Carlo Reding, the Court Appointed Liquidators for Herald (LUX) (Moore, Brett) (Entered: 10/19/2010)
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| 136 |
Filed: 10/18/2010, Entered: None |
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SUMMONS RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen) (Entered: 10/18/2010)
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| 135 |
Filed: 10/5/2010, Entered: None |
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NOTICE OF APPEARANCE by David Elbaum on behalf of Nigel H. Fielding (Elbaum, David) (Entered: 10/05/2010)
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| 134 |
Filed: 10/5/2010, Entered: None |
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SUMMONS RETURNED EXECUTED. Herald (LUX) served on 9/14/2010, answer due 11/15/2010. Service was accepted by Burg Ferdinand, Liquidator. Document filed by Dana Trezziova; Repex Ventures S.A. (Burke, Timothy) (Entered: 10/05/2010)
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| 133 |
Filed: 9/30/2010, Entered: None |
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SUMMONS RETURNED EXECUTED. Service was accepted by Abeg Annick, Assistant on Behalf of Defendant Ernst & Young, S.A.. Document filed by Dana Trezziova, Repex Ventures S.A. (Burke, Timothy) (Entered: 09/30/2010)
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| 132 |
Filed: 9/30/2010, Entered: None |
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SUMMONS RETURNED EXECUTED. Service was accepted by Jansen Rolf, Senior Legal Counsel on Behalf of Defendant HSBC Securities Services (Luxembourg) S.A.. Document filed by Dana Trezziova, Repex Ventures S.A. (Burke, Timothy) (Entered: 09/30/2010)
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| 131 |
Filed: 9/30/2010, Entered: None |
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FILING ERROR - DEFICIENT DOCKET ENTRY - SUMMONS RETURNED EXECUTED. Service was accepted by Jansen Rolf, Senior Legal Counsel on behalf of Defendant Ernst & Young S.A.. Document filed by Dana Trezziova, Repex Ventures S.A. (Burke, Timothy) Modified on 10/5/2010 (KA). (Entered: 09/30/2010)
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| 130 |
Filed: 9/29/2010, Entered: None |
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SUMMONS RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen) (Entered: 09/29/2010)
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| 129 |
Filed: 9/29/2010, Entered: None |
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SUMMONS RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen) (Entered: 09/29/2010)
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| 128 |
Filed: 9/29/2010, Entered: None |
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SUMMONS RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen) (Entered: 09/29/2010)
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| 127 |
Filed: 9/29/2010, Entered: None |
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SUMMONS RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen) (Entered: 09/29/2010)
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| 126 |
Filed: 9/29/2010, Entered: None |
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SUMMONS RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen) (Entered: 09/29/2010)
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| 125 |
Filed: 9/29/2010, Entered: None |
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SUMMONS RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen) (Entered: 09/29/2010)
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| 124 |
Filed: 9/29/2010, Entered: None |
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SUMMONS RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen) (Entered: 09/29/2010)
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| 123 |
Filed: 9/29/2010, Entered: None |
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SUMMONS RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen) (Entered: 09/29/2010)
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| 122 |
Filed: 9/29/2010, Entered: None |
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SUMMONS RETURNED EXECUTED. Document filed by Schmuel Cabilly. (Bunch, Stephen) (Entered: 09/29/2010)
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| 121 |
Filed: 9/28/2010, Entered: None |
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AFFIDAVIT OF SERVICE. Service was accepted by Katherine Rauschnabel, V.P. Counsel of Unicredit SPA. Document filed by Neville Seymour Davis. (Chang, Albert) (Entered: 09/28/2010)
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| 120 |
Filed: 9/28/2010, Entered: None |
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WAIVER OF SERVICE RETURNED EXECUTED. William Fry waiver sent on 3/22/2010, answer due 5/21/2010. Document filed by Neville Seymour Davis. (Chang, Albert) (Entered: 09/28/2010)
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| 119 |
Filed: 8/25/2010, Entered: None |
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ENDORSED LETTER addressed to Judge Richard M. Berman from Brittan J. Strangways dated 8/17/10 re: counsel for PricewaterhouseCoopers Bermuda writes that I will no longer be associated with the law firm of Hogan Lovells US LLP, counsel for defendant PricewaterhouseCoopers Bermuda in the above referenced matter. Please direct the Clerk to remove my name from the Court's docket. ENDORSEMENT: The Clerk of Court is respectfully requested to remove Brittan Strangways' name from this docket. (Signed by Judge Richard M. Berman on 8/25/10) (pl) (Entered: 08/26/2010)
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| 118 |
Filed: 8/24/2010, Entered: None |
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NOTICE OF APPEARANCE by Lisa Jean Fried on behalf of Pricewaterhousecoopers Bermuda (Fried, Lisa) (Entered: 08/24/2010)
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| 117 |
Filed: 7/20/2010, Entered: None |
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ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION. IT IS HEREBY ORDERED that Joshua S. Devore is admitted to practice pro hac vice as counsel for Lead Plaintiff in the above-captioned case in the United States District Court for the Southern District of New York. Relates to 09-289, 09-2032. Attorney Joshua Seth Devore for Schmuel Cabilly admitted Pro Hac Vice. (Signed by Judge Richard M. Berman on 7/20/10) (rjm) (Entered: 07/20/2010)
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Request |
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| 116 |
Filed: 7/8/2010, Entered: None |
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STIPULATION AS TO WAlVER OF SERVICE; that the Pioneer Defendants agree to Lead Plaintiffs' request to waive (and hereby waive) service of summons and amended complaints in the captioned actions, it being understood and agreed that such waiver is without prejudice to, or waiver of, all defenses (other than the adequacy of service) that the Pioneer Defendants may have in the captioned actions, including, without limitation, all personal and subject matter jurisdictional defenses. Pursuant to the Court's order at its March 30, 2010 hearing, the Pioneer Defendants shall not be required to serve or file any answer or motion challenging the pleadings except as ordered by the Court in a further briefing or answering schedule which will be sought only after all defendants whom Lead Plaintiffs wish to serve are served or waive service, and such defendants as Lead Plaintiffs are unable or unwilling to serve are dismissed from the amended complaints. The Pioneer Defendants and Lead Plaintiff agree to confer with each other and other named defendants regarding the briefing or answering schedule to be proposed to the Court. (Signed by Judge Richard M. Berman on 7/8/10) (pl) (Entered: 07/09/2010)
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Request |
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| 115 |
Filed: 6/17/2010, Entered: None |
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LETTER addressed to Judge Richard M. Berman from Timothy J. Burke dated 6/16/10 re: I represent Lead Plaintiff Repex Ventures, S.A.; I write to clarify Ms. Sholl's claim that the trustee has filed an action against plaintiffs in the above entitled action; Instead of filing an action against the plaintiffs...it appears that the trustee's action seeks to enjoin only one plaintiff, Mr. Neville Seymour Davis. Document filed by Ursula Radel-Leszcynski.(mro) (Entered: 06/18/2010)
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Request |
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| 114 |
Filed: 6/15/2010, Entered: None |
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LETTER addressed to Judge Richard M. Berman from Hannah Sholl dated 6/11/10 re: We write to inform Your Honor that the Trustee appointed to liquidate Bernard L. Madoff Investment Securities LLC under the Securities Investment Protection Act has filed a complaint against the plaintiffs in the above captioned action, as well as plaintiffs in other actions against Mark and Andrew Madoff, in the US Bankruptcy Court for the Southern District of NY. Document filed by Andrew Madoff, Mark Madoff.(mro) (Entered: 06/15/2010)
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Request |
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| 113 |
Filed: 6/3/2010, Entered: None |
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ORDER Cohen Millstein is directed to promptly serve copies of their cover letter and the letters of request on counsel for all parties that have appeared to date and to advise me when that has been accomplished. If Cohen Millstein believes that such service is not necessary, it is directed to promptly advise me of the basis for its belief with citation to appropriate legal authority. Cohen Millstein is also directed to advise me whether it wishes me to cross out Judge Berman's name below the signature line on each request and substitute my own or whether it wishes to submit revised requests with my name typed below the signature line; it is my understanding that some attorneys prefer to submit "clean" letters of request to foreign judicial authorities to avoid any potential issues. SO ORDERED (Signed by Magistrate Judge Henry B. Pitman on 6/3/2010) (jmi) (Entered: 06/03/2010)
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Request |
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| 112 |
Filed: 6/2/2010, Entered: None |
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ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge Richard M. Berman on 6/2/2010) (tro) (Entered: 06/03/2010)
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Request |
|
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| 111 |
Filed: 5/18/2010, Entered: None |
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NOTICE of Change of Firm Name and Email Address. Document filed by Pricewaterhousecoopers Bermuda. (Strangways, Brittan) (Entered: 05/18/2010)
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Request |
|
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| 110 |
Filed: 5/18/2010, Entered: None |
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NOTICE of Change of Firm Name and Email Address. Document filed by Pricewaterhousecoopers Bermuda. (Litvack, Sanford) (Entered: 05/18/2010)
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Request |
|
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| 109 |
Filed: 5/18/2010, Entered: None |
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NOTICE of Change of Firm Name and Email Address. Document filed by Pricewaterhousecoopers Bermuda. (Tracey, Dennis) (Entered: 05/18/2010)
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Request |
|
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| 108 |
Filed: 4/30/2010, Entered: None |
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|
STIPULATION AND ORDER AS TO WAIVER OF SERVICE Defendants HSBC Holdings plc, HSBC Securities Services (Ireland) Limited, HSBC Institutional Trust Services (Ireland) Limited, HSBC Securities Services (Luxembourg) SA, Bank of Bermuda (Cayman) Limited, Bank of Bermuda (Luxembourg) S.A., and Bank of Bermuda Limited (the "HSBC Defendants) have been named defendants in one or more of the three amended complaints filed in this action by Lead Plaintiffs Repex Ventures, S.A., Shmuel Cabilly, and Neville Seymour Davis (collectively, "Lead Plaintiffs"). The parties hereto, through their undersigned counsel, stipulate, agree and propose as follows: Pursuant to the Court's order at its March 30, 2010 hearing, the HSBC Defendants shall not be required to serve or file any answer or motion under Rule 12 until the Court orders a schedule for such briefing, which order will be sought only after all other named defendants are properly served or waive service or such defendants as Lead Plaintiffs are unable to serve are dismissed from the complaints. The HSBC Defendants and Lead Plaintiffs agree to confer with each other and other named defendants regarding the briefing schedule to be proposed to the Court. This stipulation may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one stipulation. The parties to this stipulation reserve all rights and defenses they may have, and entry into this stipulation shall not impair or otherwise affect such rights and defenses, and is without prejudice to or waiver are any objection to jurisdiction in any jurisdiction as set forth in this order. SO ORDERED (Signed by Judge Richard M. Berman on 4/29/2010) (jmi) Modified on 5/7/2010 (jmi). (Entered: 04/30/2010)
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Request |
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| 107 |
Filed: 4/14/2010, Entered: None |
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|
TRANSCRIPT of proceedings held on March 30, 2010 9:20 a.m. before Judge Richard M. Berman. (ajc) (Entered: 04/14/2010)
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Request |
|
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| 106 |
Filed: 4/7/2010, Entered: None |
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|
SUMMONS RETURNED EXECUTED. Document filed by Schmuel Cabilly. (Bunch, Stephen) (Entered: 04/07/2010)
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Request |
|
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| 105 |
Filed: 4/1/2010, Entered: None |
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|
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 100 Motion for Joshua S. Devore to Appear Pro Hac Vice. Joshua S. Devore is admitted to practice pro hac vice as counsel for Lead Plaintiff in this action. (Signed by Judge Richard M. Berman on 3/31/2010) (tro) (Entered: 04/01/2010)
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Request |
|
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| 104 |
Filed: 3/31/2010, Entered: None |
|
|
NOTICE OF APPEARANCE by Brad Eric Konstandt on behalf of Pricewaterhousecoopers International Ltd. (Konstandt, Brad) (Entered: 03/31/2010)
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Request |
|
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| 103 |
Filed: 3/31/2010, Entered: None |
|
|
NOTICE OF APPEARANCE by Anne K. Small on behalf of Pricewaterhousecoopers International Ltd. (Small, Anne) (Entered: 03/31/2010)
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Request |
|
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| 102 |
Filed: 3/31/2010, Entered: None |
|
|
NOTICE OF APPEARANCE by Howard M. Shapiro on behalf of Pricewaterhousecoopers International Ltd. (Shapiro, Howard) (Entered: 03/31/2010)
|
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Request |
|
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| 101 |
Filed: 3/31/2010, Entered: None |
|
|
NOTICE OF APPEARANCE by Fraser Lee Hunter, Jr on behalf of Pricewaterhousecoopers International Ltd. (Hunter, Fraser) (Entered: 03/31/2010)
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Request |
|
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| 100 |
Filed: 3/29/2010, Entered: None |
|
|
MOTION for Joshua S. Devore to Appear Pro Hac Vice. Document filed by Dr. Shmuel Cabilly. (mro) Modified on 3/30/2010 (mro). (Entered: 03/30/2010)
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Request |
|
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| 99 |
Filed: 3/29/2010, Entered: None |
|
|
SUMMONS RETURNED EXECUTED Summons and Amended Complaint,,,,,,, served. Service was accepted by Vincent DiMascio. Document filed by Neville Seymour Davis. (Linkh, Gregory) (Entered: 03/29/2010)
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Request |
|
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| 98 |
Filed: 3/29/2010, Entered: None |
|
|
SUMMONS RETURNED EXECUTED Summons and Amended Complaint,,,,,,, served. Service was accepted by Diane Koblan. Document filed by Neville Seymour Davis. (Linkh, Gregory) (Entered: 03/29/2010)
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Request |
|
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| 97 |
Filed: 3/29/2010, Entered: None |
|
|
SUMMONS RETURNED EXECUTED Summons and Amended Complaint,,,,,,, served. Service was accepted by Mark Madoff. Document filed by Neville Seymour Davis. (Linkh, Gregory) (Entered: 03/29/2010)
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Request |
|
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| 96 |
Filed: 3/29/2010, Entered: None |
|
|
SUMMONS RETURNED EXECUTED Summons and Amended Complaint,,,,,,, served. Service was accepted by Leah Hernandez. Document filed by Neville Seymour Davis. (Linkh, Gregory) (Entered: 03/29/2010)
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Request |
|
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| 95 |
Filed: 3/26/2010, Entered: None |
|
|
NOTICE OF APPEARANCE by Thomas J. Moloney on behalf of HSBC Securities Services (Luxemburg) S.A., HSBC Holdings plc, Bank of Bermuda (Cayman) Limited, Bank of Bermuda (Luxembourg) S.A., Bank of Bermuda Limited, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd. (Moloney, Thomas) (Entered: 03/26/2010)
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Request |
|
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| 94 |
Filed: 3/26/2010, Entered: None |
|
|
NOTICE OF APPEARANCE by Samira Shah on behalf of Pricewaterhousecoopers (Dublin) (Shah, Samira) (Entered: 03/26/2010)
|
|
Request |
|
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| 93 |
Filed: 3/26/2010, Entered: None |
|
|
NOTICE OF APPEARANCE by Antony L Ryan on behalf of Pricewaterhousecoopers (Dublin) (Ryan, Antony) (Entered: 03/26/2010)
|
|
Request |
|
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| 92 |
Filed: 3/26/2010, Entered: None |
|
|
NOTICE OF APPEARANCE by Thomas G. Rafferty on behalf of Pricewaterhousecoopers (Dublin) (Rafferty, Thomas) (Entered: 03/26/2010)
|
|
Request |
|
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| 91 |
Filed: 3/25/2010, Entered: None |
|
|
SUMMONS RETURNED EXECUTED. Unicredit SPA served on 3/24/2010, answer due 4/14/2010. Service was accepted by Kathrin Rauschnabel, Vice President, Counsel. Document filed by Repex Ventures S.A. (Burke, Timothy) (Entered: 03/25/2010)
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Request |
|
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| 90 |
Filed: 3/25/2010, Entered: None |
|
|
SUMMONS RETURNED EXECUTED. Service was accepted by Christina Higgins, Managing Agent. Document filed by Schmuel Cabilly. (Bunch, Stephen) (Entered: 03/25/2010)
|
|
Request |
|
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| 89 |
Filed: 3/25/2010, Entered: None |
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NOTICE OF CHANGE OF ADDRESS by Brittan James Strangways on behalf of Pricewaterhousecoopers Bermuda. New Address: Hogan & Hartson LLP, 875 Third Avenue, New York, New York, USA 10022, 212-918-3268. (Strangways, Brittan) (Entered: 03/25/2010)
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Request |
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| 88 |
Filed: 3/25/2010, Entered: None |
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WAIVER OF SERVICE RETURNED EXECUTED. Pricewaterhousecoopers International Ltd. waiver sent on 2/24/2010, answer due 4/26/2010. Document filed by Neville Seymour Davis. (Chang, Albert) (Entered: 03/25/2010)
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Request |
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| 87 |
Filed: 3/25/2010, Entered: None |
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WAIVER OF SERVICE RETURNED EXECUTED. Pricewaterhousecoopers Bermuda waiver sent on 2/24/2010, answer due 4/26/2010. Document filed by Neville Seymour Davis. (Chang, Albert) (Entered: 03/25/2010)
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Request |
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| 86 |
Filed: 3/25/2010, Entered: None |
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WAIVER OF SERVICE RETURNED EXECUTED. Pricewaterhousecoopers (Dublin) waiver sent on 2/24/2010, answer due 4/26/2010. Document filed by Neville Seymour Davis. (Chang, Albert) (Entered: 03/25/2010)
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Request |
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| 85 |
Filed: 3/24/2010, Entered: None |
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NOTICE OF APPEARANCE by Brittan James Strangways on behalf of Pricewaterhousecoopers Bermuda (Strangways, Brittan) (Entered: 03/24/2010)
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Request |
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| 84 |
Filed: 3/24/2010, Entered: None |
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NOTICE OF APPEARANCE by Sanford M. Litvack on behalf of Pricewaterhousecoopers Bermuda (Litvack, Sanford) (Entered: 03/24/2010)
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Request |
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| 83 |
Filed: 3/24/2010, Entered: None |
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NOTICE OF APPEARANCE by Dennis H. Tracey, III on behalf of Pricewaterhousecoopers Bermuda (Tracey, Dennis) (Entered: 03/24/2010)
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Request |
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| 82 |
Filed: 3/15/2010, Entered: 3/16/2010 |
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ENDORSED LETTER addressed to Judge Richard M. Berman from Susan L. Saltzstein dated 3/15/10 re: counsel for Defendant respectfully submit that the Stipulation so-ordered on March 12, 2010, should be vacated or amended to conform with the proposal in the previous paragraph. We are available to discuss these issues at the Court's convenience. ENDORSEMENT: conference scheduled for 3/30 at 9 a.m. (Signed by Judge Richard M. Berman on 3/15/10) (pl) (Entered: 03/16/2010)
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| 81 |
Filed: 3/12/2010, Entered: 3/12/2010 |
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STIPULATION EXTENDING TIME FOR ALL DEFENDANTS TO RESPOND TO THE AMENDED CLASS ACTION COMPLAINT (As Amended), that through their respective counsel, the PwCIL and PwC US have (a) accepted, or waived, service of summons; and (b) received a copy of the Amended Class Action Complaint (Dkt. No. 76) (the "Amended Complaint") on or before March 1, 2010. Lead Plaintiff, PwCIL and PwC US, through their respective counsel, have agreed that the time for PwCIL and PwC US to answer or move to dismiss the Amended Complaint is extended to May 26, 20 I0, without prejudice to further extensions of time either agreed by Lead Plaintiffs counselor ordered by the Court. All motions to follow Court's rules & Defense motions to be joint. Additional relief as set forth in this Order. (Signed by Judge Richard M. Berman on 3/12/10) (pl) Modified on 3/12/2010 (pl). (Entered: 03/12/2010)
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| 80 |
Filed: 3/12/2010, Entered: 3/12/2010 |
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STIPULATION AND ORDER EXTENDING TIME F0R ALL DEFENDANTS TO RESPOND TO THE AMENDED CLASS ACTION COMPLAINT Lead Plaintiff Neville Seymour Davis enters into this stipulation with Defendants PricewaterhouseCoopers International Ltd. ("PwCIL") and PricewaterhouseCoopers LLP ("PwC US"): Through their respective counsel, the PwCIL and PwC US have (a) accepted, or waived, service of summons; and (b) received a copy of the Amended Class Action Complaint (Dkt. No. 76) (the "Amended Complaint") on or before March 1, 2010. Lead Plaintiff, PwCIL and PwC US, through their respective counsel, have agreed that the time for PwCIL and PwC US to answer or move to dismiss the Amended Complaint is extended to May 26, 2010, without prejudice to further extensions of time either agreed by Lead Plaintiffs counselor ordered by the Court as set forth in this order. ENDORSEMENT: All Motions to follow Court's rules and Defense motion to be joint. (Signed by Judge Richard M. Berman on 3/12/2010) (jmi) (Entered: 03/12/2010)
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| 79 |
Filed: 3/3/2010, Entered: 3/3/2010 |
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AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying LSF-KEB Holdings, SCA as Corporate Parent. Document filed by Korea Exchange Bank.(Bunch, Stephen) (Entered: 03/03/2010)
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| 78 |
Filed: 3/3/2010, Entered: 3/3/2010 |
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NOTICE of Correction re: 76 Amended Complaint,,,,,,. Document filed by Schmuel Cabilly, Korea Exchange Bank. (Bunch, Stephen) (Entered: 03/03/2010)
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| 77 |
Filed: 2/11/2010, Entered: None |
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Korea Exchange Bank.(laq) (Entered: 03/01/2010)
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Request |
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| 76 |
Filed: 2/11/2010, Entered: 2/25/2010 |
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AMENDED CLASS ACTION COMPLAINT amending 75 Amended Complaint,against Nurnberger Versicherung Aktiengesellschaft Osterreich, Primeo Select Fund, Foxton Group, Irving H. Picard, Trustee for the Substantively Consolidated SIPA Liquidation of Bernard L. Madoff Investment Securities LLC. and Bernard L. Madoff., Neville Seymour Davis, Hannes Saleta, Ernst & Young Global Limited, HSBC Securities Services (Luxemburg) S.A., HSBC Holdings plc, Primeo Executive Fund, Bank Medici, UniCredit, Bank Austria, Pioneer Global Asset Management S.p.A., Alfred Simon, Karl E. Kaniak, Hans-Peter Tiefenbacher, Johannes P. Spalek, Nigel H. Fielding, James E. O'neill, Alberto LaRocca, Declan Murray, Ursula Radel-Leszcynski, Michael Wheaton, BA Worldwide Fund Management, Ltd., Pioneer Alternative Investment Management Ltd., Bank of Bermuda (Cayman) Limited, Bank of Bermuda (Luxembourg) S.A., Bank of Bermuda Limited, Ernst & Young (Cayman), Alberto Benbassat, Stephane Benbassat, Genevalor, Benbassat & Cie, Gerald J.P. Brady, John Holliwell, Sonja Kohn, Daniel Morrissey, David T. Smith, Werner Tripolt, Bank Medici AG, Unicredit SPA, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., Pricewaterhousecoopers International Ltd., Pricewaterhousecoopers (Dublin), PriceWaterhouseCoopers LLP, Pricewaterhousecoopers Bermuda, Thema Asset Management Limited, BA Worldwide Fund Management Limited, Peter Madoff, Andrew Madoff, Mark Madoff, William Fry, JP Morgan Chase & Co., The Bank of New York Mellon, Peter Brandhofer, Shmuel Cabilly.Document filed by Neville Seymour Davis. Related document: 75 Amended Complaint, filed by Korea Exchange Bank, Schmuel Cabilly.(ama) (rdz). (Additional attachment(s) added on 3/3/2010: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit) (rdz). (Entered: 02/25/2010)
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| 75 |
Filed: 2/11/2010, Entered: 2/19/2010 |
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CONSOLIDATED AMENDED COMPLAINT amending 5 Amended Complaint, against Primeo Select Fund, Hannes Saleta, Ernst & Young Global Limited, HSBC Securities Services (Luxemburg) S.A., HSBC Holdings plc, Primeo Executive Fund, Bank Medici, UniCredit, Bank Austria, Pioneer Global Asset Management S.p.A., Alfred Simon, Karl E. Kaniak, Hans-Peter Tiefenbacher, Johannes P. Spalek, Nigel H. Fielding, James E. O'neill, Alberto LaRocca, Declan Murray, Ursula Radel-Leszcynski, Michael Wheaton, BA Worldwide Fund Management, Ltd., Pioneer Alternative Investment Management Ltd., Bank of Bermuda (Cayman) Limited, Bank of Bermuda (Luxembourg) S.A., Bank of Bermuda Limited, Ernst & Young (Cayman), Sonja Kohn.Document filed by Schmuel Cabilly, Korea Exchange Bank. Related document: 5 Amended Complaint, filed by Repex Ventures S.A.(laq) (laq). (Entered: 02/19/2010)
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| 74 |
Filed: 2/11/2010, Entered: 2/17/2010 |
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AMENDED COMPLAINT amending 1 Complaint, against Herald USA Fund, Herald Luxemburg Fund, Bank Austria Creditanstalt, Unicredit S.A., Primeo Select Fund, Pioneer Alternative Investments, Thema International Fund PLC, Ernst & Young S.A., HSBC Securities Services, S.A., HAML, Paul de Sury, Gabriel Safdie, William A. Jones, Helmuth E. Frey, Andreas Pirkner, Friedrich Pfeffer, Franco Mugnai, Richard Goddard, Hannes Saleta, Ernst & Young, Ernst & Young Global Limited, HSBC Securities Services (Luxemburg) S.A., HSBC Holdings plc, Primeo Executive Fund, Friehling & Horowitz, Bernard L. Madoff, Bank Medici S.A., Sonja Kohn, Peter Scheithauer.Document filed by Repex Ventures S.A, Dana Trezziova. Related document: 1 Complaint, filed by Repex Ventures S.A.(rdz) (Entered: 02/17/2010)
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| 73 |
Filed: 2/16/2010, Entered: 2/16/2010 |
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NOTICE OF APPEARANCE by Albert Yong Chang on behalf of Neville Seymour Davis (Attachments: # 1 Proof of Service)(Chang, Albert) (Entered: 02/16/2010)
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| 72 |
Filed: 2/16/2010, Entered: 2/16/2010 |
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NOTICE OF APPEARANCE by Francis A. Bottini on behalf of Neville Seymour Davis (Attachments: # 1 Proof of Service)(Bottini, Francis) (Entered: 02/16/2010)
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| 71 |
Filed: 2/9/2010, Entered: 2/9/2010 |
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NOTICE OF APPEARANCE by Stephen Douglas Bunch on behalf of Shmuel Cabilly (Bunch, Stephen) (Entered: 02/09/2010)
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| 70 |
Filed: 1/4/2010, Entered: None |
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TRANSCRIPT of proceedings held on November 12, 2009 before Judge Richard M. Berman. (mro) (Entered: 01/04/2010)
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Request |
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| 69 |
Filed: 12/8/2009, Entered: None |
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TRANSCRIPT of proceedings held on 11/12/2009 before Judge Richard M. Berman. (mbe) (Entered: 12/10/2009)
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Request |
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| 68 |
Filed: 12/7/2009, Entered: 12/7/2009 |
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying UniCredit S.p.A. as Corporate Parent. Document filed by Pioneer Alternative Investments.(Saltzstein, Susan) (Entered: 12/07/2009)
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| 67 |
Filed: 11/6/2009, Entered: 11/6/2009 |
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NOTICE OF CHANGE OF ADDRESS by Albert Yong Chang on behalf of Foxton Group. New Address: JOHNSON BOTTINI, LLP, 501 W. Broadway, Suite 1720, San Diego, CA, U.S. 92101, (619) 230-0063. (Chang, Albert) (Entered: 11/06/2009)
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| 66 |
Filed: 10/16/2009, Entered: None |
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TRANSCRIPT of proceedings held on September 29, 2009 at 12:30 pm before Judge Richard M. Berman. (rdz) (Entered: 11/06/2009)
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Request |
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