MANDATE of USCA (Certified Copy) as to 568 Notice of Appeal, filed by S. Byron Balbach, Jr., Robert Ross, Richard Mandell, Andrea Kune, Matthew Grabell, Paul Impellezzeri, Woodrow Clark. USCA Case Number 14-1610(L). Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/10/2015. (nd) (Entered: 12/10/2015)
MEMO ENDORSEMENT on re: 574 Letter, filed by Discover Financial Services, Inc. ENDORSEMENT: The Clerk of the Court is directed to make the change prescribed and transmit the corrected docket sheet to the Second Circuit's Clerk's Office. (Signed by Judge William H. Pauley, III on 11/20/2014) (mro) (Entered: 11/21/2014)
LETTER addressed to Judge William H. Pauley, III from Elizabeth P. Papez dated 11/18/2014 re: correction of docket to reference Discover Financial Services instead of Discover Financial Services, Inc.. Document filed by Discover Financial Services, Inc..(Papez, Elizabeth) (Entered: 11/18/2014)
ORDER APPROVING THE FINAL DISTRIBUTION PLAN AND AWARDING FEES AND EXPENSES in case 1:01-cv-03342-WHP; granting (369) Motion to Approve the Final Distribution of the Residual Net Settlement Fund and for an Award of Fees and Expenses in case 1:04-cv-05723-WHP; granting (982) Motion to Approve the Final Distribution of the Residual Net Settlement Fund and for an Award of Fees and Expenses in case 1:01-md-01409-WHP.1. The Court finds that the proposed plan of allocation (the "Final Distribution Plan"), as set forth in the May 2014 Affidavit of Edward J. Radetich, Jr., C.P.A. ("May 2014 Radetich Affidavit"), is fair and reasonable. The Court approves the Final Distribution Plan and orders that it be effected, and retains jurisdiction to supervise the implementation and effectuation of the Final Distribution Plan and this Order. 2. The Residual Net Settlement Fund (approximately $15,031,553.53) consists of $11,986,189.35 from uncashed checks from the distribution of the Aggregate Net Settlement Fund (the "Second Distribution"); plus $4,673,066.01, representing the unused portion of the reserve funds established in connection with the Second Distribution; minus $259,301.20 set aside for administrative costs for the Final Distribution Plan (i.e., printing, postage, bank clearing services and other administrative services), $327,106.36 for a final batch of reissued checks, a $500,000 reserve fund and $541,294.27, representing Lead Counsel's request i n Ross v. American Express Co. ("AMEX"), No. 04-CV-5723 (S.D.N.Y.), for a supplemental award of attorneys' fees and unreimbursed expenses as further set forth in this order. 4. The Court awards to AMEX Lead Counsel reasonable and appropriate attorneys' fees in the amount of $451,432.50 for post-fee petition work on appeals and settlement administration in the AMEX case. 5. The Court also approves the reimbursement of $89,861.77 of post-fee petition AMEX costs as further set forth in this order. 10. This Court reserves jurisdiction over any matters related to or ancillary to this Order, including any additional applications for attorneys' fees and costs. (Signed by Judge William H. Pauley, III on 10/20/2014) Filed In Associated Cases: 1:01-md-01409-WHP et al. Copies Sent By Chambers. (lmb) (Entered: 10/21/2014)
MEMO ENDORSEMENT granting (569) Motion to Withdraw as Attorney. ENDORSEMENT: Application granted. Attorney Marah Stith McLeod terminated in case 1:05-cv-07116-WHP-JCF. (Signed by Judge William H. Pauley, III on 6/27/2014) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP-JCF (lmb) (Entered: 07/10/2014)
MEMO ENDORSEMENT on re: 570 Letter, filed by DFS Services LLC. ENDORSEMENT: Application granted. The Clerk of Court is directed to update the docket as requested in this letter and provide a copy of the updated docket to the Second Circuit., DB Servicing Corporation added. DFS Services LLC terminated. (Signed by Judge William H. Pauley, III on 6/9/2014) (lmb) (Entered: 06/10/2014)
LETTER addressed to Judge William H. Pauley, III from Elizabeth P. Papez dated 6/6/2014 re: request that Court update the docket to substitute DB Servicing Corporation for its predecessor entity, defendant DFS Services LLC. Document filed by DFS Services LLC.(Papez, Elizabeth) (Entered: 06/06/2014)
MOTION for Marah Stith McLeod to Withdraw as Attorney . Document filed by Citibank (South Dakota), N.A., Citibank USA, N.A., Citicorp Diners Club, Inc., Citigroup, Inc., Universal Bank, N.A., Universal Financial Corp..(Stith McLeod, Marah) (Entered: 05/15/2014)
NOTICE OF APPEAL from 566 Judgment,,,, 565 Memorandum & Opinion,,,,,,,. Document filed by S. Byron Balbach, Jr, Woodrow Clark, Matthew Grabell, Paul Impellezzeri, Andrea Kune, Richard Mandell, Robert Ross. Filing fee $ 505.00, receipt number 0208-9658722. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Davidoff, Merrill) (Entered: 05/09/2014)
NOTICE OF CHANGE OF ADDRESS by Mark Paul Ladner on behalf of MBNA America (Delaware), N.A., MBNA America Bank, N.A.. New Address: Morrison & Foerster LLP, 250 West 55th Street, New York, New York, U.S.A. 10019-9601, 212-468-8000. (Ladner, Mark) (Entered: 04/28/2014)
JUDGMENT: The issues in the above entitled actions having been brought on for a joint trial before the Honorable William H. Pauley, III, United States District Judge, without a jury, commencing on January 7, 2013, and concluding on February 7, 2013, and closing arguments having been held on May 2, 2013, and the Court thereafter, having rendered its Opinion and Order (Doc. # 366 in case no. 04cv5723, and Doc. # 565 in case no. 05cv7116), dated April 10, 2014, granting judgment in favor of the Defendants, and dismissing Plaintiffs' antitrust claims in these actions for injunctive relief invalidating the class-action-barring arbitration clauses, it is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated April 10, 2014 (Doc. # 366 in case no. 04cv5723, and Doc. # 565 in case no. 05cv7116), judgment is entered in favor of the Defendants, and the Plaintiffs' antitrust claims in these actions for injunctive relief invalidating the class-action-barring arbitration clauses are dismissed. (Signed by Judge William H. Pauley, III on 4/23/2014) (lmb) (Additional attachment(s) added on 4/23/2014: # 1 right to appeal) (lmb). (Entered: 04/23/2014)
OPINION & ORDER: These actions are the latest installment in multidistrict litigation that spanned more than a decade and raised a spate of novel issues. They offer a cautionary lesson to all lawyers who labor under inexorable pressure to generate new business. When outside counsel convene meetings of competitors in the hope of propelling themselves to the forefront of an emerging trend-in this case, class-action-barring consumer arbitration agreements-they do so at their professional peril. When the first meeting convened, only two defendants had class-action-barring arbitration clauses in their card member agreements. By the time the last meeting concluded, all ten of the Issuing Banks, accounting for approximately 87% of all credit card transactions in the United States, had adopted class-action-barring arbitration clauses in their card member agreements. It was only by a slender reed that Plaintiffs failed to demonstrate that the lawyers who organized these meetings had spawned a Sherman Act conspiracy among their clients. In retrospect, the Issuing Banks' short-term goal of lowering litigation costs eluded them. Undoubtedly, retaining some of the most esteemed antitrust lawyers in the nation to counter the extraordinary talents of Plaintiffs' counsel imposed a significant burden on the Issuing Banks. Only the passage of time will reveal whether the Issuing Banks' longer-term goal of avoiding the expense of class action lawsuits can be achieved. For the foregoing reasons, this Court grants judgment to the Defendants dismissing Plaintiffs' antitrust claims in this action for injunctive relief invalidating the class-action-barring arbitration clauses. (Signed by Judge William H. Pauley, III on 4/10/2014) (mro) (Entered: 04/10/2014)
LETTER addressed to Judge William H. Pauley, III from Merrill G. Davidoff dated December 20, 2013 re: Plaintiffs' reply to Defendants' Dec 19 2013 letter [Docket No. 563] and in further support of their Dec 17 2013 letter [Docket No. 562]. Document filed by Robert Ross.(Davidoff, Merrill) (Entered: 12/20/2013)
LETTER addressed to Judge William H. Pauley, III from Evan R. Chesler dated December 19, 2013 re: Plaintiff's December 17, 2013 Letter. Document filed by Citibank (South Dakota), N.A., Citibank USA, N.A., Citicorp Diners Club, Inc., Citigroup, Inc., Universal Bank, N.A., Universal Financial Corp..(Croke, Patrick) (Entered: 12/20/2013)
LETTER addressed to Judge William H. Pauley, III from Merrill G. Davidoff dated December 17, 2013 re: Consumer Financial Protection Bureau's Dec 12 2013 report "Arbitration Study Preliminary Results". Document filed by Robert Ross. (Attachments: # 1 Exhibit 1)(Davidoff, Merrill) (Entered: 12/17/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 5/6/13 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: 06/14/2013)
TRANSCRIPT of Proceedings re: TRIAL held on 5/6/2013 before Judge William H. Pauley, III. Court Reporter/Transcriber: Andrew Walker, (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 7/11/2013. Redacted Transcript Deadline set for 7/18/2013. Release of Transcript Restriction set for 9/16/2013.(McGuirk, Kelly) (Entered: 06/14/2013)
Letter addressed to Judge William H. Pauley from Merrill G. Davidoff dated 1/3/2013 re: Counsel writes to assist the Court in setting its agenda for the pre-trial conference scheduled for Friday, January 4, 2013 at 2:00 p.m., Class Plaintiffs write to list what they understand to be the pending disputes between the parties that the Court may wish to address. The list is set forth in this letter.Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP-JCF(js) (Entered: 01/24/2013)
Letter addressed to Judge William H. Pauley from Merrill G. Davidoff dated 12/26/2013 re: In sum, Defendants' current conduct displays precisely the kind of ambiguity about which Defendants vociferously complained to the Court in correspondence dated December 4, 2012. Plaintiffs request that the Court order the Defendants to identify immediately their "Will Call" witnesses and the means by which their testimony will be presented (in the case of Siegel, Prince and Tasheff). Document filed by Robert Ross, Randal Wachsmuth, S. Byron Balbach, Jr, Woodrow Clark, Matthew Grabell, Paul Impellezzeri, Andrea Kune, Richard Mandell, Robert Ross, Herve Senequier, Jessica Baker, Jeanne H. Balbach, Herbert Berger, Gary Brandeis, Keith Brown, Joseph C. Chatham, Leslie Cooper, Cherie R. Donald, Robert L. Donald, Elizabeth A. Fischer, Jennifer Herbst, Paul Impellezzeri, Inducon Park Associates, Inc., Ester Grace Javier, Robert R. La Place, Christopher G. LaMarca, Camille Laplaca-Post, Jonathan Lipner, Diane Lynch, Tim Lynch, Charles Matthews, Michael H. Oshry, Pamela Geller Oshry, Eleanor Mason Ramsey, Joshua Rubin, Caran Ruga, Phil Salvagio, Gilbert Schrank, Jeffrey Silberman, Howard Steinlauf, Randal Wachsmuth, Rochelle Waldman, Donald E. Wood.Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP-JCF(js) (Entered: 01/17/2013)
ORDER FOR ADMISSION PRO HAC VICE granting 504 Motion for Michael J. Kane to Appear Pro Hac Vice. The motion of Michael J. Kane, for admission to practice Pro Hac Vice in the above captioned action is granted.(Signed by Judge William H. Pauley, III on 1/14/2013) (ama) (Entered: 01/15/2013)
ENDORSED LETTER: addressed to Judge William H. Pauley from Michelle N. Ferreri dated 1/8/2013 re: Counsel for HSBC Finance Corporation and HSBC Bank Nevada, N.A write as of January 11, 2013 Attorney Michelle N. Ferreri will no longer be associated with Morgan Lewis and kindly request that her name be removed as counsel of record from the docket. ENDORSEMENT: Application granted. So Ordered. (Signed by Judge William H. Pauley, III on 1/11/2013) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP-JCF(js) (Entered: 01/14/2013)
RESPONSE to Motion re: 505 MOTION Class Plaintiffs' Motion and Memorandum to Clarify Procedures for Admitting Business Records Into Evidence When Certified Pursuant to Federal Rule of Evidence 902(11). ("Defendants' Joint Response to Plaintiffs' Motion to Clarify Procedures for Admitting Documents Under Rule 902(11)"). Document filed by American Express Travel Related Services Company, Inc., Citibank (South Dakota), N.A., Citibank USA, N.A., Citicorp Diners Club, Inc., Citigroup, Inc., DFS Services LLC, Discover Bank, Discover Financial Services, Inc., NOVUS Credit Services, Inc., Universal Bank, N.A., Universal Financial Corp.. (Scarborough, Theodore) (Entered: 01/13/2013)
MOTION Class Plaintiffs' Motion and Memorandum to Clarify Procedures for Admitting Business Records Into Evidence When Certified Pursuant to Federal Rule of Evidence 902(11). Document filed by Richard Mandell, Robert Ross.(Davidoff, Merrill) (Entered: 01/12/2013)
MOTION for Michael J. Kane to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8130992. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Richard Mandell, Robert Ross. (Attachments: # 1 Declaration, # 2 Michael J. Kane Certificate of Good Standing - PA, # 3 Text of Proposed Order)(Kane, Michael) (Entered: 01/10/2013)
ORDER FOR ADMISSION PRO HAC VICE granting 494 Motion for J. Malcom Cox to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 1/10/2013) (lmb) (Entered: 01/10/2013)
ORDER FOR ADMISSION PRO HAC VICE granting 457 Motion for J. Ethan McComb to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 1/4/2013) (ja) (Entered: 01/07/2013)
ORDER FOR ADMISSION PRO HAC VICE granting 444 Motion for Elizabeth P. Papez, to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 1/4/2013) (ja) (Entered: 01/07/2013)
ORDER FOR ADMISSION PRO HAC VICE granting 449 Motion for Marah Stith McLeod to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 1/4/2013) (ja) (Entered: 01/07/2013)
ORDER FOR ADMISSION PRO HAC VICE granting 496 Motion for Patrick E. Croke to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 1/4/2013) (ja) (Entered: 01/07/2013)
REPLY MEMORANDUM OF LAW in Support re: 458 MOTION to Admit Into Evidence Certain Summaries Prepared Pursuant to Federal Rules of Evidence Rule 1006.. Document filed by Richard Mandell, Robert Ross. (Langer, David) (Entered: 01/04/2013)
MOTION for Patrick Edward Croke to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8109609. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Citigroup, Inc.. (Attachments: # 1 Exhibit Certificates of Good Standing, # 2 Text of Proposed Order)(Croke, Patrick) (Entered: 01/03/2013)
NOTICE OF APPEARANCE by Penelope Deborah Abdiel on behalf of S. Byron Balbach, Jr, Woodrow Clark, Matthew Grabell, Paul Impellezzeri, Andrea Kune, Richard Mandell, Robert Ross, Herve Senequier (Abdiel, Penelope) (Entered: 01/03/2013)
MOTION for J. Malcolm Cox to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8108943. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by DFS Services LLC, Discover Bank, Discover Financial Services, Inc.. (Attachments: # 1 Declaration of J. Malcolm Cox, # 2 Certificate of Good Standing - Illinois Bar, # 3 Text of Proposed Order)(Cox, John-Malcolm) (Entered: 01/03/2013)
DECLARATION of Gary A. Bornstein in Opposition re: 458 MOTION to Admit Into Evidence Certain Summaries Prepared Pursuant to Federal Rules of Evidence Rule 1006.. Document filed by American Express Travel Related Services Company, Inc., Citibank (South Dakota), N.A., Citibank USA, N.A., Citicorp Diners Club, Inc., Citigroup, Inc., DFS Services LLC, Discover Bank, Discover Financial Services, Inc., Universal Bank, N.A., Universal Financial Corp.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Connelly, Luke) (Entered: 01/03/2013)
MEMORANDUM OF LAW in Opposition re: 458 MOTION to Admit Into Evidence Certain Summaries Prepared Pursuant to Federal Rules of Evidence Rule 1006.. Document filed by American Express Travel Related Services Company, Inc., Citibank (South Dakota), N.A., Citibank USA, N.A., Citicorp Diners Club, Inc., Citigroup, Inc., DFS Services LLC, Discover Bank, Discover Financial Services, Inc., Universal Bank, N.A., Universal Financial Corp.. (Connelly, Luke) (Entered: 01/03/2013)
PRETRIAL STATEMENT CLASS PLAINTIFFS STATEMENT OF THE ELEMENTS OF EACH CLAIM TOGETHER WITH A SUMMARY OF THE FACTS RELIED ON TO ESTABLISH EACH ELEMENT - Filed via ECF per the Court's Dec 21 2012 Order (Dkt #451). Document filed by Richard Mandell, Robert Ross.(Davidoff, Merrill) (Entered: 01/02/2013)
MEMORANDUM OF LAW in Support re: 425 MOTION in Limine. Refiled via ECF per the Court's Order Dated December 21, 2012 (Dkt #451). Document filed by American Express Travel Related Services Company, Inc., Citibank (South Dakota), N.A., Citibank USA, N.A., Citicorp Diners Club, Inc., Citigroup, Inc., DFS Services LLC, Discover Bank, Discover Financial Services, Inc., Universal Bank, N.A., Universal Financial Corp.. (Attachments: # 1 Exhibit A to Defendants' Memorandum In Support Of Omnibus Motion In Limine)(Scarborough, Theodore) (Entered: 01/02/2013)
DECLARATION of Katherine A. Rocco in Support re: 425 MOTION in Limine.. Document filed by American Express Travel Related Services Company, Inc., Citibank (South Dakota), N.A., Citibank USA, N.A., Citicorp Diners Club, Inc., Citigroup, Inc., DFS Services LLC, Discover Bank, Discover Financial Services, Inc., Universal Bank, N.A., Universal Financial Corp.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Connelly, Luke) (Entered: 01/02/2013)
REPLY MEMORANDUM OF LAW in Support re: 425 MOTION in Limine.. Document filed by American Express Travel Related Services Company, Inc., Citibank (South Dakota), N.A., Citibank USA, N.A., Citicorp Diners Club, Inc., Citigroup, Inc., DFS Services LLC, Discover Bank, Discover Financial Services, Inc., Universal Bank, N.A., Universal Financial Corp.. (Connelly, Luke) (Entered: 01/02/2013)
DECLARATION of JEFFREY R. BURKE in Support re: 468 MOTION to Exclude Certain Portions of the Testimony and Report of Plaintiffs' Proposed Expert Oren Bar-Grill , Refiled via ECF per the Court's Order Dated Dec 21 2012 (Dkt #451). MOTION to Exclude Certain Portions of the Testimony and Report of Plaintiffs' Proposed Expert Oren Bar-Grill , Refiled via ECF per the Court's Order Dated Dec 21 2012 (Dkt #451).. Document filed by DFS Services LLC, Discover Bank, Discover Financial Services, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Burke, Jeffrey) (Entered: 01/02/2013)
REPLY MEMORANDUM OF LAW in Support re: 468 MOTION to Exclude Certain Portions of the Testimony and Report of Plaintiffs' Proposed Expert Oren Bar-Grill , Refiled via ECF per the Court's Order Dated Dec 21 2012 (Dkt #451). MOTION to Exclude Certain Portions of the Testimony and Report of Plaintiffs' Proposed Expert Oren Bar-Grill , Refiled via ECF per the Court's Order Dated Dec 21 2012 (Dkt #451).. Document filed by DFS Services LLC, Discover Bank, Discover Financial Services, Inc.. (Burke, Jeffrey) (Entered: 01/02/2013)
NOTICE of Filing of Reclassification of the Manner of Presentation for Designated Deposition Testimony. Document filed by Richard Mandell, Robert Ross. (Attachments: # 1 Reclassified Deposition Designations)(Goodwin, Charles) (Entered: 01/01/2013)
REPLY MEMORANDUM OF LAW in Support re: 462 MOTION to Exclude the Testimony of Discover's Expert Orley C. Ashenfelter Insofar as He Opines on Whether Discover's Class-Barring Arbitration Clauses Affected the Number of Class Claims Brought Against Discover Refiled via ECF per the Co. Document filed by Richard Mandell, Robert Ross. (Goodwin, Charles) (Entered: 01/01/2013)
DECLARATION of Kevin C. Aldridge in Support of Plaintiffs' Reply Memorandum in Further Support of Plaintiffs' Motions in Limine in Support re: 465 MOTION in Limine Refiled via ECF per the Court's Order Dated Dec 21 2012 (Dkt #451).. Document filed by Richard Mandell, Robert Ross. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5 - Part 1 of 2, # 6 Exhibit 5 - Part 2 of 2, # 7 Exhibit 6)(Goodwin, Charles) (Entered: 01/01/2013)
REPLY MEMORANDUM OF LAW in Support re: 465 MOTION in Limine Refiled via ECF per the Court's Order Dated Dec 21 2012 (Dkt #451).. Document filed by Richard Mandell, Robert Ross. (Goodwin, Charles) (Entered: 01/01/2013)
DECLARATION of Nicholas Urban (Refiled via ECF per the Court's Order Dated Dec 21 2012 (Dkt #451)) in Opposition re: 468 MOTION to Exclude Certain Portions of the Testimony and Report of Plaintiffs' Proposed Expert Oren Bar-Grill , Refiled via ECF per the Court's Order Dated Dec 21 2012 (Dkt #451). MOTION to Exclude Certain Portions of the Testimony and Report of Plaintiffs' Proposed Expert Oren Bar-Grill , Refiled via ECF per the Court's Order Dated Dec 21 2012 (Dkt #451)., 423 MOTION.. Document filed by Richard Mandell, Robert Ross. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6 - Part 1 of 2, # 7 Exhibit 6 - Part 2 of 2, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10)(Goodwin, Charles) (Entered: 01/01/2013)
MEMORANDUM OF LAW in Opposition re: 423 MOTION. Refiled via ECF per the Court's Order Dated Dec 21 2012 (Dkt #451). Document filed by Richard Mandell, Robert Ross. (Goodwin, Charles) (Entered: 01/01/2013)
MEMORANDUM OF LAW in Opposition re: 425 MOTION in Limine. Refiled via ECF per the Court's Order Dated Dec 21 2012 (Dkt #451). Document filed by Richard Mandell, Robert Ross. (Goodwin, Charles) (Entered: 01/01/2013)
DECLARATION of Theodore R. Scarborough in Opposition re: 465 MOTION in Limine Refiled via ECF per the Court's Order Dated Dec 21 2012 (Dkt #451).. Document filed by Citibank (South Dakota), N.A., Citibank USA, N.A., Citicorp Diners Club, Inc., Citigroup, Inc., Universal Financial Corp.. (Attachments: # 1 Exhibit A to Scarborough Declaration, # 2 Exhibit B to Scarborough Declaration, # 3 Exhibit C to Scarborough Declaration)(Scarborough, Theodore) (Entered: 12/31/2012)
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - NOTICE of Exhibit A to document number 328 (memorandum in support). Document filed by American Express Travel Related Services Company, Inc., Citibank (South Dakota), N.A., Citibank USA, N.A., Citicorp Diners Club, Inc., Citigroup, Inc., DFS Services LLC, Discover Bank, Discover Financial Services, Inc., Universal Bank, N.A., Universal Financial Corp.. (Scarborough, Theodore) Modified on 1/2/2013 (ldi). (Entered: 12/31/2012)
MEMORANDUM OF LAW in Support re: 425 MOTION in Limine. (Defendants' Memorandum In Support Of Omnibus Motion In Limine"). Document filed by American Express Travel Related Services Company, Inc., Citibank (South Dakota), N.A., Citibank USA, N.A., Citicorp Diners Club, Inc., Citigroup, Inc., DFS Services LLC, Discover Bank, Discover Financial Services, Inc., Universal Bank, N.A., Universal Financial Corp.. (Scarborough, Theodore) (Entered: 12/31/2012)
MEMORANDUM OF LAW in Opposition re: 465 MOTION in Limine Refiled via ECF per the Court's Order Dated Dec 21 2012 (Dkt #451). ("Defendants' Joint Memorandum In Opposition To Plaintiffs' Omnibus Motion In Limine And In Support Of Defendants' Cross-Motion To Exclude Named Plaintiffs"). Document filed by American Express Travel Related Services Company, Inc., Citibank (South Dakota), N.A., Citibank USA, N.A., Citicorp Diners Club, Inc., Citigroup, Inc., DFS Services LLC, Discover Bank, Discover Financial Services, Inc., Universal Bank, N.A., Universal Financial Corp.. (Attachments: # 1 Exhibit A to memorandum In Opposition)(Scarborough, Theodore) (Entered: 12/31/2012)
DECLARATION of JEFFREY R. BURKE in Opposition re: 462 MOTION to Exclude the Testimony of Discover's Expert Orley C. Ashenfelter Insofar as He Opines on Whether Discover's Class-Barring Arbitration Clauses Affected the Number of Class Claims Brought Against Discover Refiled via ECF per the Co. Document filed by DFS Services LLC, Discover Bank, Discover Financial Services, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Burke, Jeffrey) (Entered: 12/31/2012)
MEMORANDUM OF LAW in Opposition re: 462 MOTION to Exclude the Testimony of Discover's Expert Orley C. Ashenfelter Insofar as He Opines on Whether Discover's Class-Barring Arbitration Clauses Affected the Number of Class Claims Brought Against Discover Refiled via ECF per the Co urt's Order Dated Dec 21 2012 (Dkt #451). Document filed by DFS Services LLC, Discover Bank, Discover Financial Services, Inc.. (Burke, Jeffrey) (Entered: 12/31/2012)
DECLARATION of JEFFREY R. BURKE in Support re: 468 MOTION to Exclude Certain Portions of the Testimony and Report of Plaintiffs' Proposed Expert Oren Bar-Grill , Refiled via ECF per the Court's Order Dated Dec 21 2012 (Dkt #451). MOTION to Exclude Certain Portions of the Testimony and Report of Plaintiffs' Proposed Expert Oren Bar-Grill , Refiled via ECF per the Court's Order Dated Dec 21 2012 (Dkt #451).. Document filed by DFS Services LLC, Discover Bank, Discover Financial Services, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Burke, Jeffrey) (Entered: 12/31/2012)
MEMORANDUM OF LAW in Support re: 468 MOTION to Exclude Certain Portions of the Testimony and Report of Plaintiffs' Proposed Expert Oren Bar-Grill , Refiled via ECF per the Court's Order Dated Dec 21 2012 (Dkt #451). MOTION to Exclude Certain Portions of the Testimony and Report of Plaintiffs' Proposed Expert Oren Bar-Grill , Refiled via ECF per the Court's Order Dated Dec 21 2012 (Dkt #451).. Document filed by DFS Services LLC, Discover Bank, Discover Financial Services, Inc.. (Burke, Jeffrey) (Entered: 12/31/2012)
MOTION to Exclude Certain Portions of the Testimony and Report of Plaintiffs' Proposed Expert Oren Bar-Grill , Refiled via ECF per the Court's Order Dated Dec 21 2012 (Dkt #451). Document filed by DFS Services LLC, Discover Bank, Discover Financial Services, Inc..(Burke, Jeffrey) (Entered: 12/31/2012)
MEMORANDUM OF LAW in Support re: 465 MOTION in Limine Refiled via ECF per the Court's Order Dated Dec 21 2012 (Dkt #451).. Document filed by Richard Mandell, Robert Ross. (Goodwin, Charles) (Entered: 12/30/2012)
MOTION in Limine Refiled via ECF per the Court's Order Dated Dec 21 2012 (Dkt #451). Document filed by Richard Mandell, Robert Ross. (Attachments: # 1 Text of Proposed Order)(Goodwin, Charles) (Entered: 12/30/2012)
DECLARATION of Nicholas Urban in Support re: 462 MOTION to Exclude the Testimony of Discover's Expert Orley C. Ashenfelter Insofar as He Opines on Whether Discover's Class-Barring Arbitration Clauses Affected the Number of Class Claims Brought Against Discover Refiled via ECF per the Co. Document filed by Richard Mandell, Robert Ross. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6 (Part 1 of 2), # 7 Exhibit 6 (Part 2 of 2), # 8 Exhibit 7, # 9 Exhibit 8)(Goodwin, Charles) (Entered: 12/30/2012)
MEMORANDUM OF LAW in Support re: 462 MOTION to Exclude the Testimony of Discover's Expert Orley C. Ashenfelter Insofar as He Opines on Whether Discover's Class-Barring Arbitration Clauses Affected the Number of Class Claims Brought Against Discover Refiled via ECF per the Co. Document filed by Richard Mandell, Robert Ross. (Goodwin, Charles) (Entered: 12/30/2012)
MOTION to Exclude the Testimony of Discover's Expert Orley C. Ashenfelter Insofar as He Opines on Whether Discover's Class-Barring Arbitration Clauses Affected the Number of Class Claims Brought Against Discover Refiled via ECF per the Court's Order Dated Dec 21 2012 (Dkt #451). Document filed by Richard Mandell, Robert Ross. (Attachments: # 1 Text of Proposed Order)(Goodwin, Charles) (Entered: 12/30/2012)
MEMORANDUM OF LAW in Opposition re: 453 MOTION in Limine Plaintiffs' Additional Motions in Limine. ("Defendants' Memorandum of Law In Opposition To Plaintiffs' Additional Motions In Limine"). Document filed by Citibank (South Dakota), N.A., Citibank USA, N.A., Citicorp Diners Club, Inc., Citigroup, Inc., DFS Services LLC, Discover Bank, Discover Financial Services, Inc., NOVUS Credit Services, Inc., Universal Bank, N.A., Universal Financial Corp.. (Scarborough, Theodore) (Entered: 12/28/2012)
RESPONSE in Opposition re: 454 MOTION in Limine to exclude certain proposed trial evidence.. Document filed by Richard Mandell, Robert Ross. (Goodwin, Charles) (Entered: 12/28/2012)
MOTION to Admit Into Evidence Certain Summaries Prepared Pursuant to Federal Rules of Evidence Rule 1006. Document filed by Richard Mandell, Robert Ross.(Langer, David) (Entered: 12/28/2012)
MOTION for J. Ethan McComb to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8095006. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by DFS Services LLC, Discover Bank, Discover Financial Services, Inc.. (Attachments: # 1 Declaration of J. Ethan McComb, # 2 Certificate of Good Standing - Illinois Bar, # 3 Text of Proposed Order)(McComb, James) (Entered: 12/26/2012)
NOTICE of Filing of Amended Exhibits D and F to the Joint Pretrial Order Dated November 29, 2012. Document filed by Richard Mandell, Robert Ross. (Attachments: # 1 Exhibit Amended Exhibit D to the Joint Pretrial Order Dated November 29, 2012, # 2 Exhibit Amended Exhibit F to the Joint Pretrial Order Dated November 29, 2012)(Davidoff, Merrill) (Entered: 12/22/2012)
MEMORANDUM OF LAW in Support re: 454 MOTION in Limine to exclude certain proposed trial evidence.. Document filed by DFS Services LLC, Discover Bank, Discover Financial Services, Inc.. (Connelly, Luke) (Entered: 12/21/2012)
MOTION in Limine to exclude certain proposed trial evidence. Document filed by DFS Services LLC, Discover Bank, Discover Financial Services, Inc..(Connelly, Luke) (Entered: 12/21/2012)
ORDER terminating 419 Motion to Seal; terminating 420 Motion to Seal; terminating 421 Motion to Seal; terminating 423 Motion ; terminating 426 Motion to Seal; terminating 433 Motion for Leave to File Document; terminating 438 Motion to Seal; terminating 440 Motion to Seal. All parties having appeared for a final pre-trial conference on December 14, 2012, this Court establishes the following schedule. This Court will not fix time limits for the presentation of evidence. The Court has allotted four weeks for the trial of this action and will work with the parties to complete the trial during that time period. But if the case is not completed in that time frame, the presentations will be interrupted to accommodate at least one criminal trial beginning on February 4,2013.Each party may submit an omnibus motion in limine, not to exceed 35 pages, addressing significant objections to important evidence by December 21,2012. Opposition papers shall be filed by December 28,2012. The parties are directed to provide 48 hours advance notice of any witness they intend to call at trial. Notice for witnesses expected to be called on Mondays will be provided no later than the preceding Friday morning.This Court declines the Plaintiffs' proposal that portions of witness testimony relating to background information, document identification, or other qualifying evidence bereceived in written form. The parties are encouraged to stipulate to undisputed facts and the admissibility of exhibits. All parties are directed to appear for a conference to discuss remaining pre-trial issues on January 4,2013 at 2:00 p.m. The parties are directed to re-file their motions in limine, Daubert motions andsupporting papers electronically in unredacted form. The Clerk of the Court is directed to terminate the motions pending at ECF No.' s 419,420,421,423,426,432,433,438, and 440.(Signed by Judge William H. Pauley, III on 12/21/2012) (ago) (Entered: 12/21/2012)
STIPULATION AND ORDER CONCERNING THE EXCLUSION OF PERCIPIENT WITNESSES: Plaintiffs, American Express, Citibank and Discover are entitled to designate a single party representative each who shall not be excluded from the courtroom at any time during trial on the basis of his or her status as a percipient witness. Nothing in P1 above is intended to prohibit any party from having additional party representatives who are not percipient witnesses present in the courtroom during trial either in addition to the designated party representative or as an alternate for the designated party representative in the event the designated party representative is unavailable for any reason. With the exception of party representatives designated pursuant to P1 above, every other percipient witness shall be excluded from the courtroom until after completion of his or her testimony. During such time as a percipient witness is excluded from the courtroom, he or she shall also be prohibited from reading any portions of court transcripts, or summaries thereof, documenting proceedings in the above-captioned matters. Nothing in this Stipulation and Order shall be interpreted to exclude from the courtroom any expert witness testifying on behalf of any party. Nothing in this Stipulation and Order shall be interpreted to limit the Court's inherent authority to exclude any individual from the courtroom on grounds other than that individual's status as a percipient witness. (Signed by Judge William H. Pauley, III on 12/18/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP-JCF(ft) (Entered: 12/19/2012)
MOTION for Marah Stith McLeod to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8069436. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Chase Bank USA, N.A., Citibank (South Dakota), N.A., Citibank USA, N.A., Citicorp Diners Club, Inc., Citigroup, Inc., Universal Bank, N.A., Universal Financial Corp.. (Attachments: # 1 Certificate of Good Standing District of Columbia, # 2 Certificate of Good Standing Illinois, # 3 Certificate of Good Standing New York, # 4 Text of Proposed Order)(Sith McLeod, Marah) (Entered: 12/17/2012)
MOTION for Elizabeth P. Papez to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8065351. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by DFS Services LLC, Discover Bank, Discover Financial Services, Inc.. (Attachments: # 1 Declaration of Elizabeth P. Papez, # 2 Certificates of Good Standing, # 3 Text of Proposed Order)(Papez, Elizabeth) (Entered: 12/14/2012)
NOTICE OF APPEARANCE by Luke A. Connelly on behalf of DFS Services LLC, Discover Bank, Discover Financial Services, Inc. (Connelly, Luke) (Entered: 12/14/2012)
MEMO ENDORSED ON EXHIBIT A: I hereby authorize the following attorneys to bring the General Purpose Computing Device Cell phones and Laptop Computers. Merrill Davidoff, David Langer, Gary Bornstein, Kate Rocco, David Graham, Patrick Croke, Robert Sperling, Luke Connelly (Signed by Judge William H. Pauley, III on 12/14/2012) (js) (Entered: 12/14/2012)
ENDORSED LETTER addressed to Judge William H. Pauley, III from Merrill G. Davidoff dated 12/11/2012 re: Yesterday, during a meeting and confer call, defendants informed plaintiffs that they each intend to file a brief of no more than 35 pages on Friday pursuant to your Honor's Individual Practices, paragraph VI.B.iv, for a total of up to 75 pages. Could your Honor so indicate on a copy of this letter and file the same with the Clerk? ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 12/11/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP-JCF(ft) (Entered: 12/12/2012)
MOTION to File Under Seal Class Plaintiffs' Reply Memorandum in Further Support of Plaintiffs' Motions in Limine. Document filed by Robert Ross, Randal Wachsmuth, S. Byron Balbach, Jr, Woodrow Clark, Matthew Grabell, Paul Impellezzeri, Andrea Kune, Richard Mandell, Robert Ross, Herve Senequier, Jessica Baker, Jeanne H. Balbach, Herbert Berger, Cherie R. Donald, Robert L. Donald, Julie Finkelman, Elizabeth A. Fischer, Jennifer Herbst, Paul Impellezzeri, Inducon Park Associates, Inc., Ester Grace Javier, Camille Laplaca-Post, Jonathan Lipner, Diane Lynch, Tim Lynch, Michael H. Oshry, Pamela Geller Oshry, Joshua Rubin, Caran Ruga, Gilbert Schrank, Howard Steinlauf, Randal Wachsmuth.Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP-JCF(lmb) (Entered: 12/12/2012)
NOTICE of Motion to File Under Seal Class Plaintiffs' Reply Memorandum in Further Support of Plaintiffs' Motions in Limine. Document filed by Robert Ross, Randal Wachsmuth, S. Byron Balbach, Jr, Woodrow Clark, Matthew Grabell, Paul Impellezzeri, Andrea Kune, Richard Mandell, Robert Ross, Herve Senequier, Jessica Baker, Jeanne H. Balbach, Herbert Berger, Leslie Cooper, Cherie R. Donald, Robert L. Donald, Julie Finkelman, Elizabeth A. Fischer, Jennifer Herbst, Paul Impellezzeri, Inducon Park Associates, Inc., Ester Grace Javier, Camille Laplaca-Post, Jonathan Lipner, Diane Lynch, Tim Lynch, Michael H. Oshry, Pamela Geller Oshry, Joshua Rubin, Caran Ruga, Gilbert Schrank, Howard Steinlauf, Randal Wachsmuth. Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP-JCF(lmb) (Entered: 12/12/2012)
MOTION to File Under Seal Class Plaintiffs' Memorandum in Further Support of Plaintiffs' Motion to Exclude the Testimony of Orley C. Ashenfelter Insofar as He Opines That Discover's Class-Barring Arbitration Clauses Did Not Reduce the Number of Class Claims Brought Against Discover. Document filed by Robert Ross, Randal Wachsmuth, S. Byron Balbach, Jr, Woodrow Clark, Matthew Grabell, Paul Impellezzeri, Richard Mandell, Robert Ross, Herve Senequier, Jessica Baker, Jeanne H. Balbach, Herbert Berger, Leslie Cooper, Cherie R. Donald, Robert L. Donald, Julie Finkelman, Elizabeth A. Fischer, Jennifer Herbst, Paul Impellezzeri, Inducon Park Associates, Inc., Ester Grace Javier, Andrea Kune, Camille Laplaca-Post, Jonathan Lipner, Diane Lynch, Tim Lynch, Michael H. Oshry, Pamela Geller Oshry, Joshua Rubin, Caran Ruga, Gilbert Schrank, Howard Steinlauf, Randal Wachsmuth.Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP-JCF(lmb) (Entered: 12/12/2012)
NOTICE of Motion to File Under Seal Class Plaintiffs' Reply Memorandum in Further Support of Plaintiffs' Motion to Exclude the Testimony of Orley C. Ashenfelter Insofar as He Opines that Discover's Class-Barring Arbitration Clauses Did Not Reduce the Number of Class Claims Brought Against Discover. Document filed by Robert Ross, Randal Wachsmuth, S. Byron Balbach, Jr, Woodrow Clark, Matthew Grabell, Paul Impellezzeri, Andrea Kune, Richard Mandell, Robert Ross, Herve Senequier, Jessica Baker, Jeanne H. Balbach, Herbert Berger, Gary Brandeis, Keith Brown, Joseph C. Chatham, Leslie Cooper, Cherie R. Donald, Robert L. Donald, Julie Finkelman, Elizabeth A. Fischer, Jennifer Herbst, Paul Impellezzeri, Inducon Park Associates, Inc., Ester Grace Javier, Camille Laplaca-Post, Jonathan Lipner, Diane Lynch, Tim Lynch, Michael H. Oshry, Pamela Geller Oshry, Joshua Rubin, Caran Ruga, Gilbert Schrank, Howard Steinlauf, Randal Wachsmuth. Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP-JCF(lmb) (Entered: 12/12/2012)
NOTICE OF APPEARANCE by David R. Scott on behalf of S. Byron Balbach, Jr, Woodrow Clark, Matthew Grabell, Paul Impellezzeri, Andrea Kune, Richard Mandell, Robert Ross, Herve Senequier (Scott, David) (Entered: 12/07/2012)
REPLY MEMORANDUM OF LAW in Support re: 423 MOTION. {REDACTED VERSION}. Document filed by DFS Services LLC, Discover Bank, Discover Financial Services, Inc.. (Burke, Jeffrey) (Entered: 12/06/2012)
ORDER: IT IS HEREBY ORDERED that (1) the pending civil cases noted in the attachment to this Order are designated as cases to the Electronic Case Filing database (ECF); and (2) The Clerk of Court shall docket a copy of this Order in each case and designate the case as an ECF case. IT IS FURTHER ORDERED that, Counsel to any party who is not a registered user of this Court's ECF database is directed to register immediately and obtain a log in and password to this Court's ECF database. Attorneys appearing as counsel for plaintiff(s) or defendant(s) shall file their pleading(s) and other permitted papers using the ECF system. (Signed by Judge William H. Pauley, III on 12/5/2012) (djc) (Entered: 12/06/2012)
MOTION for Leave to File leave to file under seal. Document filed by Citibank (South Dakota), N.A., Citibank USA, N.A., Citicorp Diners Club, Inc., Citigroup, Inc., Universal Financial Corp.(djc) (Entered: 11/29/2012)
CROSS MOTION to exclude testifying lead plaintiffs from the Courtroom during LImited Periods of Trial. Document filed by Citibank (South Dakota), N.A., Citicorp Diners Club, Inc., Citigroup, Inc., Universal Bank, N.A., Universal Financial Corp..(djc) (Entered: 11/29/2012)
DISCOVER DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION TO EXCLUDE PORTIONS OF THE TESTIMONY OF DISCOVERY DEFENDANTS' EXPERT ORLEY C. ASHENFELTER (REDACTED) Document filed by DFS Services LLC, Discover Bank, Discover Financial Services, Inc. (djc) (Entered: 11/27/2012)
ENDORSED LETTER addressed to Judge William H. Pauley III from Theodore R. Scarborough dated 11/13/2012 re: Counsels jointly request a two-day extension for the deadline to submit responses to motions in limine, including responses to Daubert motions, as set forth in this Court's Revised Joint Pre-Trial Scheduling Order until November 16, 2012. ENDORSEMENT: Application granted. (Responses due by 11/16/2012) (Signed by Judge William H. Pauley, III on 11/15/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP-JCF(ft) (Entered: 11/15/2012)
STIPULATION AND ORDER CONCERNING THE USE OF EXPERT WITNESSES IN ROSS, ET AL. V. AMERICAN EXPRESS, ET AL., NO. 04-CV-5723 (WHP)(S.D.N.Y.). Plaintiffs and the Amex Defendants hereby stipulate and agree that, subject to any objection under the Federal Rules of Evidence and subject to any Daubert motions, Plaintiffs and the Amex Defendants may rely on the live expert witness testimony at trial of Kenneth G. Elzinga, Orley C. Ashenfelter, Oren Bar-Gill and Robert D. Tollison, experts in the Ross v. BoA matter, and may participate in the examination of those experts at trial as if they were experts in the Ross v. Amex matter. Plaintiffs and the Amex Defendants agree that the scope of their examination of Elzinga, Ashenfelter, Bar-Gill and Tollison will not exceed the scope of those experts' reports and depositions submitted in the Ross v. BoA matter. ENDORSEMENT: So ordered. (Signed by Judge William H. Pauley, III on 10/19/2012) (rjm) (Entered: 10/23/2012)
MEMORANDUM OF LAW in Support re: 423 MOTION. Document filed by DFS Services LLC, Discover Bank, Discover Financial Services, Inc. (tro) (Entered: 10/22/2012)
DECLARATION of Jeffrey R. Burke in Support re: 423 MOTION. Document filed by DFS Services LLC, Discover Bank, Discover Financial Services, Inc. (tro) (Entered: 10/22/2012)
MOTION to file under Seal the defendants' memorandum in support of omnibus motion in limine. Document filed by American Express Travel Related Services Company, Inc.(cd) (Entered: 10/19/2012)
DECLARATION of Jeffrey R Burke in Support re: 423 MOTION. Document filed by DFS Services LLC, Discover Bank, Discover Financial Services, Inc. (cd) (Entered: 10/19/2012)
MOTION To Exclude Certain Portions of the Testimony and Reprot of Plaintiffs' Proposed Expert Oren Bar-Gill. Document filed by DFS Services LLC, Discover Bank, Discover Financial Services, Inc.(cd) (Entered: 10/19/2012)
DECLARATION of Jeffrey R Burke in Support re: 421 MOTION to Seal. Document filed by DFS Services LLC, Discover Bank, Discover Financial Services, Inc. (cd) (Entered: 10/19/2012)
MOTION to Seal Certain documents that comprise Discover defendants' Memorandum of Law. Document filed by DFS Services LLC, Discover Bank, Discover Financial Services, Inc.(cd) (Entered: 10/19/2012)
MOTION to Seal the memorandum in support of plaintiffs' motion to exclude the testimony of Discover's expert Orley C. Ashenfelter, field by plaintiffs..(cd) (Entered: 10/19/2012)
NOTICE OF CHANGE OF ADDRESS by Manuel Juan Dominguez on behalf of S. Byron Balbach, Jr, Woodrow Clark, Matthew Grabell, Paul Impellezzeri, Andrea Kune, Robert Ross, Herve Senequier. New Address: Cohen Milstein Sellers & Toll PLLC, 2925 PGA Blvd., Suite 200, Palm Beach Gardens, Florida, USA 33410, (561) 833-6575. (Dominguez, Manuel) (Entered: 10/16/2012)
REVISED JOINT PRE-TRIAL SCHEDULING ORDER: Testimony and exhibits shall be designated,identified and objected-to on the following schedule, as further set forth in this document. Motions in Limine, including Daubert motions, due by 10/17/2012. Responses due by 11/14/2012 Replies due by 12/5/2012. Joint Pretrial Order due by 11/28/2012. The Court shall hold the final pretrial conference on 12/14/2012, or such other date as the Court may set. (Signed by Judge William H. Pauley, III on 10/15/2012) (cd) (Entered: 10/16/2012)
ENDORSED LETTER: addressed to Judge William H. Pauley from Theodore R. Scarborough dated 9/20/2012 re: Counsel writes jointly on behalf of the Citi, Discover, and American Express Defendants to request an extension of certain remaining deadlines for Designation of Testimony and Exhibits in this Court's Pre-trial Scheduling Order, dated April 18, 2012 ("Scheduling Order,") attached hereto for the Court's convenience). The requested extensions will not affect the trial date or any other dates in the Scheduling Order. Defendants have conferred with plaintiffs regarding the requested extensions. Subject to the Court's approval, Defendants request, and Plaintiffs have agreed to, the following schedule: (1)September 20, 2012 deadlines in Sections A iii. and B.ii. of the Scheduling Order will be extended to September 25, 2012 at 12:00 p.m. EST. (2)October 5, 2012 deadlines in Sections A.iv. and B.iii. of the Scheduling Order will be extended to October 12, 2012. (3) October 19, 2012 deadlines in Section B.iv. of the Scheduling Order will be extended to October 26, 2012. (4) October 26, 2012 deadlines in Section B.v. of the Scheduling Order will be extended to November 2, 2012 ENDORSEMENT: Application granted. So Ordered. (Signed by Judge William H. Pauley, III on 9/26/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP-JCF(js) (Entered: 09/27/2012)
Letter addressed to Judge William H. Pauley III from David F. Graham dated 9/6/2012 re: I am writing on behalf of the Citi, Discover and American Express defendants in response to items I, II and IV of Mr. Davidoff's letter to you dated September 4, 2012 ("Davidoff Letter"). Document filed by American Express Centurion Bank, American Express Company, American Express Travel Related Services, Inc., American Express Travel Related Services Company, Inc., Citibank (South Dakota), N.A., Citibank USA, N.A., Citicorp Diners Club, Inc., Citigroup, Inc., Discover Bank, Discover Financial Services, Inc.(lmb) (Entered: 09/24/2012)
ENDORSED LETTER addressed to Judge William H Pauley from Theodore R Scarborough dated 9/20/2012 re: Joint request to the listed extensions in the Scheduling order as set forth in this document. ENDORSEMENT: Application Granted. (Signed by Judge William H. Pauley, III on 9/20/2012) (cd) (Entered: 09/21/2012)
ORDER: Having reviewed the parties' joint September 10, 2012 letter concerning the filing of motions in limine, this Court orders the following:Each side may submit an omnibus motion in limine with a supporting memorandum of no more than fifty (50) pages. Opposing memoranda may be no longer than fifty (50) pages, and replies no longer than fifteen (15) pages. Each side may raise as many issues within the fifty-page limit as it sees fit. At this time the Court sees no need to schedule additional telephone conferences with the parties in advance of trial. The parties may continue to raise particular issues to the Court by letter and request conferences as appropriate. SO ORDERED. (Signed by Judge William H. Pauley, III on 9/20/2012) Copies Sent By Chambers. (ama) (Entered: 09/21/2012)
MEMORANDUM AND ORDER: Plaintiffs' motion to empanel an advisory jury is denied. (Signed by Judge William H. Pauley, III on 9/11/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP-JCF(jar) (Entered: 09/11/2012)
ENDORSED LETTER addressed to Judge William H. Pauley III, from Sara Sandok Rabinovici, dated 8/6/2012, re: As of August 10, 2012, I will no longer be associated with Morgan Lewis and kindly request that my name be removed as counsel of record from the docket. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 8/10/2012) (ja) Modified on 8/13/2012 (ja). (Entered: 08/13/2012)
ORDER. The following is established: All filings not subject to a claim of privilege and all discovery produced or otherwise originating in Ross, et al. v. Bank of America, N.A. (USA), et al., Docket No. 05-7116, MDL No. 1409, Master File M21-95 ("Ross v. Bank ofAmerica"), Ross, et al. v. American Express, et al., Docket No. 04-5723, MDL No. 1409 ("Ross v. American Express"), and In re Currency Conversion Fee Antitrust Litig., Master File No. M21-95, MDL 1409, including, without limitation, documents, responses to interrogatories and requests for admissions, affidavits, declarations, expert reports, and deposition testimony, shall be made available to Amex, Citi, and Discover, subject to the terms of the April 21, 2009 Stipulated Confidentiality Order in Ross v. Bank of America and the terms of the March 21, 2005 Stipulated Confidentiality Order in Ross v. American Express. The parties' rights are reserved with respect to the admissibility of all evidence and discovery materials and nothing in this Order alters or affects such rights. (Signed by Judge William H. Pauley, III on 8/3/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP-JCF(rjm) (Entered: 08/03/2012)
SCHEDULING ORDER: The pre-motion teleconference previously scheduled for July 10, 2012 is rescheduled to July 26, 2012 at 5:15 p.m. Counsel should provide the Court with dial-in information before the call. Pre-Motion Conference set for 7/26/2012 at 05:15 PM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 7/10/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP-JCF, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(js) (Entered: 07/11/2012)
ENDORSED LETTER addressed to Judge William H. Pauley, III from T. Robert Scarborough dated 6/19/2012 re: We are writing on behalf of the Citigroup Defendants in the above-captioned matter and in response to plaintiffs' June 12 letter requesting a pre-motion conference regarding the protective orders entered in this action ("Bofa") and Ross v. American Express ("Amex"). At this time, we do not believe that a pre-motion conference is necessary, and, frankly, we are surprised that plaintiffs submitted this matter to the Court without first informing defendants of their intent to do so. In order to assist the Court, however, we provide some needed context below. ENDORSEMENT: The parties are directed to participate in a telephone conference with the Court on July 10, 2012 at 4:30 p.m. Counsel should provide the court with dial-in information prior to the call. SO ORDERED.., ( Telephone Conference set for 7/10/2012 at 04:30 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 6/21/2012) (ama) (Entered: 06/22/2012)
NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge James C. Francis, for Specific Non-Dispositive Motion/Dispute. Magistrate Judge Theodore H. Katz no longer referred to the case. (pgu) (Entered: 06/12/2012)
NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge James C. Francis. Please note that this is a reassignment of the designation only. (pgu) (Entered: 06/12/2012)
ENDORSED LETTER addressed to Judge William H. Pauley, III from Kevin Pollins dated 5/29/2012 re: Emergency Executive Order to pay Kevin Pollins the week of June 4, 2012 because I need my 20,000 to be paid on time due to bills. ENDORSEMENT: Application denied. So ordered. (Signed by Judge William H. Pauley, III on 6/5/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP -THK, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(rjm) (Entered: 06/05/2012)
ORDER: Having received the parties' submissions on class plaintiffs' motion for the empanelling ofan advisory jury, the Court has determined that oral argument on the matter is unnecessary. Accordingly, oral argument scheduled for June 4, 2012 is cancelled and this Court will take the motion on submission. (Signed by Judge William H. Pauley, III on 5/21/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP -THK, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(djc) (Entered: 05/22/2012)
(REDACTED) DECLARATION of Kevin C. Aldridge in Support of Plaintiffs' Opposition to defendants' Motions for summary judgment. VOLUME VIII Exhibits 357-409. (mro) (Entered: 05/14/2012)
(REDACTED) DECLARATION of Kevin C. Aldridge in Support of Plaintiffs' Opposition to defendants' Motions for summary judgment. VOLUME VII Exhibits 290-356. (mro) (Entered: 05/14/2012)
(REDACTED) DECLARATION of Kevin C. Aldridge in Support of Plaintiffs' Opposition to defendants' Motions for summary judgment. VOLUME VI Exhibits 237-289. (mro) (Entered: 05/14/2012)
(REDACTED) DECLARATION of Kevin C. Aldridge in Support of Plaintiffs' Opposition to defendants' Motions for summary judgment. VOLUME V Exhibits 188-236. (mro) (Entered: 05/14/2012)
(REDACTED) DECLARATION of Kevin C. Aldridge in Support of Plaintiffs' Opposition to defendants' Motions for summary judgment. VOLUME IV Exhibits 151-187. (mro) (Entered: 05/14/2012)
(REDACTED) DECLARATION of Kevin C. Aldridge in Support of Plaintiffs' Opposition to defendants' Motions for summary judgment. VOLUME III Exhibits 113-150. (mro) (Entered: 05/14/2012)
(REDACTED) DECLARATION of Kevin C. Aldridge in Support of Plaintiffs' Opposition to defendants' Motions for summary judgment. VOLUME II Exhibits 111-112. (mro) (Entered: 05/14/2012)
(REDACTED) DECLARATION of Kevin C. Aldridge in Support of Plaintiffs' Opposition to defendants' Motions for summary judgment. VOLUME I Exhibits 101-110. (mro) (Entered: 05/14/2012)
(REDACTED) PLAINTIFFS' MEMORANDUM OF LAW in Opposition to the Motions for summary judgment of the Citi and Discovery defendants. (mro) (Entered: 05/14/2012)
(REDACTED) REPLY AFFIRMATION in Support of Plaintiffs' Motion for Summary Judgment of the Citi Defendants' Sixth Defense. Document filed by Robert Ross et al. (mro) (Entered: 05/14/2012)
(REDACTED) REPLY MEMORANDUM IN FURTHER support of plaintiffs' motion for summary judgment against the Discovery defendants as to the absence of Pro-Competitive justification. Document filed by Robert Ross et al. (mro) (Entered: 05/14/2012)
(REDACTED) EXHIBITS to the Declaration of Nicholas Urban in support of plaintiffs' motion for summary judgment against the Discovery defendants as to the absence of Pro-Competitive justification. Volume II (Exhibts 24-39) Document filed by Robert Ross et al.(mro) (Entered: 05/14/2012)
(REDACTED) EXHIBITS to the Declaration of Nicholas Urban in support of plaintiffs' motion for summary judgment against the Discovery defendants as to the absence of Pro-Competitive justification. Volume 1 (Exhibts 1-23) Document filed by Robert Ross et al.(mro) Modified on 5/14/2012 (mro). (Entered: 05/14/2012)
(REDACTED) MEMORANDUM OF LAW in Support of Plaintiffs' Motion for Summary Judgment against the Discovery defendants as to the absence of pro-competitive justification. Document filed by Robert Ross et al. (mro) (Entered: 05/14/2012)
(REDACTED) STATEMENT OF MATERIAL FACTS PURSUANT TO LOCAL CIVIL RULE 56.1 IN SUPPORT OF PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AGAINST THE DISCOVERY DEFENDANTS AS TO THE ABSENCE OF PRO-COMPETITIVE JUSTIFICATION. Document filed by Robert Ross et al. (mro) Modified on 5/14/2012 (mro). (Entered: 05/14/2012)
CITI AND DISCOVER DEFENDANTS' OPPOSITION TO CLASS PLAINTIFFS' MOTION FOR THE EMPANELLING OF AN ADVISORY JURY. Document filed by Citibank (South Dakota), N.A., Citibank USA, N.A., Citicorp Diners Club, Inc., Citigroup, Inc., DFS Services LLC, Discover Bank, Discover Financial Services, Inc., Universal Bank, N.A., Universal Financial Corp. (lmb) (Entered: 05/07/2012)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a SETTLEMENT proceeding held on 9/8/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP -THK, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(McGuirk, Kelly) (Entered: 05/02/2012)
TRANSCRIPT of Proceedings re: SETTLEMENT held on 9/8/2011 before Judge William H. Pauley, III. Court Reporter/Transcriber: Joseph Quinones, (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 5/29/2012. Redacted Transcript Deadline set for 6/7/2012. Release of Transcript Restriction set for 8/3/2012.Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP -THK, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(McGuirk, Kelly) (Entered: 05/02/2012)
JUDGMENT approving reimbursement of litigation expenses in connection with the settlement as to Defendant National Arbitration Forum, Inc. (05 CIV 7116 (WHP)). (Signed by Judge William H. Pauley, III on 4/30/12) (Attachments: # 1 notice of right to appeal)Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP -THK(ml) (Entered: 05/01/2012)
FINAL JUDGMENT AND ORDER OF DISMISSAL with respect to Defendant National Arbitration Forum, Inc. (05 CIV 7116 (WHP)). (Signed by Judge William H. Pauley, III on 4/30/12) (Attachments: # 1 notice of right to appeal)Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP -THK(ml) (Entered: 05/01/2012)
ORDER: The Court received the attached letter dated April 16, 2012. Counsel for plaintiffs are directed to address the issue raised therein. (Signed by Judge William H. Pauley, III on 4/30/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP -THK, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(mro) (Entered: 05/01/2012)
CERTIFICATE OF SERVICE of DECLARATION of Christopher G. Karagheuzoff in Support of Plaintiff's Motion for Final Approval of Class Action Settlement with defendant National Arbitration Forum, Inc. served on Berger & Montague, P.C., Sidley Austin, LLP, Winston & Strawn LLP on 4/25/12. Service was made by First Class Mail and E-Mail. Document filed by National Arbitration Forum. (mro) (Entered: 04/26/2012)
DECLARATION of Christopher G. Karagheuzoff in Support of Plaintiff's Motion for Final Approval of Class Action Settlement with defendant National Arbitration Forum, Inc. Document filed by National Arbitration Forum. (mro) (Entered: 04/26/2012)
ORDER: authorizing attorneys Merrill G Davidoff, Charles P Goodwin, and David A Langer to bring the listed electronic equipment for trial beginning 4/27/2012. (Signed by Judge William H. Pauley, III on 4/23/2012) (cd) (Entered: 04/24/2012)
JOINT PRE-TRIAL SCHEDULING ORDER:The parties shall submit their motions in limine, including Daubert motions, as follows: October 12, 2012: motions in limine due. November 9, 2012: responses to motions in limine due. November 30, 2012: replies, if any, in support of motions in limine due. The parties shall file a joint pre-trial order in compliance with Section VI.A of the Court's Individual Practices by November 28, 2012. The parties shall file the documents set forth in Section VI.B. of the Court's Individual Practices, excepting those in Section VI.B.iii (regarding motions in limine) but including pre-trial briefs, by December 14, 2012. The Court shall hold the final pre-trial conference on December 14, 2012 at 11:00 a.m. or such other date as the Court may set. (Signed by Judge William H. Pauley, III on 4/18/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP -THK(mro) (Main Document 378 replaced on 4/19/2012) (mro). (Entered: 04/19/2012)
ENDORSED LETTER: addressed to Judge William H. Pauley from Merrill G. Davidoff dated 4/3/2012 re: Accordingly, Plaintiffs and defendants jointly and respectfully request that the Court grant all parties an additional week to report back to the Court. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge William H. Pauley, III on 4/4/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP -THK(js) (Entered: 04/04/2012)
CLASS PLAINTIFFS' MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT WITH THE NATIONAL ARBITRATION FORUM, INC: w/attch. Proposed Final Judmgnet and Order of Dismissal, and attached Exhibits A & B. Document filed by S. Byron Balbach, Jr, Woodrow Clark, Matthew Grabell, Paul Impellezzeri, Andrea Kune, Richard Mandell, Robert Ross.(pl) (Entered: 03/26/2012)
PROPOSED STIPULATION AND AGREEMENT OF SETTLEMENT WITH BANK OF AMERICA N.A. (USA) (N/K/A)FIA CARD SERVICES N.A.) AND BANK OF AMERICA N.A.: It is hereby stipulated and agreed by and among the undersigned, on behalf of the representatives Plaintiffs, the Settlement Class, and Bank of America, that the First Amended Class Action Complaint shall be dismissed on the merits and with prejudice as to Bank of America, upon entry of "Final Judgment and Order of Dismissal with Respect to Defendants Bank of America, N.A. (USA) (n/k/a) FIA Card Services, N.A.), Bank of America, N.A., JPMorgan Chase and Co., Chase Bank USA, N.A., Capital One Bank (USA), N.A., Capital One Bank, N.A. HSBC Finance Corporation and HSBC Bank Nevada, N.A., "and the First Amended Class Action Complaint in its entirety shall be finally and fully compromised and settled as to Bank of America, subject to the approval of the Court as required by Rule 23 of the Federal Rules of Civil Procedure, on the following terms and conditionsFiled In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP -THK(js) (Entered: 03/16/2012)
PROPOSED STIPULATION AND SETTLEMENT AGREEMENT WITH CAPITAL ONE BANK (USA)N.A. AND CAPITAL ONE N.A.: It is hereby stipulated and agreed by and among the undersigned, on behalf of the Representative Plaintiffs, the Settlement Class, and Capital One, that the First Amended Class Action Complaint shall be dismissed on the merits and with prejudice as to Capital One, upon entry of "Final Judgment and Order of Dismissal with Respect to defendants Bank of America N.A. (USA) (n/k/a FIA Card Services, N.A.), Bank of America N.A., JPMorgan Chase and Co., Chase Bank USA, N.A Capital One Bank (USA), N.A., Capital One Bank N.A., HSBC Finance Corporation, and HSBC Bank Nevada, N.A.', and the First Amended Class Action Complaint in its entirety shall be finally and fully compromised and settled as to Bank of America, subject to the approval of the Court as required by Rule Rule 23 of the Federal Rules of Civil Procedure, on the following terms and conditions as set forth in this Stipulation.Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP -THK(js) Modified on 3/16/2012 (js). (Entered: 03/16/2012)
PROPOSED STIPULATION AND AGREEMENT OF SETTLEMENT WITH JPMORGAN CHASE & CO. AND CHASE BANK USA N.A.: It is hereby stipulated and agreed by and among the undersigned, on behalf of Representative Plaintiffs, the Settlement Class, and Chase, that the First Class Action Complaint shall be dismissed on the merits and with prejudice as to Chase, upon entry of "Final Judgment and Order of Dismissal with respect to Defendants Bank of America, N.A. (USA) n/k/a FIA Card Services, N.A.), Bank of America, N.A., JPMorgan Chase & Co., Chase Bank USA, N.A., Capital One Bank (USA), N.A., Capital One Bank, N.A., HASB Finance Corporation, and HSBC Finance Corporation, and HSBC Bank Nevada, N.A." and the First Amended Class Action Complaint in its entirety shall be finally and fully compromised and settled as to Chase, subject to the approval of the Court as required by Rule 23 of the Federal Rules of Civil Procedure, on the following terms and conditions as set forth in this Stipulation(js) (Entered: 03/16/2012)
SCHEDULING ORDER: Trial in the remaining matters is scheduled to begin on January 7, 2013 at 9:30 a.m. The parties shall submit a proposed case management schedule, or competing proposals, by April 4, 2012; the case management schedule should include dates for (1) submission of a joint pretrial order in accord with this Court's Individual Practices, (2) briefing of any motions in limine, (3) final pretrial conference on a Friday, and (4) any other matters the parties wish to include. Plaintiffs shall file their motion for an advisory jury by April 12, 2012. Opposition to Plaintiffs motion is due by May 3, 2012. Any reply is due May 14, 2012. Oral argument will be heard on June 4, 2012 at 2:00 p.m. (Motions due by 4/12/2012. Responses due by 5/3/2012, Replies due by 5/14/2012. Oral Argument set for 6/4/2012 at 02:00 PM before Judge William H. Pauley III. Bench Trial set for 1/7/2013 at 09:30 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 3/6/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP -THK, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(tro) (Main Document 916 replaced on 3/8/2012) (tro). Modified on 3/8/2012 (tro). Modified on 3/8/2012 (tro). (Entered: 03/07/2012)
ENDORSED LETTER addressed to Judge William H. Pauley, III from Merrill G. Davidoff dated 2/29/12 re: Counsel writes to request a postponement of the conference currently scheduled for 3/2/12. ENDORSEMENT: Application granted. The parties are directed to participate in a telephone conference with the Court on March 6, 2012 at 2:00 p.m. Plaintiffs are directed to circulate a call in number prior to the conference. ( Telephone Conference set for 3/6/2012 at 02:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 3/2/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP -THK(mro) (Entered: 03/02/2012)
Letter addressed to To Whom It May Concern from Angela Times dated 1/29/2012 re: Ms. Times writes to inform the Court that she does not wish to be bound by judgment or settlement in this case. (ab) (Entered: 02/15/2012)
ORDER: Case Management Conference set for 3/2/2012 at 11:00 AM before Judge William H. Pauley III. Counsel should be prepared to discuss the consolidation of these cases for trial and a trial schedule. (Signed by Judge William H. Pauley, III on 2/10/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP -THK, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP (ab) (Entered: 02/10/2012)
MEMORANDUM AND ORDER: For the foregoing reasons, Defendants' motions for summary judgment are denied. Plaintiffs' motion for summary judgment dismissing Citigroup's sixth affirmative defense is granted, and Plaintiffs' motion for partial summary judgment against Discover regarding the absence of pro-competitive justification is denied.The Clerk of Court is directed to terminate the motions pending at ECF Nos. 301, 307, 311, and 312. (Signed by Judge William H. Pauley, III on 2/8/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP -THK(js) (Entered: 02/08/2012)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 12/12/11 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: 02/08/2012)
TRANSCRIPT of Proceedings re: Conference held on 12/12/2011 before Judge William H. Pauley, III. Court Reporter/Transcriber: Eve Giniger, (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 3/5/2012. Redacted Transcript Deadline set for 3/15/2012. Release of Transcript Restriction set for 5/11/2012.(McGuirk, Kelly) (Entered: 02/08/2012)
Letter addressed to U.S.D.C. Southern District of New York from Judy Kawakami dated 12/27/2011 re: Opting out of this lawsuit. ***Accepted for filing by the Chambers of the Honorable William H. Pauley.*** (tro) (Entered: 01/12/2012)
ORDER: This Court received the attached letter dated January 5, 2012, from Albert R. Males claiming that his distribution check for $18.04 "bounced." Plaintiffs' counsel is directed to make immediate inquiry of The Huntington National Bank and provide an explanation to this Court forthwith. (Signed by Judge William H. Pauley, III on 1/9/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP -THK, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP. Copies Mailed By Chambers. (ab) (Entered: 01/09/2012)
ORDER: Plaintiffs request a pre-motion conference in order to move for consolidation for trial of the remaining MDL No. 1409 matters. Plaintiffs' application is denied without prejudice as premature. Any party may renew the request after this Court has issued its rulings on the parties' motions for summary judgment in the Bank of America action and Defendants' motion to certify an interlocutory appeal in the Amex action. (Signed by Judge William H. Pauley, III on 1/9/2012) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv- 07116-WHP -THK, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP. (ab) (Entered: 01/09/2012)
NOTICE OF CHANGE OF ADDRESS by Brian Joseph Barry on behalf of All Plaintiffs. New Address: LAW OFFICE OF BRIAN BARRY, 1925 CENTURY PARK EAST, SUITE 2100, LOS ANGELES, CA, USA 90067,. (Barry, Brian) (Entered: 12/28/2011)
ORDER PRELIMINARY APPROVING CLASS ACTION SETTLEMENT AS TO DEFENDANT NATIONAL ARBITRATION FORUM, INC.: The Settlement Agreement and the definitions of the capitalized words and terms contained therein, lodged with the Chambers on 5/19/2010, is incorporated by reference in this Order. The terms of this Court's 10/6/2009, order certifying the Settlement Class are incorporated by referenced into this Order. The Court preliminarily approves the Settlement Agreement, and the settlement contemplated thereby, as being a fair, reasonable and adequate settlement as to all members of the Settlement Class within the meaning of Rule 23 of the Federal Rules of Civil Procedure, approves the establishment and funding of a fund for the Notice Plan (attached at Exhibit 1), and directs the Plaintiffs and the NAF to proceed with said settlement pursuant to the terms and conditions of the Settlement Agreement and exhibit thereto, subject to this Court's authority to determine whether to finally approve said settlement. On or before 12/20/2011, the NAF shall advance $125,000.00 into an escrow account to cover the costs of notice (including administration), in the amounts set forth in Section 5 of the Settlement Agreement. The Court hereby approves the payment of up to $125,000.00 for the payment of notice costs (including administration) and such funds shall be made immediately available to Plaintiffs' Co-Lead Counsel for such purposes only, subject to Plaintiffs' and Plaintiffs' Co-Lead Counsel's compliance with the terms of the Notice Plan. All further proceedings in the Litigation as to the NAF is ordered stayed until final approval or termination of the Settlement Agreement. Any responses to objections shall be filed on or before 3/30/2012. The Court hereby scheduled a hearing on entry of a Final Judgment and Order of Dismissal as to the NAF for 4/27/2012, at 12:00 noon eastern in Courtroom 11D at the Daniel Patrick Moynihan United States Courthouse for the Southern District of New York, 500 Pear Street, New York, New York 10007.(Status Conference set for 4/27/2012 at 12:00 PM in Courtroom 11D at the Daniel Patrick Moynihan United States Courthouse for the Southern District of New York, 500 Pearl Street, New York, NY 10007 before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 12/13/2011) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP -THK(ft) (Entered: 12/13/2011)
SCHEDULING ORDER:This Court will hold a telephone conference on December 12, 2011, at 2:00 p.m. regarding Plaintiffs' motion for preliminary approval of class action settlement with the National Arbitration Forum. The parties should organize the call through a conference call operator and provide the Court with dial-in information. (Signed by Judge William H. Pauley, III on 12/9/2011) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP -THK(mro) Modified on 12/13/2011 (mro). (Entered: 12/12/2011)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Hearing proceeding held on 11/7/11 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: 12/08/2011)
TRANSCRIPT of Proceedings re: Hearing held on 11/7/2011 before Judge William H. Pauley, III. Court Reporter/Transcriber: Jennifer Thun, (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 1/3/2012. Redacted Transcript Deadline set for 1/12/2012. Release of Transcript Restriction set for 3/12/2012.(McGuirk, Kelly) (Entered: 12/08/2011)
DECLARATION of David A. Langer in Support re: 355 MOTION for Preliminary Approval of Class Action Settlement with National Arbitration Forum. Document filed by S. Byron Balbach, Jr, Woodrow Clark, Matthew Grabell, Paul Impellezzeri, Andrea Kune, Richard Mandell, Robert Ross. (mro) (Entered: 12/01/2011)
MEMORANDUM OF LAW in Support re: 355 MOTION for Preliminary Approval of Class Action Settlement with National Arbitration Forum. Document filed by S. Byron Balbach, Jr, Woodrow Clark, Matthew Grabell, Paul Impellezzeri, Andrea Kune, Richard Mandell, Robert Ross. (mro) (Entered: 12/01/2011)
MOTION for Preliminary Approval of Class Action Settlement with National Arbitration Forum. Document filed by S. Byron Balbach, Jr, Woodrow Clark, Matthew Grabell, Paul Impellezzeri, Andrea Kune, Richard Mandell, Robert Ross.(mro) (Entered: 12/01/2011)
ORDER: The Court authorizes Robert Sperling, Adam Schlatner and Ronald Betman to bring their laptop computers and cell phones into the Courthouse for use in a trial or proceeding, which is anticipated to begin on 11/7/2011 and conclude on 11/7/2011. (Signed by Judge William H. Pauley, III on 11/7/2011) (ab) (Entered: 11/07/2011)
353
Filed: 11/7/2011, Entered: None
ORDER: The Court authorizes Charles P. Goodwin and David A. Langer to bring their laptop computers into the Courthouse for use in a trial or proceeding in the action, which is anticipated to begin on 11/7/2011 and conclude on 11/7/2011. (Signed by Judge William H. Pauley, III on 11/7/2011) (ab) (Entered: 11/07/2011)
352
Filed: 10/17/2011, Entered: None
ENDORSED LETTER addressed to Judge William H. Pauley from Merrill G. Davidoff dated 10/12/11 re: Counsel writes for a possible rescheduling of the summary judgment argument for early afternoon on 11/8. ENDORSEMENT: Oral argument is rescheduled for November 7, 2011 at 4:00 pm. ( Oral Argument set for 11/7/2011 at 04:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 10/17/2011) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP -THK(mro) Modified on 10/19/2011 (mro). (Entered: 10/18/2011)
351
Filed: 10/5/2011, Entered: None
ORDER APPROVING DISTRIBUTION OF THE NET SETTLEMENT FUND granting (898) MOTION TO APPROVE DISTRIBUTION OF THE NET SETTLEMENT FUND IN ACCORDANCE WITH THE AFFIDAVIT OF EDWARD J. RADETICH, JR., C.P.A. REGARDING CLAIMS ADMINISTRATION in case 1:01-md-01409-WHP. Plaintiffs' motion is granted. The Court approves the proposed allocation of the "net settlement fund" in accordance with the Court-approved Revised Plan of Administration and Distribution (ECF No. 528, Ex. 8), as set forth by the Claims Administrator (Heffler, Radetich & Saitta LLP) in the Radetich Affidavit. The net settlement fund (approximately $275,600,000.00) consists of all funds remaining after payment of the October 22, 2009 (ECF No. 755) awards to the named Plaintiffs ($83,500.00), and awards of attorneys' fees ($51,250,000.00), plus the awarded interest of $47,325.89 (capped as of June 30, 2011) and expenses ($3,708,072.00), and the costs associated with distributing the refund checks ($4,981,582.11 ). Accordingly, the Court authorizes payment of all valid claims from the monies remaining in the net settlement fund for disbursement to the valid claimants, as set forth in the Radetich Affidavit and accompanying exhibits. (Signed by Judge William H. Pauley, III on 10/5/2011) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP -THK, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP (ft) (Entered: 10/05/2011)
350
Filed: 10/5/2011, Entered: None
ORDER TRANSFERING THE SETTLEMENT FUNDS TO HUNTINGTON NATIONAL BANK AND AUTHORIZING PAYMENT OF COSTS ASSOCIATED WITH DISTRIBUTION OF THE SETTLEMENT granting (897) MOTION TO APPROVE TRANSFER OF THE SETTLEMENT FUNDS TO THE HUNTINGTON NATIONAL BANK AND THE PAYMENT OF COSTS ASSOCIATED WITH THE DISTRIBUTION OF SETTLEMENT in case 1:01-md-01409-WHP. Plaintiffs' motion is granted. The Court hereby appoints The Huntington National Bank ("Huntington Bank") to assist with the issuance of refund checks to valid claimants and to manage the settlement fund, consistent with the pricing and terms set forth in the Radetich Affidavit, at G.21-22. The Court Registry Investment System ("CRIS") cannot handle the anticipated volume of transactions. The Clerk of the Court is authorized and directed to draw a check (or multiple checks with a combined total) in the amount of the combined total funds held in CRIS from the following two accounts: (1) the Principal Settlement Fund (CRIS account no. 07-cc-0001-1); and (2) the Notice and Cost Administration Fund (CRIS account no. 07-cc-0001-2) The check(s) should be made payable to: "Foreign Currency Fee Litigation Settlement Fund." Copy forwarded to the Finance Unit via interoffice envelope on 10/5/2011. (Signed by Judge William H. Pauley, III on 10/5/2011) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP -THK, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP (ft) (Entered: 10/05/2011)
349
Filed: 9/13/2011, Entered: None
SEALED DOCUMENT placed in vault.(mps) (Entered: 09/13/2011)
348
Filed: 9/12/2011, Entered: None
ORDER: It is ordered that pursuant to Paragraph 3(f) of the Stipulation and Agreement of Settlement preliminarily approved by this Court on November 8, 2006 and this Court's October 22, 2007 Amended Order,the Clerk of the Court is directed to draw a check from the Principal Settlement Fund, designated as account no. 07-cc-0001-1 with the Court Registry Investment System ("CRIS"), made payable to the Claims Administrator, and to send the check by overnight mail, no later than Friday,August 12, 2011, to Co-Lead Counsel Berger & Montague, P.C., c/o Merrill G. Davidoff, Esq., 1622 Locust Street, Philadelphia, PA 19103, for distribution to this payee. The disbursement from the CRIS Principal Settlement Fund shall be made in the amount of $19,119.67 made payable to Heffler Radetich & Saitta, LLP (Claims Administrator). (Signed by Judge William H. Pauley, III on 9/9/11) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP -THK, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(js) (Entered: 09/12/2011)
347
Filed: 9/12/2011, Entered: None
ENDORSED LETTER; addressed to Judge William H. Pauley from David F. Graham dated 8/30/2011 re: Accordingly, for the reasons stated above as well as those detailed in defendants' August 18, 2011 letter, Defendants respectfully request a pre-motion conference so that they may be allowed to file their joint Motion to strike Portions of Plaintiffs' Rule 56.1 Response and their Joint Reply to Plaintiffs' 56.1 (b) Response. ENDORSEMENT: Application Denied. The issue will be addressed at the November 8, 2011 oral argument. So Ordered. (Signed by Judge William H. Pauley, III on 9/9/2011) (js) (Entered: 09/12/2011)
346
Filed: 8/30/2011, Entered: None
SEALED DOCUMENT placed in vault.(mps) (Entered: 08/31/2011)
345
Filed: 8/25/2011, Entered: None
ORDER terminating 295 Motion to Seal; 297 Motion to Seal; 310 Motion to Seal; 322 Motion to File under Seal; 323 Motion to Seal; 328 Motion to Seal; 335 Motion to File Under Seal; 337 Motion to File under Seal; 338 Motion to Seal; 341 Motion to File under Seal. The parties' motions to file under seal the memoranda of law and other papers associated with their motions for summary judgment are granted. The parties are directed to file unredacted copies of their submissions under seal. The Clerk of the Court is directed to terminate the motions pending at Docket Nos. 295, 297, 310, 322, 323, 328, 335, 337, 338, and 341. (Signed by Judge William H. Pauley, III on 8/24/2011) (ft) (Entered: 08/25/2011)
DECLARATION of Theodore R. Scarborough in Support re: 343 REPLY in support of their Motion for Summary Judgment. Document filed by Citibank (South Dakota), N.A., Citibank USA, N.A., Citicorp Diners Club, Inc., Citigroup, Inc., Universal Bank, N.A., Universal Financial Corp. (mro) (Entered: 08/22/2011)
REPLY in support of their Motion for Summary Judgment. Document filed by Citibank (South Dakota), N.A., Citibank USA, N.A., Citicorp Diners Club, Inc., Citigroup, Inc., Universal Bank, N.A., Universal Financial Corp. (Received in the night deposit box on 8/19/11 at 12:03am) (mro) (Entered: 08/22/2011)
DECLARATION of Thomas A. Paskowitz in Support re: 341 MOTION to File under Seal the Citigroup Defendants' Reply to Plaintiffs' Opposition to their motion for summary judgment and accompanying exhibits. Document filed by Citibank (South Dakota), N.A., Citibank USA, N.A., Citicorp Diners Club, Inc., Citigroup, Inc., Universal Bank, N.A., Universal Financial Corp. (Received in the night deposit box on 8/19/11 at 12:03am) (mro) (Entered: 08/22/2011)
MOTION to File under Seal the Citigroup Defendants' Reply to Plaintiffs' Opposition to their motion for summary judgment and accompanying exhibits. Document filed by Citibank (South Dakota), N.A., Citibank USA, N.A., Citicorp Diners Club, Inc., Citigroup, Inc., Universal Bank, N.A., Universal Financial Corp. (Received in the night deposit box on 8/19/11 at 12:02am)(mro) (Entered: 08/22/2011)
REPLY in Support of their Motion for Summary Judgment. Document filed by DFS Services LLC, Discover Bank, Dis cover Financial Services, Inc. (Received in the night deposit box on 8/18/11 at 10:46pm) (mro) (Entered: 08/22/2011)
DECLARATION (Redacted) of Adam J. Schlatner in Support of Discover Defendants' Reply in Support of their Motion for summary judgment. Document filed by DFS Services LLC, Discover Bank, Discover Financial Services, Inc. ***Exhibits A-F attached hereto. (Received in the night deposit box on 8/18/11 at 10:46pm) (mro) Modified on 8/22/2011 (mro). (Entered: 08/22/2011)
MOTION to Seal certain documents that comprise Discovery Defendants' Reply in Support of their motion for summary Judgment and related papers. ***Exhibit A attached hereto. (Received in the night deposit box on 8/18/11 at 10:46pm) Document filed by DFS Services LLC, Discover Bank, Discover Financial Services, Inc.(mro) Modified on 8/22/2011 (mro). (Entered: 08/22/2011)
MOTION of Motion to file under Seal the Reply Memorandum in further support of plaintiffs' Motion for Summary Judgment against the Discovery Defendants as to the absence of Pro-Competitive Justification. Document filed by the Plaintiffs.(mro) (Entered: 08/22/2011)
NOTICE of Motion to file under Seal the Reply Memorandum in further support of plaintiffs' Motion for Summary Judgment against the Discovery Defendants as to the absence of Pro-Competitive Justification. Document filed by the plaintiffs. (mro) (Entered: 08/22/2011)
MOTION to File Under Seal the Reply Memorandum in Further Support of Plaintiffs' Motion for Summary Judgment on the Citi Defendants' Sixth Defense. Document filed by the Plaintiffs.(mro) (Entered: 08/22/2011)
NOTICE of Motion to File Under Seal the Reply Memorandum in Further Support of Plaintiffs' Motion for Summary Judgment on the Citi Defendants' Sixth Defense. Document filed by the Plaintiffs. (mro) (Entered: 08/22/2011)
SCHEDULING ORDER: The oral argument scheduled for 9/9/2011 is rescheduled for 11/8/2011 at 4:30 p.m. (Oral Argument set for 11/8/2011 at 04:30 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 8/19/2011) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP -THK(tro) (Entered: 08/22/2011)
DECLARATION of Theordore R. Scarborough in Support re: 330 Response to Plaintiffs' Motion for Partial Summary Judgment. Document filed by Citibank (South Dakota), N.A., Citicorp Diners Club, Inc., Citigroup, Inc., Universal Financial Corp. (Received in the night deposit box on 7/12/11 at 9:29 p.m.) (mro) (Entered: 07/14/2011)
CITIGROUP DEFENDANTS' COMBINED RESPONSE to plaintiffs' local rule 56.1 statement of material facts and affirmative statement of additional material facts. Document filed by Citibank (South Dakota), N.A., Citicorp Diners Club, Inc., Citigroup, Inc., Universal Financial Corp. (Received in the night deposit box on 7/12/11 at 9:29 p.m.) (mro) (Entered: 07/14/2011)
RESPONSE to Plaintiffs' Motion for Partial Summary Judgment. Document filed by Citibank (South Dakota), N.A., Citicorp Diners Club, Inc., Citigroup, Inc., Universal Financial Corp. (Received in the night deposit box on 7/12/11 at 9:29 p.m.) (mro) (Entered: 07/14/2011)
DECLARATION of Thomas A. Paskowitz in Support re: 328 MOTION to Seal the Citigroup defendants' response to plaintiffs' motion for partial summary judgment and accompanying exhibits. Document filed by Citibank (South Dakota), N.A., Citicorp Diners Club, Inc., Citigroup, Inc., Universal Financial Corp. (Received in the night deposit box on 7/12/11 at 9:29 p.m.) (mro) (Entered: 07/14/2011)
MOTION to Seal the Citigroup defendants' response to plaintiffs' motion for partial summary judgment and accompanying exhibits. Document filed by Citibank (South Dakota), N.A., Citicorp Diners Club, Inc., Citigroup, Inc., Universal Financial Corp. (Received in the night deposit box on 7/12/11 at 9:29 p.m.)(mro) (Entered: 07/14/2011)
RESPONSE (Redacted) to plaintiffs' motion for partial summary judgment as to the absence of pro-competitive justification. Document filed by DFS Services LLC, Di scover Bank, Discover Financial Services, Inc. (Received in the night deposit box on 7/12/11 at 9:43 p.m.) (mro) Modified on 7/14/2011 (mro). (Entered: 07/14/2011)
DECLARATION (Redacted) of Adam J. Schlatner in Support re: 325 Response to Plaintiffs' Statement of material facts pursuant to Local Civil Rule 56.1 in support of plaintiff's motion for partial summary judgment as to the absence of pro-competitive justification. Document filed by DFS Services LLC, Di scover Bank, Discover Financial Services, Inc. (Received in the night deposit box on 7/12/11 at 9:43 p.m.) (mro) (Entered: 07/14/2011)
RESPONSE (Redacted) to Plaintiffs' Statement of material facts pursuant to Local Civil Rule 56.1 in support of plaintiff's motion for partial summary judgment as to the absence of pro-competitive justification. Document filed by DFS Services LLC, Discover Bank, Discover Financial Services, Inc. (Received in the night deposit box on 7/12/11 at 9:43 p.m.)(mro) Modified on 7/14/2011 (mro). (Entered: 07/14/2011)
DECLARATION of Adam J. Schlatner in Support re: 323 MOTION to Seal. Document filed by DFS Services LLC, Discover Bank, Discover Financial Services, Inc. (Received in the night deposit box on 7/12/11 at 9:42 p.m.) (mro) (Entered: 07/14/2011)
MOTION to Seal Discover defendants' summary judgment response papers. Document filed by DFS Services LLC, Discover Bank, Discover Financial Services, Inc. (Received in the night deposit box on 7/12/11 at 9:42 p.m.)(mro) (Entered: 07/14/2011)
MOTION to File under Seal the Memorandum of Law and Supporting papers to Plaintiffs' opposition to the Motions for Summary Judgment of the Citi and Discovery defendants. Document filed by S. Byron Balbach, Jr, Woodrow Clark, Matthew Grabell, Paul Impellezzeri, Andrea Kune, Richard Mandell, Robert Ross, Herve Senequier.(mro) (Entered: 07/13/2011)
NOTICE of Motion to File under Seal the Memorandum of Law and Supporting papers to Plaintiffs' opposition to the Motions for Summary Judgment of the Citi and Discovery defendants. Document filed by S. Byron Balbach, Jr, Woodrow Clark, Matthew Grabell, Paul Impellezzeri, Andrea Kune, Richard Mandell, Robert Ross, Herve Senequier. (mro) (Entered: 07/13/2011)
ORDER that all pending appeals in this action have been dismissed. Accordingly, the Clerk of Court is directed to release the appeals bonds posted in this action as follows, see document for the three bonds being released. (Signed by Judge William H. Pauley, III on 7/7/11) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP -THK, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(cd) (Entered: 07/13/2011)
319
Filed: 7/12/2011, Entered: None
ENDORSED LETTER addressed to Judge William H Pauley from Merrill Davidoff dated 6/28/11 re: Request for permission to file a single, omnibus opposition opposition memorandum of up to 50 pages in length in response to the two separate summary judgment motions filed by defendants Citigroup and Discover. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 7/8/11) (cd) (Entered: 07/13/2011)
318
Filed: 7/12/2011, Entered: None
ENDORSED LETTER addressed to Judge William H Pauley from Theodore Scarborough dated 7/6/11 re: Request for the following briefing schedule re summary judgment motions. ENDORSEMENT: The briefing schedule on p. 2 is adopted. Responses due by 7/12/2011 (served by 7/11/110 Replies due by 8/18/2011 (served by 8/17/11). (Signed by Judge William H. Pauley, III on 7/8/11) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP -THK(cd) (Entered: 07/13/2011)
317
Filed: 6/29/2011, Entered: None
ENDORSED LETTER addressed to Judge William H. Pauley, III from Matthew J. Zevin dated 6/17/11 re: The Barrers request permission to file before this Court a formal motion (and supporting documentation) to enforce the Settlement Agreement and Final Judgment. ENDORSEMENT: This Court declines to entertain Plaintiffs' application at this time. If appropriate, plaintiffs may re-apply for relief following a ruling by the Oregon Court. So ordered. (Signed by Judge William H. Pauley, III on 6/28/11) (rjm) (Entered: 06/29/2011)
PLAINTIFFS' STATEMENT OF MATERIAL FACTS PURSUANT TO LOCAL CIVIL RULE 56.1 in support of Plaintiffs' Motion for Summary Judgment on the Citi Defendants' Sixth Defense. Document filed by Woodrow Clark, Matthew Grabell, Paul Impellezzeri, Andrea Kune, Richard Mandell, Robert Ross, Herve Senequier, Jessica Baker. Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP -THK(pl) (Entered: 05/13/2011)
EXHIBITS TO THE DECLARATION of Kevin C. Aldridge in Support re: (312 in 1:05-cv-07116-WHP -THK) MOTION for Summary Judgment w/ attch. Volume II Volume II (Exhibits 13-32). Document filed by S. Byron Balbach, Jr, Woodrow Clark, Matthew Grabell, Paul Impellezzeri, Andrea Kune, Richard Mandell, Robert Ross, Herve Senequier. Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP -THK(pl) (Entered: 05/13/2011)
EXHIBITS TO THE DECLARATION of Kevin C. Aldridge in Support re: (312 in 1:05-cv-07116-WHP -THK) MOTION for Summary Judgment w/ attch. Volume I (Exhibits 1-12). Document filed by S. Byron Balbach, Jr, Woodrow Clark, Matthew Grabell, Paul Impellezzeri, Andrea Kune, Richard Mandell, Robert Ross, Herve Senequier, Jessica Baker, Jeanne H. Balbach. Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP -THK(pl) (Entered: 05/13/2011)
MEMORANDUM OF LAW in Support re: (312 in 1:05-cv-07116-WHP -THK) MOTION for Summary Judgment. Document filed by Citibank (South Dakota), N.A., Citibank USA, N.A., Citicorp Diners Club, Inc., Citigroup, Inc.. Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP -THK(pl) (Entered: 05/13/2011)
NOTICE OF MOTION for Summary Judgment on the Citi Defendants' Sixth Defense. Document filed by Citibank (South Dakota), N.A., Citibank USA, N.A., Citicorp Diners Club, Inc., Citigroup, Inc.. Return Date set for 9/9/2011 at 11:30 AM.Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP -THK(pl) (Entered: 05/13/2011)
NOTICE OF MOTION for Summary Judgment against the Discovery Defendants as to the absence of Pro-Competitive justification. Document filed by Citibank (South Dakota), N.A., Citibank USA, N.A., Citicorp Diners Club, Inc., Citigroup, Inc., Discover Bank.Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP -THK(pl) (Entered: 05/13/2011)
NOTICE OF MOTION TO FILE UNDER SEAL re: The Memorandum of Law and supporting papers to Plaintiffs motion for summary judgment against the Discovery Defendants as to the absence of Pro-competitive justification. Document filed by S. Byron Balbach, Jr, Woodrow Clark, Matthew Grabell, Paul Impellezzeri, Andrea Kune, Richard Mandell, Robert Ross, Herve Senequier, Jessica Baker, Jeanne H. Balbach, Herbert Berger, Gary Brandeis, Keith Brown, Joseph C. Chatham, Leslie Cooper, Cherie R. Donald, Robert L. Donald, Elizabeth A. Fischer, Jennifer Herbst, Inducon Park Associates, Inc., Ester Grace Javier, Robert R. La Place, Christopher G. LaMarca, Camille Laplaca-Post, Jonathan Lipner, Charles Matthews, Pamela Geller Oshry, Eleanor Mason Ramsey, Phil Salvagio, Gilbert Schrank, Jeffrey Silberman, Howard Steinlauf, Randal Wachsmuth, Rochelle Waldman, Donald E. Wood. Return Date set for 9/9/2011 at 11:30 AM.Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP -THK(pl) (Entered: 05/13/2011)
Joint Statement of Undisputed Material Facts in Support of their Motion for Summary Judgment. Document filed by Citibank (South Dakota), N.A., Citibank USA, N.A., Citicorp Diners Club, Inc., Citigroup, Inc., Universal Bank, N.A., Universal Financial Corp.. (mbe) (Entered: 05/13/2011)
MEMORANDUM OF LAW in Support of Summary Judgment. Document filed by Citibank (South Dakota), N.A., Citibank USA, N.A., Citicorp Diners Club, Inc., Citigroup, Inc., Universal Bank, N.A., Universal Financial Corp.. (mbe) (Entered: 05/13/2011)
MOTION for Summary Judgment. Document filed by Citibank (South Dakota), N.A., Citibank USA, N.A., Citicorp Diners Club, Inc., Universal Bank, N.A., Universal Financial Corp..(mbe) (Entered: 05/13/2011)
DECLARATION of James Swift in Support of Discover's Motion for Summary Judgment(Removed subject to Pending Motion to File Under Seal Pursuant to 4/20/2009 Stipulated Confidentiality Protective Order (dkt. #119). (mbe) (Entered: 05/13/2011)
DECLARATION of Adam J. Schlatner in Support re: 301 MOTION for Summary Judgment. (Volume 2: Exhibits 27-67) Document filed by DFS Services LLC, Discover Bank, Discover Financial Services, Inc.. (mbe) (Entered: 05/13/2011)
DECLARATION of Adam J. Schlatner in Support re: 301 MOTION for Summary Judgment. Document filed by DFS Services LLC, Discover Bank, Discover Financial Services, Inc.. (mbe) (Entered: 05/13/2011)
MEMORANDUM OF LAW in Support of Discover Defendants' Motion for Summary Judgment (REDACTED). Document filed by DFS Services LLC, Discover Bank, Discover Financial Services, Inc.. (mbe) (Entered: 05/13/2011)
DECLARATION of Theodore R. Scarborough in Support of the Citigroup Defendants' Motion for Summary Judgment. (Volume II of II) (mbe) (Entered: 05/13/2011)
MOTION to Seal the Citigroup Defendants' Memorandum in Support of Summary Judgment and Accompanying Exhibits. Document filed by Citibank (South Dakota), N.A., Citibank USA, N.A., Citicorp Diners Club, Inc., Citigroup, Inc., Universal Bank, N.A., Universal Financial Corp..(mbe) (Entered: 05/13/2011)
DECLARATION of Thomas A. Paskowitz in Support of Motion to file Under Seal the Citigroup Defendants' Memorandum in Support of Summary Judgment and Accompanying Exhibits. Document filed by Citibank (South Dakota), N.A., Citibank USA, N.A., Citicorp Diners Club, Inc., Citigroup, Inc., Universal Bank, N.A., Universal Financial Corp.. (mbe) (Entered: 05/13/2011)
ORDER that, pursuant to Paragraph 3(f) of the Stipulation and Agreement of Settlement preliminarily approved by this Court on November 8, 2006 and this Court's October 22, 2007 Amended Order, the Clerk of the Court is directed to draw a check from the Principal Settlement Fund, designated as account no. 07-cc-0001-1 with the Court Registry Investment System ("CRIS"), made payable to the Claims Administrator, and to send the check by overnight mail, no later than Friday, May 27, 2011, to Co-Lead Counsel Berger & Montague, P.C., c/o Merrill G. Davidoff, Esq., 1622 Locust Street, Philadelphia, PA 19103, for distribution to these payees. The disbursement from the CRIS Principal Settlement Fund shall be for the amount of $22,706.76 made payable to Heffler Radetich & Saitta, LLP (Claims Administrator). (Signed by Judge William H. Pauley, III on 5/12/11) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP -THK, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(jmi) (Entered: 05/13/2011)
ENDORSED LETTER addressed to Judge William H. Pauley III from T. Robert Scarborough dated May 10, 2011 re: We would respectfully request a modest adjustment to today's Deadline for summary judgment as follows: Today, May 10, 2011: Parties to serve on one another by 6 p.m. eastern the final version of their summary judgment motions, supporting memoranda of law, and Rule 56.1 Statements of Undisputed Facts. Tomorrow, May 11, 2011: Parties to deliver a complete courtesy copy of their summary judgment materials to Chambers by noon eastern and file with the Clerk all summary judgment materials by 4:30p.m. eastern.. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge William H. Pauley, III on 5/12/11) (jmi) (Entered: 05/13/2011)
ENDORSED LETTER addressed to Judge William H. Pauley from T. Robert Scarborough dated 4/1/11 re: Request for the following motions for summary judgment briefing schedule by all parties. ENDORSEMENT: Application granted. (Motions due by 5/10/2011. Responses due by 7/8/2011. Replies due by 8/5/2011.) (Signed by Judge William H. Pauley, III on 4/4/11) (cd) (Entered: 04/05/2011)
NOTICE OF CHANGE OF ADDRESS by Manuel Juan Dominguez on behalf of All Plaintiffs. New Address: Berman DeValerio, 3507 Kyoto Gardens Drive, Suite 200, Palm Beach Gardens, FL, USA 33410, 561-835-9400. (Dominguez, Manuel) (Entered: 04/01/2011)
ORDER. It is ORDERED that, pursuant to Paragraph 3(f) of the Stipulation and Agreement of Settlement preliminarily approved by this Court on November 8, 2006 and this Court's October 22, 2007 Amended Order, the Clerk of the Court is directed to draw checks from the Principal Settlement Fund, designated as account no. 07-cc-0001-1 with the Court Registry Investment System ("CRIS"), made payable to the Claims Administrator and ARPC, and to send the checks by overnight mail, no later than Friday, February 23, 2011, to Co-Lead Counsel Berger & Montague, P.C., c/o Merrill G. Davidoff, Esq., 1622 Locust Street, Philadelphia, PA 19103, for distribution to these payees. The disbursement from the CRIS Principal Settlement Fund shall be made for the following amounts and payees: (i) the amount of $18,243.58 made payable to Heffler Radetich & Saitta, LLP (Claims Administrator); and (ii) the amount of $22,657.60 made payable to Analysis Research Planning Corporation. (Signed by Judge William H. Pauley, III on 2/17/2011) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP -THK, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP Copies Sent By Chambers. (rjm) (Entered: 02/17/2011)
ORDER Motions for summary judgment due by 4/11/2011 and defendants shall each file a brief not exceeding 25 pages and a joint Rule 56.1 Statement. Responses due by 6/10/2011. Replies due by 7/22/2011. Oral Argument set for 9/9/2011 at 11:30 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 2/16/11) (cd) (Entered: 02/17/2011)
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute. Referred to Magistrate Judge Theodore H. Katz. (Signed by Judge William H. Pauley, III on 2/3/11) (db) (Entered: 02/04/2011)
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute. Referred to Magistrate Judge Theodore H. Katz. (Signed by Judge William H. Pauley, III on 2/1/11) (cd) (Entered: 02/02/2011)
ENDORSED LETTER: addressed to Judge William H. Pauley from Ronald S. Betman dated 1/26/11 re: Counsel for defendants write due to whether conditions Counsel will be unable to travel. With the consent of plaintiffs counsel it is requested that the scheduled hearing be continued to a date that all counsel can attend. Both plaintiff and defendants agree to the following alternate dates February 2, 2011, February 16, or February 18th. ENDORSEMENT: Application granted. The conference is rescheduled for February 16, 2011 at 11:00 a.m. So Ordered. (Signed by Judge William H. Pauley, III on 1/28/11) (js) (Entered: 01/31/2011)
ENDORSED LETTER addressed to Judge William H. Pauley III from David A. Langer dated December 23, 2010 re: Subject to Court approval, Plaintiffs respectfully request that the Court extend the deadline to January 14, 2011 for the completion of declarations or an agreed scheduled for any Rule 30(b)(6) depositions concerning discovery related to the authentication of documents or the establishment of their admissibility. Such an extension would not affect any other dates set forth in the Amended Scheduling Order. The Citibank Defendants have agreed to this extension, and the Discover Defendants do not oppose the extension. Finally, Mr. Davidoff requests that the pre-motion conference scheduled for January 19, 2011 be postponed to January 21, 2011 or later, as he will be traveling on January 19th and 20th. ENDORSEMENT: Application granted. The conference is rescheduled for January 27, 2011 at 12:00 pm. SO ORDERED. ( Discovery due by 1/14/2011, Pre-Motion Conference set for 1/24/2011 at 12:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 1/11/2011) (jmi) (Entered: 01/13/2011)
ENDORSED LETTER addressed to Judge William H. Pauley from Theodore R. Scarborough dated 12/16/10 re: Request for an extension of the following deadlines: (1) In accordance with the Court's Rules of Individual Practice, the Parties will submit pre-motion letters regarding any dispositive motions no later than December 17, 2010. (2) Discovery related to the authentication of documents or the establishment of their admissibility shall close on December 24, 2010. ENDORSEMENT: Application granted. In addition, the parties are directed to appear for a pre-motion conference on January 19, 2011 at 11:30 am. SO ORDERED. (Discovery due by 12/24/2010. Pre-Motion Conference set for 1/19/2011 at 11:30 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 12/22/10) (db) (Entered: 12/23/2010)
ENDORSED LETTER addressed to Judge William H. Pauley from Theodore R. Scarborough dated 12/22/10 re: Defendants respectfully request that the deadline for submitting to the Court opposition letters to the December 15th Letters be extended to December 30, 2010. Plaintiffs do not oppose such anextension and the extension would not affect any other deadlines in this case. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge William H. Pauley, III on 12/22/10) (db) (Entered: 12/23/2010)
ENDORSED LETTER addressed to Judge William H. Pauley from David A. Langer dated 12/10/10 re: Request for an extension of the discovery deadline until 12/17/10. ENDORSEMENT: Application granted. SO ORDERED. (Discovery due by 12/17/2010.) (Signed by Judge William H. Pauley, III on 12/17/10) (db) (Entered: 12/20/2010)
ENDORSED LETTER addressed to judge William H. Pauley, III from Theodore R. Scarbrough dated 11/12/2010 re: The parties have agreed to extend the following deadline: The deposition of Robert D. Tollison shall take place by 12/10/10. Discovery related to the authentication of documents or the establishment of their admissibility shall close on 12/10/10. In accordance with the Court's Rules of Individual Practice, the parties will submit pre-motion letters regarding any dispositive motions no later than 12/16/10. ENDORSEMENT: Application granted. So Ordered. (Signed by Judge William H. Pauley, III on 11/17/2010) (As per Chambers request this letter only gets docketed in this matter.)(jfe) (Entered: 11/18/2010)
ENDORSED LETTER addressed to Judge William H. Pauley III from Theodore R. Scarborough dated November 4, 2010 re: In light of the foregoing, the Parties jointly respectfully request that Your Honor extend the deadline set forth in the Amended Scheduling Order for discovery related to the authentication of documents or the establishment of their admissibility to November 18, 2010. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. ( Discovery due by 11/18/2010.) (Signed by Judge William H. Pauley, III on 11/5/2010) (jmi) (Entered: 11/09/2010)
MEMORANDUM OPINION AND ORDER: #99627 The Court assumes that Discover's counsel will re-review its privilege log to ensure that any documents identical or similar to the documents described above as containing business advice, are produced to Plaintiffs. Discovery properly invoked the attorney-client privilege with respect to the other documents that have been reviewed. (Signed by Magistrate Judge Theodore H. Katz on 11/3/2010) (jpo) Modified on 11/8/2010 (ajc). (Entered: 11/03/2010)
REPLY MEMORANDUM in Further Support re: 270 MOTION to Compel the Production of Citi and Discover Documents subject to an assertion of privilege. Document filed by S. Byron Balbach, Jr, Woodrow Clark, Matthew Grabell, Paul Impellezzeri, Andrea Kune, Richard Mandell, Robert Ross. (mro) (Entered: 10/08/2010)
DECLARATION of Nicholas Urban in Support re: 270 MOTION to Compel the Production of Citi and Discover Documents subject to an assertion of privilege. Document filed by S. Byron Balbach, Jr, Woodrow Clark, Matthew Grabell, Paul Impellezzeri, Andrea Kune, Richard Mandell, Robert Ross. ***Exhibits 48-51 attached hereto. (mro) (Entered: 10/08/2010)
DECLARATION of Nicholas Urban in Support re: 270 MOTION to Compel the Production of Citi and Discover Documents subject to an assertion of privilege. Document filed by S. Byron Balbach, Jr, Woodrow Clark, Matthew Grabell, Paul Impellezzeri, Andrea Kune, Richard Mandell, Robert Ross. ***Exhibits 1-47 attached hereto. (mro) (Entered: 10/08/2010)
MEMORANDUM OF LAW in Support re: 270 MOTION to Compel the Production of Citi and Discover Documents subject to an assertion of privilege. Document filed by S. Byron Balbach, Jr, Woodrow Clark, Matthew Grabell, Paul Impellezzeri, Andrea Kune, Richard Mandell, Robert Ross. (mro) (Entered: 10/08/2010)
MOTION to Compel the Production of Citi and Discover Documents subject to an assertion of privilege. Document filed by S. Byron Balbach, Jr, Woodrow Clark, Matthew Grabell, Paul Impellezzeri, Andrea Kune, Richard Mandell, Robert Ross.(mro) (Entered: 10/08/2010)
ENDORSED LETTER addressed to Judge William H. Pauley from Theodore R. Scarborough dated 9/29/10 re: Subject to Court approval, the Parties have agreed to a November 4, 2010 deadline for discovery related to the authentication of documents or the establishment of their admissibility. Such an extension would not affect any other dates set forth in the Amended Scheduling Order. ENDORSEMENT: Application granted. SO ORDERED. ( Discovery due by 11/4/2010.) (Signed by Judge William H. Pauley, III on 10/6/10) (djc) (Entered: 10/06/2010)
ORDER: The oral argument scheduled for September 28,2010 on Plaintiffs motion to compel will be rescheduled by Judge Katz, to whom this motion has been referred. The parties' motions to file under seal the papers related to Plaintiffs' motion (Docket No. 248) are granted. The parties shall file unredacted copies of the papers under seal and redacted versions on the docket. The Clerk of the Court is directed to terminate the motions pending at Docket Nos. 262 and 264.. (Signed by Judge William H. Pauley, III on 9/23/2010) (jpo) (Entered: 09/24/2010)
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute. Plaintiffs' motion to compel the production of Citi and discover documents subject to an assertion of privilege (docket no. 248) Referred to Magistrate Judge Theodore H. Katz. (Signed by Judge William H. Pauley, III on 9/23/2010) Copies Mailed By Chambers. (jpo) (Entered: 09/24/2010)
MOTION for Leave to File under Seal the Reply Memorandum in further support of plaintiffs' Motion to Compel the production of Citi and Discover documents subject to an assertion of privilege and accompanying Declaration. Document filed by S. Byron Balbach, Jr, Woodrow Clark, Matthew Grabell, Paul Impellezzeri, Andrea Kune, Richard Mandell, Robert Ross, Herve Senequier.(mro) (Entered: 09/02/2010)
STIPULATION AND ORDER REGARDING THE TREATMENT OF DEPOSITIONS IN IN RE CURRENCY CONVERSION ANTITRUST LITIGATION, Subject to the following conditions, plaintiffs and the non-settling defendants ("Defendants") in Ross, et al. v. Bank of America, N.A. (USA), et al. No. 05 Civ. 7116 (WHP) ("Ross v. Bank of America")(the "Parties"), stipulate and agree that the depositions, including the exhibits thereto, list in Appendix A ("Deposition(s)") hereto, which were taken in In re Currency Conversion Antitrust Litigation, MDL 1409, Master File No. 21-95 (S.D.N.Y.) ("Currency Conversion"), or Ross, et al. v. American Express Co., et al., No. 04-cv-5723 (WHP) (S.D.N.Y.) ("Ross v. American Express"), may be treated by the parties in Ross v. Bank of America as if they were depositions taken in Ross v. Bank of America. (Signed by Judge William H. Pauley, III on 08/23/2010) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP(ad) (Entered: 08/23/2010)
MOTION to Seal Discover's Memorandum in Opposition to plaintiffs' Motion to Compel the production of Discover documents subject to an assertion of privilege and Accompanying Exhibits. Document filed by DFS Services LLC, Discover Bank, Discover Financial Services, Inc..(mbe) (Entered: 08/20/2010)
[REDACTED] CITI DEFENDANTS' MEMORANDUM OF LAW in Opposition to Plaintiffs' Motion to Compel the Production of Citi Documents subject to an assertion of Privilege. (*[Orig.] Certificate of Service, [Copy] Motion to File under Seal the Citi Defendants' memorandum in opposition to Plaintiffs' Motion to compel the production of Citi documents subject to an assertion of Privilege and Accompanying Exhibits, [Copy] Declaration of T. Robert Scarbourough in Support attached, [Copy] Declaration of Julie D. Nelson in Support, [Copy] Declaration of Jenny Wilkie in Support, [Copy] Declaration of Karla K. Bergeson in Support, [Copy] Declaration of Edward L. Burge in Support, [Copy] Declaration of Wendy S. Kleinbaum in Support, [Copy] Declaration Sara L. Buehler in Support, [Copy] Declaration of Michael T. Heyrich, Esq. in Support all attached hereto.) Document filed by Citibank (South Dakota), N.A., Citicorp Diners Club, Inc., Citigroup, Inc., Universal Financial Corp. (tro) (Entered: 08/20/2010)
AMENDED SCHEDULING ORDER: 1. Remaining due dates with respect to the parties' merit experts shall be as follows: (a) The deposition of Plaintiffs' expert, Dr. Robert Tollison, shall be taken on September 1, 2010. (b) Defendants' expert reports shall be served by September 21, 2010. (c) Defendants' experts shall be made available for deposition by October 15, 2010. (d) Plaintiff's rebuttal expert reports, if any, shall be served by October 21, 2010. (e) If Plaintiffs' expert, Dr. Bar-Gill, provides a rebuttal expert report, his deposition regarding such report shall take place on October 28, 2010. If any other expert serves a rebuttal expert report on behalf of Plaintiffs, such expert shall be made available for deposition regarding such report by November 12, 2010. 2. Fact discovery is closed, except as otherwise provided in this Order as follows: (a) Former Citi executive Steven Freiberg shall be made available for deposition on September 23, 2010. (b) Discovery previously noticed from the National Arbitration Forum shall end September 30, 2010. (c) Discovery related to the authentication of documents or the establishment of their admissibility shall close on September 30, 2010. (d) Plaintiffs shall serve responses to Defendants' contention interrogatories by September 30, 2010. (e) Defendants shall serve responses to Plaintiffs' contention interrogatories by October 18, 2010. 3. The remaining briefing schedule relating to Plaintiffs' Motion to Compel regarding Defendants' privilege logs shall be as follows: (a) Citi and Discover shall, by electronic means, serve their response briefs by 5:00 pm. Eastern on August 17, 2010 and shall, by electronic means, serve any supporting materials (e.g., affidavits) by Noon Eastern on August 18,2010. CHi and Discover shan file all responsive papers by August 18,2010. (b) Plaintiffs shall file their reply in support of their motion by August 31, 2010. (c) Oral argument on Plaintiffs' motion is scheduled for September 28, 2010 at 10:30 am. 4. In accordance with the Court's Rules of Individual Practice, the parties will submit pre-motion letters regarding any dispositive motions no later than November 18, 2010. (Oral Argument set for 9/28/2010 at 10:30 AM before Judge William H. Pauley III.) Set Deadlines as to (Responses due by 8/18/2010, Replies due by 8/31/2010.) (Signed by Judge William H. Pauley, III on 8/18/10) (db) (Entered: 08/19/2010)
[REDACTED] DECLARATION of J. Ethan McComb in Opposition re: 248 MOTION to Compel. Document filed by DFS Services LLC, Discover Bank, Discover Financial Services, Inc. (mro) (Entered: 08/19/2010)
[REDACTED] MEMORANDUM OF LAW in Opposition re: 248 MOTION to Compel. Document filed by DFS Services LLC, Discover Bank, Discover Financial Services, Inc. (mro) (Entered: 08/19/2010)
ORDER. It is ORDERED that, pursuant to Paragraph 3(f) of the Stipulation and Agreement of Settlement preliminarily approved by this Court on November 8, 2006 and this Court's October 22, 2007 Amended Order, the Clerk of the Court is directed to draw a check from the Principal Settlement Fund, designated as account no. 07-cc-0001-1 with the Court Registry Investment System ("CRIS"), made payable to the Claims Administrator, and to send the check by overnight mail, no later than Friday, August 13, 2010, to Co-Lead Counsel Berger & Montague, P.C., c/o Merrill G. Davidoff, Esq., 1622 Locust Street, Philadelphia, PA 19103, for distribution to this payee. The disbursement from the CRIS Principal Settlement Fund shall be made for the following amount and payee: the amount of $30,960.83 made payable to Heffler Radetich & Saitta, LLP (Claims Administrator). (Signed by Judge William H. Pauley, III on 8/6/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(rjm) (Entered: 08/09/2010)
LETTER addressed to Judge William H. Pauley from T. Robert Scarborough dated 6/17/10 re: 6/11/10 letters requesting the Court's assistance in resolving discovery disputes. Document filed by Citibank (South Dakota), N.A., Citibank USA, N.A., Citicorp Diners Club, Inc., Citigroup, Inc., Universal Bank, N.A., Universal Financial Corp.(db) (Entered: 08/06/2010)
LETTER addressed to Judge William H. Pauley from David F. Graham and T. Robert Scarborough dated 6/11/10 re: Supplement to 5/14/10 letter, requesting the Court's assistance in resolving a discovery dispute. Document filed by Citicorp Diners Club, Inc., Citigroup, Inc., Universal Bank, N.A., Universal Financial Corp.(db) Modified on 8/6/2010 (db). (Entered: 08/06/2010)
LETTER addressed to Judge William H. Pauley from Merrill G. Davidoff dated 6/11/10 re: Remaining disputes fromthe parties joint letter of 5/14/10. Document filed by S. Byron Balbach, Jr, Woodrow Clark, Matthew Grabell, Paul Impellezzeri, Andrea Kune, Richard Mandell, Robert Ross, Herve Senequier.(db) (Entered: 08/06/2010)
ORDER. Plaintiffs and Defendant National Arbitration Forum having notified this Court that they have reached a settlement in principle, the Clerk of the Court is directed to strike as moot Plaintiffs' Motion for Certification of a Class and Subclass dated November 2, 2009. (Signed by Judge William H. Pauley, III on 7/29/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 07/30/2010)
JUDGMENT on Attorney Fees and Costs as to Defendants Bank of America, N.A. (USA) (N/K/A FIA card services, n.a.), Bank of America, N.A., JPMorgan Chase & Co., Chase Bank USA, N.A., Capital One Bank (USA), N.A., Capital One Bank, N.A., HSBC Finance Corporation, and HSBC Bank Nevada. (Signed by Judge William H. Pauley, III on 7/22/10) (Attachments: # 1 notice of right to appeal)Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(ml) (Entered: 07/26/2010)
FINAL JUDGMENT AND ORDER OF DISMISSAL with respect to Defendants Bank of America, N.A. (USA) (N/K/A FIA card services, n.a.), Bank of America, N.A., JPMorgan Chase & Co., Chase Bank USA, N.A., Capital One Bank (USA), N.A., Capital One Bank, N.A., HSBC Finance Corporation, and HSBC Bank Nevada. (Signed by Judge William H. Pauley, III on 7/22/10) (Attachments: # 1 notice of right to appeal)Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(ml) (Entered: 07/26/2010)
ENDORSED LETTER addressed to Judge William H. Pauley from Merrill G. Davidoff dated 7/19/10 re: With the Court's indulgence, Class Plaintiffs request that the dates in paragraphs 6, 7, 8 be adjourned sine die, pending a further prognosis for Dr. Tollison. ENDORSEMENT: Application granted in part. The deadlines in paragraphs 6, 7, and 8 of the Courts 6/18/10 Amended Scheduling Order are suspended as to Dr. Tollison only. Plaintiffs are directed to provide a status report as to Dr. Tollison and remaining expert discovery on 8/4/10.,(Expert Discovery due by 8/4/2010., Status Report due by 8/4/2010.) (Signed by Judge William H. Pauley, III on 7/23/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 07/26/2010)
MOTION to file under seal the Memorandum in support of plaintiffs' Motion to Compel the production of Citi and Discover documents subject to an assertion of privelege and accompanying Declaration. Document filed by Paul Impellezzeri, Andrea Kune, Robert Ross, Woodrow Clark, Richard Mandell, S. Byron Balbach, Jr, Matthew Grabell.(mro) (Entered: 07/22/2010)
MOTION to Compel the Production of Citi and Discovery documents subject to an assertion of privilege. Document filed by Paul Impellezzeri, Andrea Kune, Robert Ross, Woodrow Clark, Richard Mandell, S. Byron Balbach, Jr, Matthew Grabell.(mro) (Entered: 07/22/2010)
ENDORSED LETTER addressed to Judge William H. Pauley III from Ronald S. Betman dated 7/16/2010 re: The parties request an additional one week to continue the meet and confer process regarding this issue. The revised deadline to submit a letter to the Court concerning any issues relating to the use of the Depositions would be July 23, 2010. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. ( Deposition due by 7/23/2010.) (Signed by Judge William H. Pauley, III on 7/20/2010) (jmi) (Entered: 07/21/2010)
LETTER addressed to Judge William H. Pauley III from Ronald S. Betman dated 7/15/2010 re: Supplemental letter addressing the outstanding issues concerning the discovery disputes set forth in the Parties' May 14, 2010 joint letter to the Court. Document filed by Discover Financial Services, Inc., Discover Bank, DFS Services LLC.(mbe) (Entered: 07/16/2010)
ENDORSED LETTER addressed to Judge William H. Pauley III from T. Robert Scarborough dated 7/9/2010 re: Requesting a one week extension of the briefing schedule as follows: Plaintiffs shall submit their brief by July 20, 2010; the Citibank Defendants and the Discovery Defendants shall submit their response brief by August 10, 2010; and Plaintiffs shall submit their reply brief by August 24, 2010. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 7/14/2010) (jpo) (Entered: 07/15/2010)
ENDORSED LETTER addressed to Judge William H. Pauley from Theodore R. Scarborough dated 7/14/2010 re: Counsel for the Citi Defendants write in connection with the Court's final approval hearing scheduled for 7/15/2010 at 11:00 a.m. Counsel will be unable to attend due to a conflict and requests, that they be permitted to participate by phone. ENDORSEMENT: Application Denied. (Signed by Judge William H. Pauley, III on 7/14/2010) (tro) Modified on 7/20/2010 (tro). (Entered: 07/15/2010)
ENDORSED LETTER addressed to Judge William H. Pauley, III from T. Robert Scarborough dated 6/29/10 re: Plaintiffs shall submit their brief by July 13, 2010; the Citibank Defendants and the Discover Defendants shall submit their response brief by August 3, 2010; and Plaintiffs shall submit their reply brief by August 17, 2010. Because this extension would affect the oral argument scheduled for August 12, 2010, at 11:00 a.m., the extension would necessitate rescheduling the oral argument. ENDORSEMENT: Application granted. Oral argument is rescheduled for 9/28/10 at 10:30 a.m., (Motions due by 7/13/2010., Replies due by 8/17/2010., Responses due by 8/3/2010, Oral Argument set for 9/28/2010 at 10:30 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 7/8/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 07/09/2010)
AMENDED SCHEDULING ORDER: 1. Fact discovery shall close on June 30, 2010, except as otherwise provided in this Order. 2. Discovery previously noticed from the National Arbitration Forum shall end July 31, 2010. 3. Discovery related to the authentication of documents or the establishment of their admissibility shall close on August 31, 2010. 4. Depositions of third parties already noticed shall take place no later than August 2010 by agreement of the parties. 5. The deadline for plaintiffs' to submit the merits expert report from Oren Bar-Gill shall be June 23, 2010. The deadline for plaintiffs to submit any additional expert reports shall be July 2, 2010. 6. The deadline for defendants to depose Oren Bar-Gill shall be July 9, 2010. The deadline for defendants to depose plaintiffs' other experts shall be July 20, 2010. 7. Defendants' merits expert reports shall be served no later than August 13, 2010.The deadline for plaintiffs to depose defendants' experts shall be August 27, 2010. 8. Plaintiffs rebuttal expert report(s), if any, shall be due September 3, 2010 and the experts who have made such rebuttal reports shall be made available for deposition with respect to such reports by September 24, 2010. 9. Plaintiffs' responses to contention interrogatories shall be served July 28, 2010. Defendants' responses to contention interrogatories shall be served on or before September 10, 2010. Deposition due by 8/27/2010. Discovery due by 8/31/2010. (Signed by Judge William H. Pauley, III on 6/18/10) (db) (Entered: 06/30/2010)
REPLY in Further Support re: 228 MOTION for Attorney Fees ; 225 MOTION to Approve class action settlements with Bank of America, Capital One, Chase and HSBC. Document filed by Paul Impellezzeri, Andrea Kune, Robert Ross, Woodrow Clark, Richard Mandell, S. Byron Balbach, Jr, Matthew Grabell. (mro) (Entered: 06/29/2010)
ENDORSED LETTER addressed to Judge William H. Pauley from David A. Langer dated 6/21/10 re: We write jointly on behalf of Plaintiffs, Citi and Discover to request a one week extension to the briefing schedule concerning privilege issues, as set forth in the June 9, 2010 Scheduling Order. ENDORSEMENT: Application granted. So ordered., (Motions due by 6/29/2010., Replies due by 8/3/2010., Responses due by 7/20/2010) (Signed by Judge William H. Pauley, III on 6/28/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 06/28/2010)
ENDORSED LETTER addressed to Judge William H. Pauley from Charles Goodwin dated 6/11/10 re: Joint letter concerning a discovery dispute and to submit the letter under seal. ENDORSEMENT: Application granted. The parties shall file unredacted copies of the attached letters under seal and redacted copies on the docket. (Signed by Judge William H. Pauley, III on 6/28/10) (cd) (Entered: 06/28/2010)
ORDER. For the reasons set forth on the record on June 18, 2010, this Court limits Plaintiffs' discovery requests as follows: (1) The Citi Defendants and the Discover Defendants are relieved of any further obligation to respond to requests numbers four and five of Plaintiffs' Second Set of Requests for the Production of Documents Addressed to All Defendants; and (2) The Discover Defendants are relieved of any further obligation to respond to requests numbers thirty-two and thirty-three of Plaintiffs' First Set of Requests for the Production of Documents Addressed to All Defendants, except to the extent that they request annual or multi-year business plans relating to the Discover Defendants' general purpose card operations from January 1, 1999 to December 31, 2006. (Signed by Judge William H. Pauley, III on 6/18/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 06/22/2010)
NOTICE of of Intent to Appear and Statement of Support of Settlement and Application for Attorneys Fees with Certificate of Service re: 228 MOTION for Attorney Fees., 225 MOTION to Approve class action settlements with Bank of America, Capital One, Chase and HSBC.. Document filed by John Hightower. (Turkish, Forrest) (Entered: 06/11/2010)
SCHEDULING ORDER. 1. On or before June 11, 2010, Plaintiffs and the Non-Settling Bank Defendants, Citi and Discover, (collectively, the "Parties") shall each submit a letter addressing any outstanding issues concerning the discovery disputes set forth in the Parties' May 14, 2010 joint letter. 2. Discover shall submit any declaration concerning the discovery issues raised in the Parties' May 14, 2010 joint letter no later than June 4, 2010. Plaintiffs shall respond to any declaration submitted by Discover no later than June 11, 2010. 3. The Court shall hear oral argument on June 18, 2010, at 12:00 noon, concerning any outstanding discovery issues raised in the Parties' May 14, 2010 joint letter, as modified by their letters of June 11, 2010. 4. The Court sets the following briefing schedule to address issues concerning Citis and Discover's privilege assertions: (a) Plaintiffs shall submit their brief on or before June 22, 2010. (b) Citi and Discover shall submit their response brief on or before July 13, 2010. (c) Plaintiffs shall submit their reply brief on or before July 27, 2010. 5. The Court sets the following briefing schedule to address Citi's and Discover's issues (if any) concerning the sufficiency of Plaintiffs' document production: (a) Citi and Discover shall submit their brief on or before June 22, 2010. (b) Plaintiffs shall submit their response brief on or before July 13, 2010. (c) Citi and Discover shall submit their reply brief on or before July 27, 2010. 6. The Court shall hear oral argument on August 12, 2010, at l1:00am, concerning the issues briefed under the schedules set forth in paragraphs 4 and 5 above. 7. On or before June 29, 2010, the Parties shall submit a letter to the Court concerning any issues relating to the use of depositions (and their exhibits) from the related MDL 1409 matters. 8. The Court strikes the prior requirement, set forth in the Court's January 22, 2010 Scheduling Order, at paragraph 4, directing the Parties to submit, by May 28, 2010, a joint letter on the status of the litigation. Motions due by 6/22/2010. Responses due by 7/13/2010 Replies due by 7/27/2010. Oral Argument set for 6/18/2010 at 12:00 PM before Judge William H. Pauley III. Oral Argument set for 8/12/2010 at 11:00 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 6/9/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 06/10/2010)
COMPENDIUM OF DECLARATIONS relating to re: 228 MOTION for Approval of Attorneys' Fees and Reimbursement of litigation expenses pursuant to Rule 23(h) of the FRCP. Document filed by class plaintiffs. (mro) (Entered: 06/02/2010)
MEMORANDUM OF LAW in Support re: 228 MOTION for Approval of Attorneys' Fees and Reimbursement of litigation expenses pursuant to Rule 23(h) of the FRCP. Document filed by class plaintiffs. (mro) (Entered: 06/02/2010)
MOTION for Approval of Attorneys' Fees and Reimbursement of litigation expenses pursuant to Rule 23(h) of the FRCP. Document filed by class plaintiffs.(mro) (Entered: 06/02/2010)
COMPENDIUM OF DECLARATIONS relating to re: 225 MOTION for Final Approval of class action settlements with Bank of America, Capital One, Chase and HSBC. Document filed by class plaintiffs. (mro) (Entered: 06/02/2010)
MEMORANDUM OF LAW in Support re: 225 MOTION for Final Approval of class action settlements with Bank of America, Capital One, Chase and HSBC. Document filed by class plaintiffs. (mro) (Entered: 06/02/2010)
MOTION for Final Approval of class action settlements with Bank of America, Capital One, Chase and HSBC. Document filed by class plaintiffs.(mro) (Entered: 06/02/2010)
NOTICE OF APPEARANCE by Jason Allen Zweig on behalf of Paul Impellezzeri, Andrea Kune, Robert Ross, Woodrow Clark, Herve Senequier, Richard Mandell, S. Byron Balbach, Jr, Matthew Grabell (mro) (Entered: 05/25/2010)
MEMORANDUM AND ORDER. For the foregoing reasons stated in this memorandum and order, Berger's motion for reconsideration is denied. in case 1:04-cv-05723-WHP; denying (826) Motion for Reconsideration in case 1:01-md-01409-WHP. (Signed by Judge William H. Pauley, III on 5/21/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(rjm) (Entered: 05/21/2010)
ORDER: The conference scheduled for 5/21/10 at 12:15 p.m. is rescheduled for 5/21/10 at 11:00 a.m. (Signed by Judge William H. Pauley, III on 5/17/10) (ae) (Entered: 05/18/2010)
ORDER. This Court having reviewed the Report Regarding the Cost of Settlement Notice and Administrative Costs and Motion for Approval of Settlement Notice and Administration Costs for the First Quarter 2010 and the Affidavit of Ronald A. Bertino, CPA, it is ORDERED that, pursuant to Paragraph 3(f) of the Stipulation and Agreement of Settlement preliminarily approved by this Court on November 8, 2006 and this Court's October 22, 2007 Amended Order, the Clerk of the Court is directed to draw a check from the Principal Settlement Fund, designated as account no. 07-cc-0001-1 with the Court Registry Investment System ("CRIS"), made payable to the Claims Administrator, and to send the check by overnight mail, no later than Friday, May 21, 2010, to Co-Lead Counsel Berger & Montague, P.C., c/o Merrill G. Davidoff, Esq., 1622 Locust Street, Philadelphia, PA 19103, for distribution to this payee. The disbursement from the CRIS Principal Settlement Fund shall be made for the following amount and payee: the amount of $76,719.22 made payable to Heffler Radetich & Saitta, LLP (Claims Administrator). (Signed by Judge William H. Pauley, III on 5/12/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP Copies Mailed By Chambers.(rjm) (Entered: 05/13/2010)
ENDORSED LETTER addressed to Judge William H. Pauley from T. Robert Scarborough dated 3/25/2010 re: Both counsel for plaintiffs and Citibank defendants are unavailable for the status conference currently set for May 14. Counsel are available on May 6, as well as May 21. ENDORSEMENT: Application granted. The parties are directed to appear on May 21 at 12:15 pm. ( Status Conference set for 5/21/2010 at 12:15 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 4/5/2010) (tro) (Entered: 04/06/2010)
ORDER. Counsel for the non-settling parties are directed to appear for a status conference on May 14, 2010 at 3:00 p.m. (Status Conference set for 5/14/2010 at 03:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 3/22/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 03/23/2010)
ORDER PRELIMINARILY APPROVING CLASS ACTION SETTLEMENT AS TO DEFENDANTS BANK OF AMERICA, N.A. (USA) (N/K/A FIA CARD SERVICES, N.A.), BANK OF AMERICA, N.A., JPMORGAN CHASE & CO., CHASE BANK USA, N.A., CAPITAL ONE BANK (USA), N.A., CAPITAL ONE BANK, N.A., HSBC FINANCE CORPORATION, AND HSBC BANK NEVADA, N.A... Within seven (7) calendar days of preliminary approval of the Settlement Agreements, the Settling Defendants shall advance funds into the Escrow to cover the costs of notice (including administration), in the amounts set forth in Sections 15(b) of the respective Settlement Agreements. The Court hereby approves the payment of up to $375,000.00 for the payment of notice costs (including administration) and such funds shall be made immediately available to Plaintiffs' Co-Lead Counsel for such purposes only, subject to Plaintiffs' and Plaintiffs' Co-Lead Counsel's compliance with the terms of the Notice Plan... and as further set forth regarding the procedures to be followed that shall govern the handling of this ORDER PRELIMINARILY APPROVING CLASS ACTION SETTLEMENT AS TO DEFENDANTS BANK OF AMERICA, N.A. (USA) (N/K/A FIA CARD SERVICES, N.A.), BANK OF AMERICA, N.A., JPMORGAN CHASE & CO., CHASE BANK USA, N.A., CAPITAL ONE BANK (USA), N.A., CAPITAL ONE BANK, N.A., HSBC FINANCE CORPORATION, AND HSBC BANK NEVADA, N.A. (Signed by Judge William H. Pauley, III on 3/18/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 03/19/2010)
LETTER addressed to Judge William H. Pauley from Krishnan S. Chittur dated 3/5/2010 re: Counsel for Plaintiffs in another class action, Pillitteri v. JP Morgan Chase, 05-cv-1164 (GEL) request that the Court refuse preliminary approval to the "Stipulation and Agreement of Settlement with JP Morgan Chase & Co. and Chase Bank USA, NA.", filed on 2/24/2010, on the ground that this proposed settlement, to quote Judge Posner, sells the valuable claims of a significant portion of the class "down the river," Mirfasihi v. Fleet Mortg. Corp. 356 F.3d 781, 785 (7th Cir. 2004). (tro) (Entered: 03/18/2010)
LETTER addressed to Judge William H. Pauley from Adam J. Schlatner dated 3/11/2010 re: Counsel for Defendants DFS Services, LLC, Discover Bank, and Discover Financial Services writes to the Court. Discover respectfully submits, the Preliminary Order should track precisely the language of that Order. This objection has been raised with Class Plaintiffs' counsel but has not been resolved as of the time of this writing. Document filed by Discover Financial Services, Inc., Discover Bank, DFS Services LLC.(tro) (Entered: 03/18/2010)
LETTER addressed to Judge William H. Pauley from Robert D. Wick dated 3/11/2010 re: Counsel for JP Morgan Chase & Co. and Chase Bank USA, N.A. write in response to the letter of 3/5/2010 from Krishnan S. Chittur and Seth Lesser, counsel to Jo Anna Pillitteri, objecting tot he Stipulation and Agreement of Settlement with JPMorgan Chase & Co. and Chase Bank USA, N.A. Chase requests that this Court overrule the objections raised by Ms. Pillitteri. Document filed by J.P. Morgan Chase & Co., Chase Bank USA, N.A.(tro) (Entered: 03/18/2010)
LETTER addressed to Judge William H. Pauley from Merrill G. Davidoff dated 3/11/2010 re: Counsel write on behalf of Plaintiffs in response to the 3/5/2010 letter from Kirshnan Chittur to Your Honor, voicing objection, on behalf of his client and the uncertified class in Pilliterri v. JP Morgan Chase arbitration. Document filed by Robert Ross, et al.(tro) (Entered: 03/18/2010)
LETTER addressed to Judge William H. Pauley from Merill G. Davidoff dated 3/11/2010 re: Counsel writes to inform the Court that the settling parties (Plaintiffs, Bank of American, Capital One, Chase and HSBC) and the Discover entities have reached an agreement on a revised proposed notice, which agreement addresses the concerns Discovery has raised in its first objection. Document filed by Robert Ross, et al.(tro) Modified on 3/18/2010 (tro). (Entered: 03/18/2010)
ORDER GRANTING MOTION TO FILE CLASS PLAINTIFFS' SUPPLEMENTAL SUBMISSION RECOMMENDING DENIAL OF THE CLAIM SUBMITTED BY PRICELINE.COM UNDER SEAL. GOOD CAUSE HAVING BEEN SHOWN, the Motion to file Class Plaintiffs' Supplemental Submission Recommending Denial of the Claim Submitted by Priceline.com and Supporting Exhibits under seal is hereby GRANTED. (Signed by Judge William H. Pauley, III on 3/16/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(rjm) (Entered: 03/17/2010)
DECLARATION of Jacqueline Roeder re compliance with the notice requirements of the Class Action Fairness Act of 2005. Document filed by Capital One Bank. (cd) (Entered: 03/10/2010)
ORDER. The preliminary approval hearing on March 12, 2010, originally scheduled for 12:00 p.m. will now be held at 3:30 p.m. (Preliminary Approval Hearing set for 3/12/2010 at 03:30 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 3/5/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 03/09/2010)
RESPONSE in Opposition re: 199 MOTION to Approve of Class Action Settlements with Bank of America, Capital One, Chase, and HSBC. Document filed by Discover Financial Services, Inc., Discover Bank, DFS Services LLC. (Received in the night deposit box 3/5/10 at 5:11pm) (mro) (Entered: 03/08/2010)
MEMORANDUM AND ORDER. For the foregoing reasons, Class Counsel's request for an appeal bond is granted. An appeal bond of $50,000 is ordered. The following appellants jointly and severally responsible for posting this bond: (1) Bernd Bilstein; (2) Gary Joseph Bonas II; (3) Thomas Carder, Judy Sargeant, and Dylan L. and Gloria Whisenhunt; (4) Herbert A. Berger; (5) Rene Salazar; (6) David and Marion Murray, and Joel Shapiro; (7) Patricia Tomlinson, Daniel Ernsberger, Rebecca Brainard, Donna and Keith Lonzo, Kathleen and William McWhorter, Michael J. Rinis, and Jesse Bishop; (8) Lawrence E. Schneider, Anne Cochran, Rosalie Borgardts, Leonard Nelson, Milton J. Fontenot, and Ernest J. Browne; and (9) Edward M. and Jane B. Selfe. (Signed by Judge William H. Pauley, III on 3/5/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(rjm) (Entered: 03/05/2010)
ENDORSED LETTER addressed to Judge William H. Pauley, III from Christopher C. Costello dated 2/23/10 re: counsel requests the termination of David E. Mollon from the docket. ENDORSEMENT: Application Granted. (Signed by Judge William H. Pauley, III on 3/3/10) (djc) Modified on 3/4/2010 (djc). (Entered: 03/04/2010)
DECLARATION of David A. Langer in Support re: 199 Class Plaintiffs' MOTION for Preliminary Approval of Class Action Settlements with Bank of America, Capital One, Chase, and HSBC. Document filed by Paul Impellezzeri, Andrea Kune, Robert Ross, Woodrow Clark, Herve Senequier, Richard Mandell, S. Byron Balbach, Jr, Matthew Grabell. (rjm) (Entered: 03/03/2010)
MEMORANDUM in Support re: 199 Class Plaintiffs' MOTION for Preliminary Approval of Class Action Settlements with Bank of America, Capital One, Chase, and HSBC. Document filed by Paul Impellezzeri, Andrea Kune, Robert Ross, Woodrow Clark, Herve Senequier, Richard Mandell, S. Byron Balbach, Jr, Matthew Grabell. (rjm) (Entered: 03/03/2010)
Class Plaintiffs' MOTION for Preliminary Approval of Class Action Settlements with Bank of America, Capital One, Chase, and HSBC. Document filed by Paul Impellezzeri, Andrea Kune, Robert Ross, Woodrow Clark, Herve Senequier, Richard Mandell, S. Byron Balbach, Jr, Matthew Grabell.(rjm) (Entered: 03/03/2010)
NOTICE OF APPEARANCE by Adam Jeremy Schlatner on behalf of NOVUS Credit Services, Inc., Discover Financial Services, Inc., Discover Bank (mro) (Entered: 03/02/2010)
SUPPLEMENTAL SCHEDULING ORDER... the Court sets the following deadlines with respect to proceedings regarding NAF: 1. Fact discovery between Class Plaintiffs and NAF shall be completed by June 18, 2010. 2. With respect to class certification, NAF shall submit its opposition to class certification on or before May 28, 2010, and Class Plaintiffs shall reply on or before July 2, 2010. 3. The due dates stated in Paragraphs 2, 3, and 4 of this Court's Scheduling Order, docketed January 23, 2010, shall apply fully with respect to NAP as with respect to the other parties to this action. Responses due by 5/28/2010 Replies due by 7/2/2010. Fact Discovery due by 6/18/2010. (Signed by Judge William H. Pauley, III on 2/8/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 02/09/2010)
LETTER addressed to Judge William H. Pauley from Merrill G. Davidoff dated 12/31/09 re: Enclosed for Your Honor's convenience and information are two (2) copies of a Memorandum of Settlement in the above-captioned case with a fourth defendant, HSBC. Document filed by Paul Impellezzeri, Robert Ross, Herve Senequier, S. Byron Balbach, Jr, Matthew Grabell.(tro) (Entered: 02/02/2010)
ORDER. It is ORDERED that, pursuant to Paragraph 3(f) of the Stipulation and Agreement of Settlement preliminarily approved by this Court on November 8, 2006 and this Court's October 22, 2007 Amended Order, the Clerk of the Court is directed to draw checks from the Principal Settlement Fund, designated as account no. 07-cc-000l-1 with the Court Registry Investment System ("CRIS"), made payable to the Claims Administrator and the Special Master in the amounts indicated below, and to send these checks by overnight mail, no later than Tuesday, February 16, 2010, to Co-Lead Counsel Berger & Montague, P.C., c/o Merrill G. Davidoff, Esq., 1622 Locust Street, Philadelphia, PA 19103, for distribution to these payees. The disbursements from the CRIS Principal Settlement Fund shall be made for the following amounts and payees: the amount of $174,166.71 made payable to Heffler Radetich & Saitta, LLP (Claims Administrator); and the amount of $10,749.12 made payable to Francis E. McGovern (Special Master). (Signed by Judge William H. Pauley, III on 1/28/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP Copies Mailed By Chambers.(rjm) (Entered: 01/29/2010)
ENDORSED LETTER addressed to Judge William H. Pauley III from Richard H. Silberberg dated 1/26/10 re: counsel for defendant the National Arbitration Forum, Inc. (the "NAF"), one of the named defendants In the above-referenced action. Pursuant to Rule 1(E) of Your Honor's Individual practices, we write to request that the time for the NAF to answer the Plaintiffs' First Amended Class Action Complaint (the "Amended Complaint") be extended from February 1, 2010, through and including February 16, 2010. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 1/28/10) (pl) (Entered: 01/29/2010)
SCHEDULING ORDER. The dates specified Paragraphs 6, 8, 9 and 10 of the Scheduling Order entered March 9, 2009 are amended and the dates for the respective events and activities shall be as follows: 1. Fact discovery shall be completed by May 21, 2010. 2. Due dates with respect to merits expert reports are as follows: (a) Plaintiffs' merits expert report(s) shall be served by June 23, 2010, and their experts made available for deposition with respect to such reports by July 16, 2010. If plaintiffs submit an expert report or declaration from Oren Bar-Gill, his deposition shall occur on or before July 9, 2010. (b) Defendants' expert report(s) shall be served by August 6, 2010, and their experts made available for deposition with respect to such reports by August 20, 2010. (c) Plaintiffs' rebuttal expert report(s), if any, shall be served by September 3, 2010, and the experts who have submitted such rebuttal reports made available for deposition with respect to such reports by September 24, 2010. 3. In accordance with the Court's Rules of Individual Practice, the parties will submit pre-motion letters regarding any dispositive motions no later than September 30, 2010. 4. The parties will submit a joint letter to the Court concerning the status of the case on May 28, 2010, with the letter to be followed by a status conference with the Court... and as further set forth. Deposition due by 9/24/2010. Discovery due by 5/21/2010. (Signed by Judge William H. Pauley, III on 1/22/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 01/25/2010)
NOTICE OF APPEARANCE by Michelle Nicole Ferreri on behalf of HSBC Finance Corporation, HSBC Bank, Nevada, N.A. (Ferreri, Michelle) (Entered: 01/22/2010)
SCHEDULING ORDER. On January 8, 2010, the Court conducted a status conference for the purpose of setting a schedule for the approval, or not, of class action settlements entered into between class plaintiffs and certain defendants. On the presentation of counsel, the Court hereby ORDERS as follows with respect to the schedule for these proceedings: 1. Final settlement agreements shall be filed with the Court on or before February 19, 2010. 2. All papers supporting preliminary approval of these settlements shall be filed with the Court on or before February 26, 2010. 3. Oppositions to preliminary approval, if any, must be filed with the Court on or before March 5, 2010. 4. The Court shall hear argument from all interested parties who desire to be heard on preliminary approval on March 12, 2010 at 11:30 AM. 5. In the event that preliminary approval is granted, the following deadlines shall apply: (a) All papers seeking final approval of these settlements, as well as any papers seeking the Court's approval for the payment of attorneys' fees or the reimbursement of litigation expenses, shall be filed with the Court on or before May 28, 2010. (b) Within 24 hours of the filing of the papers referred to in 5(a), those papers shall be posted, in PDP format, on any website that has been established or maintained, pursuant to Court Order, for the purpose of providing notice of these settlements. (c) Objections, if any, to the final approval of any of these settlements, to the requests for attorneys' fees or to the requests for reimbursement of litigation expenses shall be filed with the Court on or before June 11, 2010. (d) Replies, if any, to the papers submitted pursuant to 5(c) shall be filed with the Court on or before June 25, 2010. (e) The Court shall hold a hearing on the final approval of these settlements, the payment of attorneys' fees and the reimbursement of litigation expenses on July 15, 2010 at 11 AM. Motions due by 5/28/2010. Responses due by 6/11/2010 Replies due by 6/25/2010. Status Conference set for 7/15/2010 at 11:00 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 1/15/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 01/19/2010)
ORDER. For the reasons stated more fully on the record, Defendant National Arbitration Forum's motion to dismiss the First Amended Class Action Complaint (Docket No. 152) is denied. denying (152) Motion to Dismiss in case 1:05-cv-07116-WHP. (Signed by Judge William H. Pauley, III on 1/15/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 01/19/2010)
ENDORSED LETTER addressed to Judge William H. Pauley from Christopher G. Karagheuzoff dated 1/12/10 re: We request that the briefing schedule for the motion be adjusted such that the NAF's class certification opposition papers are due on February 16, 2009, and the Plaintiffs' reply. papers are due on March 18, 2010. ENDORSEMENT: Application granted. So Ordered., (Replies due by 3/18/2010., Responses due by 2/16/2010) (Signed by Judge William H. Pauley, III on 1/14/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 01/15/2010)
ORDER GRANTING MOTION TO FILE DOCUMENTS UNDER SEAL. GOOD CAUSE HAVING BEEN SHOWN, the Motion to file under seal the Memorandum in Support Of Plaintiffs' Motion For Certification of a Class and Subclass, pursuant to Rule 23(b)(2), for their claims against Defendant National Arbitration Forum is hereby GRANTED. granting (169) Motion to Seal in case 1:05-cv-07116-WHP. (Signed by Judge William H. Pauley, III on 1/4/10) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 01/05/2010)
LETTER addressed to Judge William H. Pauley III from Merrill G. Davidoff dated 12/17/2009 re: Enclosed for your Honor's convenience and information are copies of a Memorandum of Settlement in the above-captioned case with third defendant, Capital One Bank(USA), N.A. and Captal One, N.A. Document filed by Paul Impellezzeri, Andrea Kune, Robert Ross, Woodrow Clark, Herve Senequier, Richard Mandell, S. Byron Balbach, Jr, Matthew Grabell.(jmi) (Entered: 01/04/2010)
LETTER addressed to Judge William H. Pauley III from Merrill G. Davidoff dated 12/11/2009 re: Copies of a Memorandum of Settlement in the above-captioned case with a second defendant, Bank of America. The terms are similar to the earlier Chase settlement, with a "forbearance period" which begins May 1, 2010. Document filed by Paul Impellezzeri, Andrea Kune, Robert Ross, Woodrow Clark, Herve Senequier, Richard Mandell, S. Byron Balbach, Jr, Matthew Grabell.(mbe) (Entered: 12/31/2009)
LETTER addressed to Judge William H. Pauley III from Merrill G. Davidoff dated 11/20/2009 re: Enclosed for your Honor's information is an executing Memorandum of Settlement between Plaintiffs and JP Morgan Chase & Co. and Chase Bank USA, N.A., Chase's counsel and Plaintiffs' counsel are available to answer any questions your Honor may have.. Document filed by Paul Impellezzeri, Andrea Kune, Robert Ross, Woodrow Clark, Herve Senequier, Richard Mandell, S. Byron Balbach, Jr, Matthew Grabell.(mbe) (Entered: 12/31/2009)
ORDER: This Court will docket the Settlement Agreements it has received with the Clerk of the Court. Also, this Court will hold a conference with Class Counsel and the settling parties on January 8, 2010, at 12:00 p.m. immediately following the oral argument on NAF's motion to dismiss to discuss those proposed settlements. SO ORDERED. (Signed by Judge William H. Pauley, III on 12/18/2009) (tve) (Entered: 12/18/2009)
ENDORSED LETTER addressed to Judge William H. Pauley III from Christopher G. Karagheuzoff dated 12/11/2009 re: Requesting that tthe briefing schedule for the motion be adjusted such that the NAF's class certification opposition papers are due on January 15, 2010, and the Plaintiffs' reply papers due on February 16, 2010. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 12/15/2009) (jpo) (Entered: 12/16/2009)
ENDORSED LETTER addressed to Judge William H. Pauley, III from Christopher G. Karagheuzoff dated 11/25/2009 re: Counsel request that the briefing schedule for the motion be adjusted such that the NAF's class certification opposition papers are due on 12/15/2009, and the Plaintiffs' reply papers due on 1/15/2010. ENDORSEMENT: Application granted. So Ordered. (Signed by Judge William H. Pauley, III on 12/4/2009) (jfe) (Entered: 12/07/2009)
ENDORSED LETTER addressed to Judge William H. Pauley, III from Christopher G. Karagheuzoff dated 12/3/2009 re: NAF respectfully request that they be permitted to submit a reply brief of up to 15-pages in order to properly address the numerous issues raised in and by the Plaintiffs' opposition. ENDORSEMENT: Application granted. So Ordered. (Signed by Judge William H. Pauley, III on 12/4/2009) (jfe) (Entered: 12/07/2009)
STIPULATION AND ORDER OF WITHDRAWAL OF COUNSEL AND AGREED, by and among the undersigned, that the appearance of Davis Polk & Wardwell LLP, 450 Lexington Avenue, New York, New York 10017 as counsel of record for Defendants DFS Services LLC, Discover Bank and Discover Financial Services (collectively, "Discover") is withdrawn. (Signed by Judge William H. Pauley, III on 11/18/2009) (jmi) (Entered: 11/19/2009)
ENDORSED LETTER addressed to Judge William H. Pauley III from Christopher G. Karagheuzoff dated 11/18/2009 re: We represent the National Arbitration Forum, Inc. (the "NAF"), one of the named defendants in the above-referenced action. The parties request that the date on which the Reply is due be extended to December 4, 2009, in order to accommodate further discussion between them which could potentially resolve or narrow some of the issues presented by the motion. Unless the Court determines otherwise, there is no current need for an adjournment of the the January 8, 2010 date on which oral argument of the motion to dismiss is scheduled. ENDORSEMENT: Application granted. SO ORDERED. ( Replies due by 12/4/2009.) (Signed by Judge William H. Pauley, III on 11/18/2009) (jmi) (Entered: 11/19/2009)
MEMORANDUM OF LAW in Opposition re: 152 MOTION to Dismiss. Document filed by Paul Impellezzeri, Andrea Kune, Robert Ross, Herve Senequier, Richard Mandell, S. Byron Balbach, Jr, Matthew Grabell. (tro) (Entered: 11/10/2009)
DECLARATION of David A Langer in Support of Plaintiffs' Memorandum in Opposition to Defendant National Arbitration Forum's Motion to Dismiss Plaintiffs' First Amended Class Action Complaint. Document filed by Paul Impellezzeri, Andrea Kune, Robert Ross, Woodrow Clark, Richard Mandell, S. Byron Balbach, Jr, Matthew Grabell. *Exhibits 1-9 and Certificate of Service attached. (tro) (Entered: 11/10/2009)
DECLARATION of Kevin C. Aldridge in Support re: 168 MOTION FOR CERTIFICATION OF A CLASS AND SUBCLASS, PURSUANT TO RULE 23(B)(2), ON THEIR CLAIMS AGAINST DEFENDANT NATIONAL ARBITRATION FORUM and APPENDIX LIST OF ATTENDEES FOR KNOWN MEETINGS HELD BETWEEN MAY 25, 2009 AND OCTOBER 16, 2009 Document filed by Paul Impellezzeri, Andrea Kune, Robert Ross, Woodrow Clark, Herve Senequier, Richard Mandell, S. Byron Balbach, Jr, Matthew Grabell. (mro) (Entered: 11/02/2009)
DECLARATION (Redacted Version) of Nicholas Urban in Support re: 168 MOTION FOR CERTIFICATION OF A CLASS AND SUBCLASS, PURSUANT TO RULE 23(B)(2), ON THEIR CLAIMS AGAINST DEFENDANT NATIONAL ARBITRATION FORUM. Document filed by Paul Impellezzeri, Andrea Kune, Robert Ross, Woodrow Clark, Herve Senequier, Richard Mandell, S. Byron Balbach, Jr, Matthew Grabell. (mro) (Entered: 11/02/2009)
MEMORANDUM OF LAW (REDACTED VERSION) in Support re: 168 MOTION FOR CERTIFICATION OF A CLASS AND SUBCLASS, PURSUANT TO RULE 23(B)(2), ON THEIR CLAIMS AGAINST DEFENDANT NATIONAL ARBITRATION FORUM. Document filed by Paul Impellezzeri, Andrea Kune, Robert Ross, Woodrow Clark, Herve Senequier, Richard Mandell, S. Byron Balbach, Jr, Matthew Grabell. (mro) (Entered: 11/02/2009)
MOTION TO FILE UNDER SEAL THE MEMORANDUM IN SUPPORT OF PLAINTIFF'S MOTION FOR CERTIFICATION OF A CLASS AND SUBCLASS, PURSUANT TO RULE23(B)(2), FOR THEIR CLAIMS AGAINST DEFENDANT NATIONAL ARBITRATION FORUM. Document filed by Paul Impellezzeri, Andrea Kune, Robert Ross, Woodrow Clark, Herve Senequier, Richard Mandell, S. Byron Balbach, Jr, Matthew Grabell.(mro) (Entered: 11/02/2009)
MOTION FOR CERTIFICATION OF A CLASS AND SUBCLASS, PURSUANT TO RULE 23(B)(2), ON THEIR CLAIMS AGAINST DEFENDANT NATIONAL ARBITRATION FORUM. Document filed by Paul Impellezzeri, Andrea Kune, Robert Ross, Woodrow Clark, Herve Senequier, Richard Mandell, S. Byron Balbach, Jr, Matthew Grabell.(mro) (Entered: 11/02/2009)
AMENDED ANSWER to FIRST Amended Complaint. Document filed by Capital One Bank, Capital One Bank (USA), N.A.. Related document: 131 First Amended Complaint, filed by S. Byron Balbach, Jr., Robert Ross, Richard Mandell, Herve Senequier, Woodrow Clark, Matthew Grabell, Andrea Kune, Paul Impellezzeri.(mbe) (Entered: 10/27/2009)
THIRD AMENDED ANSWER to Amended Complaint with JURY DEMAND. Document filed by Bank of America N.A. (USA), Bank of America, N.A.. Related document: 131 Amended Complaint filed by S. Byron Balbach, Jr., Robert Ross, Richard Mandell, Herve Senequier, Woodrow Clark, Matthew Grabell, Andrea Kune, Paul Impellezzeri.(mbe) (Entered: 10/26/2009)
FIRST AMENDED ANSWER to Amended Complaint. Document filed by J.P. Morgan Chase & Co., Chase Bank USA, N.A. Related document: 131 Amended Complaint filed by S. Byron Balbach, Jr., Robert Ross, Richard Mandell, Herve Senequier, Woodrow Clark, Matthew Grabell, Andrea Kune, Paul Impellezzeri.(mro) (Entered: 10/26/2009)
ENDORSED LETTER addressed to Judge William H. Pauley, III from Merrill G. Davidoff dated 10/21/09 re: As the Court is aware, on September 23, 2009, NAF moved to dismiss pursuant to Rule 12(b)(1) and pursuant to Rule 12(b)(6)... Those discussions are ongoing. While the parties have made progress, they have not reached agreement. So that the parties may continue those discussions, the parties jointly request that the Court adjourn the deadline for Plaintiffs' response to November 6, 2009 and for NAF's reply to November 20, 2009. The Parties request that the Court reschedule oral argument at its convenience. ENDORSEMENT: Application granted. This Court will hear oral argument on January 8, 2010, at 12:00pm., Set Deadlines/Hearing as to (152 in 1:05-cv-07116-WHP) MOTION to Dismiss. :(Responses due by 11/6/2009, Replies due by 11/20/2009., Motion Hearing set for 1/8/2010 at 12:00 PM before Judge William H. Pauley III.), (Responses due by 11/6/2009, Replies due by 11/20/2009., Oral Argument set for 1/8/2010 at 12:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 10/23/09) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 10/26/2009)
ORDER. This Court having reviewed the Report Regarding the Cost of Settlement Notice and Administrative Costs and Motion for Approval of Settlement Notice and Administration Costs in Excess of $100,000 to a Single Vendor for the Third Quarter 2009 and the Affidavit of Ronald A. Bertino, CPA, it is ORDERED that, pursuant to Paragraph 3(f) of the Stipulation and Agreement of Settlement preliminarily approved by this Court on November 8, 2006 and this Court's October 22, 2007 Amended Order, the Clerk of the Court is directed to draw checks from the Principal Settlement Fund, designated as account no. 07-cc-0001-1 with the Court Registry Investment System ("CRIS"), made payable to the Claims Administrator, the Special Master and Analysis Research Planning Corporation in the amounts indicated below, and to send these checks by overnight mail, no later than Friday, November 6, 2009, to Co-Lead Counsel Berger & Montague, P.C., c/o Merrill G. Davidoff, Esq., 1622 Locust Street, Philadelphia, PA 19103, for distribution to these payees. The disbursements from the CRIS Principal Settlement Fund shall be made for the following amounts and payees: (i) the amount of $528,413.36 made payable to Herner Radetich & Saitta, LLP (Claims Administrator); (ii) the amount of $19,426.26 made payable to Francis E. McGovern (Special Master); and (iii) the amount of $35,166.59 made payable to Analysis Research Planning Corporation. (Signed by Judge William H. Pauley, III on 10/23/09) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(rjm) (Entered: 10/26/2009)
MEMORANDUM AND ORDER In the final analysis, while not perfect, this Settlement with its revamped claims process and the participation of more than 10 million individual claimants embodies Jeremy Bentham's principle of utility to do "the greatest good for the greatest number of people." S.E.C. v. Bear Stearns & Co., 626 F. Supp. 2d 402, 419 (S.D.N.Y. 2009). Given the size and complexity of this multi-district litigation, it was prudent for this Court to have as much information as possible in assessing the fairness and adequacy of the Settlement. This was especially important in view of this Court's intervention to modify the notice and claims process. This Court is convinced that it was worth waiting and any delay was beneficial to the Class. For the foregoing reasons, in the exercise of its informed discretion, this Court grants final approval of the Settlement and grants in part and denies in part Class Counsel's motions for attorney's fees, reimbursement of expenses, and for incentive awards for the class representatives. The parties are directed to submit a final judgment forthwith. SO ORDERED (Signed by Judge William H. Pauley, III on 10/22/2009) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(jmi) (Entered: 10/22/2009)
ENDORSED LETTER addressed to Judge William H. Pauley, III from Merrill G. Davidoff dated 10/14/09 re: Defendants Bank of America, N.A. (USA), Bank of America, N.A., Capital One Bank (USA), N.A., Capital One, N.A., J.P. Morgan Chase, Chase Bank USA, N.A., DFS Services LLC, Discover Financial Services, Discover Bank, HSBC Finance Corporation and HSBC Bank Nevada, N.A. are granted leave to amend their answers, on or before October 23, 2009, to restate or to withdraw certain of their affirmative defenses in conformance with their agreement with Plaintiffs. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 10/14/09) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 10/15/2009)
STIPULATION AND ORDER REGARDING DISCOVERY RELATED TO TESTIFYING EXPERTS IN THIS MATTER. This Stipulation and Order will govern discovery related to testifying experts in this matter. To the extent that this Stipulation and Order imposes limitations on discovery that would otherwise be available pursuant to the Federal Rules of Civil Procedure, the parties have agreed to such limitations. Neither the terms of this Stipulation and Order nor the parties' agreement to them implies that any of the information exempted from discovery in this Stipulation and Order would otherwise be discoverable... and as further set forth. (Signed by Judge William H. Pauley, III on 10/9/09) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 10/13/2009)
ORDER. For the reasons set forth in this order, Plaintiffs' motion for class certification is granted, and this Court certifies the following injunctive relief Class and Subclass pursuant to Rule 23(b)(2): A class consisting of all persons holding during the period in suit a credit or charge card under a United States cardholder agreement with any of the Bank Defendants (including, among other cards, cards originally issued under the MBNA, Bank One, First USA and Providian brands), but not including members of the proposed Subclass, subject to an arbitration provision relating to their cards (the "Class"). A subclass consisting of all persons holding during the period in suit a credit card under a United States cardholder agreement with Discover Bank, which cardholders have not previously successfully exercised their right to opt-out of the Arbitration of Disputes Provision (the "Subclass") The Court further orders that: each Plaintiff is hereby appointed as a representative of the Class; Plaintiff Richard Mandell is hereby appointed as the representative of the Subclass; Berger & Montague, P.e., Coughlin Stoia Geller Rudman & Robbins LLP, Hulett Harper Stewart, LLP, and SCOTT + SCOTT LLP are hereby appointed as Class Counsel and Subclass Counsel; and Because defendant NAF has only recently been served in this action and has not joined in the foregoing stipulation, the foregoing Class and Subclass are certified only as against the defendants other than NAF, and this Order is without prejudice to NAF's right to contend that no class or subclass should be certified as against NAF. (Signed by Judge William H. Pauley, III on 10/6/09) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 10/08/2009)
NOTICE OF APPEARANCE by Melissa Sullivan on behalf of Priceline.Com, Inc. Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(Sullivan, Melissa) (Entered: 10/07/2009)
NOTICE OF APPEARANCE by Joseph L. Clasen on behalf of Priceline.Com, Inc. Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(Clasen, Joseph) (Entered: 10/07/2009)
ENDORSED LETTER addressed to Judge William H.Pauley, III from Merrill G. Davidoff dated 10/1/09 re: counsel requests that the Court adjourn for approximately three weeks the class briefing schedule, which presently sets Plaintiffs. ENDORSEMENT: Application Granted. ( Motions due by 10/28/2009, Replies due by 12/22/2009. Responses due by 12/1/2009) (Signed by Judge William H. Pauley, III on 10/6/09) (djc) (Entered: 10/07/2009)
DECLARATION of Christopher G. Karagheuzoff in Support re: 152 MOTION to Dismiss. Document filed by National Arbitration Forum. (mro) (Entered: 09/24/2009)
MOTION to Dismiss the complaint pursuant to Rules 12(b)(1) and 12(b)(6) fo the FRCP. Document filed by National Arbitration Forum.(mro) (Entered: 09/24/2009)
ENDORSED LETTER addressed to Judge William H. Pauley, III from Merrill G. Davidoff dated 9/15/09 re: I write jointly on behalf of Plaintiffs and all Defendants other than National Arbitration Forum ("NAF") in the above action to request that the Court extend the deadline for Plaintiffs to move (by premotion letter) to strike certain Defendants' affirmative defenses, pursuant to Fed. R.Civ, P. 12(f), to October 15, 2009. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 9/16/09) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 09/18/2009)
ENDORSED LETTER addressed to Judge William H. Pauley, III from Merrill G. Davidoff dated August 25, 2009 re: I have a conflict on November 20, the date your Honor scheduled for oral argument in re the forth coming Motion to Dismiss of Defendant National Arbitration Forum ("NAF"). Mr. Karagheuzoff (counsel for NAF) and I are both available on November 13, if that date is convenient for the Court. ENDORSEMENT: Application granted. The Court will hear oral argument on NAF's motion on November 13, 2009, at 12:00 p.m. SO ORDERED. (Signed by Judge William H. Pauley, III on 8/27/2009) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rw) (Entered: 08/28/2009)
ORDER: 1. Defendant National Arbitration Forum shall file any motion to dismiss by September 23, 2009; 2. Plaintiffs shall file their opposition to the National Arbitration Forum's motion by October 23, 2009; 3. National Arbitration Forum shall file and serve its reply, if any, by November6,2009; 4. This Court will hear oral argument on November 20, 2009, at 12:00 p.m. (Motions due by 9/23/2009. Replies due by 11/6/2009. Responses due by 10/23/2009. Oral Argument set for 11/20/2009 at 12:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 8/21/09) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(db) (Entered: 08/24/2009)
ORDER. Defendant National Arbitration Forum shall file any motion to dismiss by September 23, 2009; Plaintiffs shall file their opposition to the National Arbitration Forum's motion by October 23, 2009; National Arbitration Forum shall file and serve its reply, if any, by November 6, 2009; This Court will hear oral argument on November 20, 2009 at 12:00 p.m. Oral Argument set for 11/20/2009 at 12:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 8/21/09) (djc) (Entered: 08/24/2009)
ENDORSED LETTER addressed to Judge William H. Pauley III from Merrill G. Davidoff dated 8/4/2009 re: We write on behalf of Plaintiffs in the above action to request that the Court extend the deadline for Plaintiffs to move (by pre-motion letter) to strike Defendants' affirmative defenses, pursuant to Fed. R. Civ. P. l2 (f), from August 6, 2009 to September 17, 2009 (i.e., 42 days). ENDORSEMENT: Application granted. SO ORDERED. ( Motions due by 9/17/2009.) (Signed by Judge William H. Pauley, III on 8/4/2009) (jmi) Modified on 8/12/2009 (jmi). (Entered: 08/06/2009)
FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - MOTION for Report and Recommendations Special Master. Document filed by Christopher A. Lotz. (Attachments: # 1 Supplement Certificate of Service, # 2 Supplement Letter to Court)Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP(Treat, David) Modified on 7/30/2009 (jar). Modified on 7/30/2009 (jar). (Entered: 07/29/2009)
ANSWER to Amended Complaint. Document filed by Capital One Bank (USA), N.A., Capital One, N.A. Related document: 131 Amended Complaint,,, filed by S. Byron Balbach, Jr., Robert Ross, Richard Mandell, Herve Senequier, Woodrow Clark, Matthew Grabell, Andrea Kune, Paul Impellezzeri.(dle) (Entered: 07/21/2009)
ANSWER to Amended Complaint. Document filed by Citigroup, Inc., Citibank (South Dakota), N.A., Citibank USA, N.A., Citicorp Diners Club, Inc., Universal Bank, N.A., Universal Financial Corp.. Related document: 131 Amended Complaint,,, filed by S. Byron Balbach, Jr., Robert Ross, Richard Mandell, Herve Senequier, Woodrow Clark, Matthew Grabell, Andrea Kune, Paul Impellezzeri.(dle) (Entered: 07/21/2009)
ANSWER to First Amended Complaint. Document filed by Discover Financial Services, Inc., Discover Bank, DFS Services LLC. (Associated cases: MDL 1409, M21-95) Related document: 131 Amended Complaint. filed by S. Byron Balbach, Jr., Robert Ross, Richard Mandell, Herve Senequier, Woodrow Clark, Matthew Grabell, Andrea Kune, Paul Impellezzeri.(mbe) (Entered: 07/21/2009)
ANSWER to First Amended Class Action Complaint. Document filed by J.P. Morgan Chase & Co., Chase Bank USA, N.A.. Related document: 131 Amended Complaint,,, filed by S. Byron Balbach, Jr., Robert Ross, Richard Mandell, Herve Senequier, Woodrow Clark, Matthew Grabell, Andrea Kune, Paul Impellezzeri.(djc) (Entered: 07/20/2009)
ANSWER to Amended Complaint. Document filed by HSBC Finance Corporation, HSBC Bank, Nevada, N.A.. Related document: 131 Amended Complaint,,, filed by S. Byron Balbach, Jr., Robert Ross, Richard Mandell, Herve Senequier, Woodrow Clark, Matthew Grabell, Andrea Kune, Paul Impellezzeri.(Rabinovici, Sarah) (Entered: 07/17/2009)
ENDORSED LETTER addressed to Judge William H. Pauley, III from Christopher G. Karagheuzoff dated 7/14/09 re: We write on behalf of the NAF to respectfully request that the court extend from 7/17/09, to and including 8/17/09, the date by which the NAF must respond to the FAC. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 7/16/09) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 07/17/2009)
NOTICE of Filing of Proof of Service of Summons and Complaint. Document filed by Paul Impellezzeri, Andrea Kune, Robert Ross, Woodrow Clark, Herve Senequier, Richard Mandell, S. Byron Balbach, Jr. (tro) (Entered: 07/07/2009)
ORDER....in view of the importance of these issues, this Court is scheduling a further hearing and inviting comments on the Supplemental Special Master Report. Accordingly, this Court orders the following: Class Counsel shall serve a copy of the Supplemental Special Master Report with exhibits and this Order on all counsel of record and any pro se parties and shall post an electronic copy of the Supplemental Report and this Order on the Claims Administrator's website......This Court will conduct a hearing concerning the issues raised by the Supplemental Report in Courtroom 11D 500 Pearl Street, NY NY, on 8/6/09 at 11:00 am. Any individual wishing to address the Court at the 8/6/09, hearing must notify the Court in writing by 8/3/09. (Signed by Judge William H. Pauley, III on 7/2/09) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP Copies sent by chambers.(cd) (Entered: 07/02/2009)
MEMORANDUM & ORDER; Plaintiffs move to consolidate these two related actions no 04 cv 5723 and 05 cv 7116 for pretrial and trial purposes. For the reasons set forth in this Memorandum and Order, Plaintiffs' motion is denied without prejudice; Moreover, because that lead is not guaranteed, this Court will entertain a renewed application to consolidate the cases for trial in the event circumstances change.. (Signed by Judge William H. Pauley, III on 6/18/09) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP(ae) (Entered: 06/18/2009)
NOTICE OF APPEARANCE by Sarah Sandok Rabinovici on behalf of HSBC Finance Corporation, HSBC Bank, Nevada, N.A. (Rabinovici, Sarah) (Entered: 06/09/2009)
FIRST AMENDED COMPLAINT amending 1 Complaint,, against Bank of America, N.A., Bank of America N.A. (USA), J.P. Morgan Chase & Co., Chase Bank USA, N.A., Citigroup, Inc., Citibank (South Dakota), N.A., Citibank USA, N.A., Citicorp Diners Club, Inc., Universal Bank, N.A., Universal Financial Corp., Discover Financial Services, Inc., Discover Bank, HSBC Finance Corporation, HSBC Bank, Nevada, N.A., Capital One Bank (USA), N.A., Capital One, N.A.. Document filed by Richard Mandell, Paul Impellezzeri, Andrea Kune, Robert Ross, Woodrow Clark, Herve Senequier, S. Byron Balbach, Jr, Matthew Grabell. Related document: 1 Complaint,, filed by S. Byron Balbach, Jr., Robert Ross, Herve Senequier, Andrea Kune, Matthew Grabell, Paul Impellezzeri, Woodrow Clark.(dle) (Entered: 06/09/2009)
CERTIFICATE OF SERVICE of Notice of Appearance served on Bonny Sweeney, Dennis Stewart, David Graham, T. Robert Scarborough, Sarah Sandok Rabinovici, Harry Robins, Merrill Davidoff, Robert Wick, Dimple Gupta, Zachary G. Parks, Mark P. Lander, William Wade-Gerry, Jodi Miller, Robert Y. Sperling, Ronald S. Betman, Linda T. Coberly on 6/2/2009. Service was made by United States Mail. Document filed by Capital One Bank (USA), N.A., Capital One, N.A.. (mbe) (Entered: 06/03/2009)
ORDER. Plaintiffs' motion for leave to file their proposed First Amended Class Action Complaint (Docket No. 115) is granted. Plaintiffs shall file their First Amended Class Action Complaint by June 17, 2009. Defendants shall respond to the First Amended Class Action Complaint by July 17, 2009. granting (115) Motion to Amend/Correct in case 1:05-cv-07116-WHP; granting (674) Motion to Amend/Correct in case 1:01-md-01409-WHP. (Signed by Judge William H. Pauley, III on 6/3/09) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 06/03/2009)
ORDER: The disbursements from the CRIS Principal Settlement Fund shall be made for the following amounts and payees: (i) the amount of $593,553.22 made payable to Heffler Radetich & Saitta, LLP (Claims Administrator); and (ii) the amount of $1,894.00 made payable to Analysis Research Planning Corporation. ORDER in case 1:04-cv-05723-WHP; granting (694) Motion to Approve in case 1:01-md-01409-WHP. (Signed by Judge William H. Pauley, III on 5/26/09) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP, 1:06-cv-15447-WHP, 1:07-cv-05583-WHP Copies Mailed by Chambers.(db) (Entered: 05/27/2009)
ENDORSED LETTER addressed to Judge William H. Pauley from Merrill G. Davidoff dated 5/14/09 re: The parties would be available to appear before your Honor anytime on May 29th, the afternoon of June 4th, or anytime June 5th, if any of those dates are convenient for the Court. We would respectfully request that the hearing be again rescheduled for any of those dates/times or a subsequent date convenient to your Honor. ENDORSEMENT: Application granted. This Court will hear oral argument on plaintiffs motion to consolidate 6/5/09 at 11:00am., (Oral Argument set for 6/5/2009 at 11:00 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 5/18/09) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 05/19/2009)
SCHEDULING ORDER. Oral Argument on Plaintiffs motion to consolidate this action with Ross v American Express Co., No. 04-5723, is re-scheduled for May 28, 2009, at 3:00pm. Oral Argument set for 5/28/2009 at 03:00 PM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 5/13/09). Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP (rjm) (Entered: 05/14/2009)
RESPONSE to Motion re: 115 MOTION to Amend/Correct.. Document filed by Bank of America N.A. (USA), Capital One Bank, Capital One F.S.B., J.P. Morgan Chase & Co., Chase Bank USA, N.A., Citigroup, Inc., Citibank (South Dakota), N.A., Citibank USA, N.A., Citicorp Diners Club, Inc., Universal Bank, N.A., Universal Financial Corp., NOVUS Credit Services, Inc., Discover Financial Services, Inc., Discover Bank, HSBC Finance Corporation, MBNA America Bank, N.A., MBNA America (Delaware), N.A., HSBC Bank, Nevada, N.A.. (djc) (Entered: 05/11/2009)
OPPOSITION/RESPONSE TO PLAINTIFFS' MOTION TO CONSOLIDATE. Document filed by Bank of America N.A. (USA), Capital One Bank, Capital One F.S.B., J.P. Morgan Chase & Co., Chase Bank USA, N.A., Citigroup, Inc., Citibank (South Dakota), N.A., Citibank USA, N.A., Citicorp Diners Club, Inc., Universal Bank, N.A., Universal Financial Corp., NOVUS Credit Services, Inc., Discover Financial Services, Inc., Discover Bank, HSBC Finance Corporation, MBNA America Bank, N.A., MBNA America (Delaware), N.A., HSBC Bank, Nevada, N.A.. (djc) (Entered: 05/07/2009)
ORDER ADMITTING COUNSEL PRO HAC VICE granting (121) Motion for Zachary G. Parks to Appear Pro Hac Vice for defendants JPMorgan Chase & Co. and Chase Bank USA, N.A. in case 1:05-cv-07116-WHP. (Signed by Judge William H. Pauley, III on 5/4/2009) Filed In Associated Cases: 1:01-md-01409-WHP, 1:05-cv-07116-WHP(jmi) Modified on 5/11/2009 (jmi). (Entered: 05/05/2009)
ORDER CONCERNING THE USE OF DISCOVERY PRODUCED BY AMERICAN EXPRESS IN THE RELATED CASE ROSS, ET AL. V. BANK OF AMERICA, N.A., ET AL., NO 05-CV-7116 WHP (S.D.N.Y.)regarding the procedures to be followed that shall govern the handling of Discovery Produced by American Express in the Related Case Ross., etal. v Bank of America, N.A., etal. 05-7116 (WHP), and as further set forth. (Signed by Judge William H. Pauley, III on 4/27/09) Filed In Associated Cases: 1:01-md-01409-WHP, 1:04-cv-05723-WHP, 1:05-cv-07116-WHP(rjm) (Entered: 04/28/2009)
STIPULATION FOR ENTRY OF A CONFIDENTIALITY ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge William H. Pauley, III on 4/20/2009) (jmi) (Entered: 04/21/2009)
MOTION for entry of a stipulation for entry of a confidentiality order. Document filed by Paul Impellezzeri, Andrea Kune, Robert Ross, Woodrow Clark, Herve Senequier, S. Byron Balbach, Jr, Matthew Grabell.(dle) (Entered: 04/20/2009)
MEMORANDUM OF LAW in Support re: 115 MOTION to Amend/Correct. Document filed by Paul Impellezzeri, Andrea Kune, Robert Ross, Woodrow Clark, Herve Senequier, S. Byron Balbach, Jr, Matthew Grabell. (Original file in case # 01-md-1409 doc. # 675) (jmi) (Entered: 04/15/2009)
PLAINTIFFS' MOTION to Amend/Correct the Complaint. Document filed by Paul Impellezzeri, Andrea Kune, Robert Ross, Woodrow Clark, Herve Senequier, S. Byron Balbach, Jr, Matthew Grabell.(jmi) (Original file in case # 01-md-1409 doc. # 674)Modified on 4/15/2009 (jmi). (Entered: 04/15/2009)
SCHEDULING ORDER: Motions due by 4/17/2009. Responses due by 5/1/2009 Replies due by 5/8/2009. Oral Argument set for 5/20/2009 at 04:00 PM before Judge William H. Pauley III. SO ORDERED (Signed by Judge William H. Pauley, III on 4/7/2009) (jmi) (Entered: 04/08/2009)
ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Alexandra S. Bernay for Paul Impellezzeri, Andrea Kune, Robert Ross, Woodrow Clark, Herve Senequier, S. Byron Balbach, Jr and Matthew Grabell admitted Pro Hac Vice. (Signed by Judge William H. Pauley, III on 4/6/2009) (jmi) (Entered: 04/07/2009)
AGREED ORDER On the joint request of the parties, the Court hereby Orders as follows: The April 6, 2009 deadline for asserting additional causes of action or claims or prayers for relief, as stated in of this Court's Order of March 31,2009, is reset to April 14, 2009. SO ORDERED. (Signed by Judge William H. Pauley, III on 4/6/2009) (jmi) (Entered: 04/07/2009)
ORDER: The March 31, 2009 deadline for asserting additional causes of action or claims or prayers for relief, as stated in paragraph 1 of this Court's Scheduling Order of March 9, 2009, is reset to April 6, 2009. No pre-motion letter is required in connection with any filing on this revised deadline, or with respect to any other filing as to which a deadline was established in paragraph 1 of this Court's Scheduling Order. (Signed by Judge William H. Pauley, III on 3/30/2009) (jpo) (Entered: 03/31/2009)
ORDER that this Court will hold a teleconference with Counsel regarding Plaintiffs' proposed motion to consolidate this action with Ross v American Express, No. 04-5723, on 4/7/09, at 3:00 pm. ( Telephone Conference set for 4/7/2009 at 03:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 3/23/09) (cd) (Entered: 03/24/2009)
SCHEDULING ORDER. The parties have met and conferred on the subject of pre-trial discovery and other scheduling matters in this matter. On January 23, 2009, the Court conducted a status conference to address the same topics. On February 3, 2009, the Court convened a telephonic conference to further discuss scheduling issues with the parties. Pursuant to Fed.R.Civ.P. Rule 16(b), this Order embodies and reflects the Court's rulings made during those conferences, and the parties' scheduling agreements. No additional causes of action, or claims for relief or prayers for relief, may be asserted after March 31, 2009. No additional parties may be joined after May 15, 2009. No additional affirmative defenses may be asserted after April 30, 2009, other than by any new parties which may be joined. Written and document discovery may begin immediately. Fact witness depositions may commence on or after March 16, 2009. Each side is collectively limited to 25 fact witness depositions. This ruling presumes that the parties are able to reach agreement on the use of depositions from Ross v. American Express Co., No. 04 Civ. 5723 (WHP) (SD.N.Y.), and In re Currency Conversion Fee Antitrust Litigation, Master File No. M 21-95; MDL No. 1409 (S.D.N.Y.). A party may seek leave to modify these limits for good cause shown. The parties' responses to any interrogatories subject to Local Rule 33.3(c) shall be due two weeks following the date on which the parties' respective merits expert reports are due. Fact discovery shall be completed by January 29, 2010. No depositions will be taken, or other discovery scheduled to be due, during the interval from December 21, 2009 through January 6, 2010. Due dates with respect to class certification are as follows: (a) Plaintiffs will serve their expert report(s) on class certification on June 3, 2009. Plaintiffs will make available for deposition by July 10, 2009 any experts whose reports they have served. (b) Defendants will serve their expert report(s) on class certification on July 31, 2009. Defendants will make available for deposition by August 21, 2009 any experts whose reports they have submitted in support of their opposition papers. (c) Plaintiffs will serve their rebuttal expert report(s) on class certification on September 11, 2009. Plaintiffs will make available for deposition by September 30, 2009 any experts whose rebuttal reports they have served. (d) Plaintiffs will file and serve their class certification motion and supporting brief by October 5, 2009. (e) Defendants will file and serve their opposition papers by November 4, 2009. (f) Plaintiffs will file and serve their reply in support of class certification by November 25, 2009. 8. Due dates with respect to merits expert reports are as follows: (a) Plaintiffs' merits expert report(s) shall be served by March 5, 2010, and their experts made available for deposition with respect to such reports by April 2, 2010. (b) Defendants' expert report(s) shall be served by May 14, 2010, and their experts made available for deposition with respect to such reports by June 4, 2010. (c) Plaintiffs' rebuttal expert report(s), if any, shall be served by June 18, 2010, and the experts who have submitted such rebuttal reports made available for deposition with respect to such reports by July 9, 2010. 9. In accordance with the Court's Rules of Individual Practice, the parties will submit pre- motion letters regarding any dispositive motions no later than July 23, 2010. 10. The parties will submit a joint letter to the Court concerning the status of the case on February 1, 2010, with the letter to be followed by a status conference with the Court. Relates to 01md1409, 05-7116. Deadlines set only in Case No. 05-7116. Motions due by 10/5/2009. Responses due by 11/4/2009 Replies due by 11/25/2009. Deposition due by 3/16/2009. Discovery due by 1/29/2010. (Signed by Judge William H. Pauley, III on 3/9/09) (rjm) (Entered: 03/10/2009)
STIPULATION & ORDER SUBSTITUTING COUNSEL: Morrison & Foerster, LLP, shall be and hereby is substituted in place of Wilmer Cutler Pickering Hale and Dorr, LLP, as counsel for defendants MBNA America Bank, N.A. and MBNA America (Delaware), N.A. in this action. Attorney Mark Paul Ladner for MBNA America Bank, N.A. and MBNA America (Delaware), N.A., Jodi Kim Miller for and added. Attorney Noah Adam Levine; Christopher Robin Lipsett; Mark Paul Ladner and David Sapir Lesser terminated. (Signed by Judge William H. Pauley, III on 3/9/09) (tro) (Entered: 03/10/2009)
MOTION for Alexandra S. Bernay to Appear Pro Hac Vice. Document filed by Paul Impellezzeri, Andrea Kune, Robert Ross, Woodrow Clark, Herve Senequier, S. Byron Balbach, Jr, Matthew Grabell.(dle) (Entered: 03/05/2009)
ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Kristen M. Anderson for Paul Impellezzeri, Andrea Kune, Robert Ross, Woodrow Clark, Herve Senequier, S. Byron Balbach, Jr and Matthew Grabell admitted Pro Hac Vice. (Signed by Judge William H. Pauley, III on 2/13/2009) (jmi) (Entered: 02/17/2009)
ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Christopher M. Burke for Paul Impellezzeri, Andrea Kune, Robert Ross, Woodrow Clark, Herve Senequier, S. Byron Balbach, Jr and Matthew Grabell admitted Pro Hac Vice. (Signed by Judge William H. Pauley, III on 2/13/2009) (jmi) (Entered: 02/17/2009)
MOTION for Kristen M. Anderson to Appear Pro Hac Vice. Document filed by Paul Impellezzeri, Andrea Kune, Robert Ross, Woodrow Clark, Herve Senequier, S. Byron Balbach, Jr, Matthew Grabell.(dle) (Entered: 02/10/2009)
MOTION for Christopher M. Burke to Appear Pro Hac Vice. Document filed by Paul Impellezzeri, Andrea Kune, Robert Ross, Woodrow Clark, Herve Senequier, S. Byron Balbach, Jr, Matthew Grabell.(dle) (Entered: 02/10/2009)
ORDER. On February 3, 2009, this Court held a brief teleconference with counsel for the parties regarding the class certification briefing schedule. The parties have agreed to submit a refined schedule for the class certification expert reports and class certification briefing. Relates to 01md1409, 05-7116. (Signed by Judge William H. Pauley, III on 2/6/09) (rjm) (Entered: 02/09/2009)
ORDER. This Court will hold a teleconference with the parties on 2/3/09, 5:30pm to discuss the proposed class certification briefing schedule. Relates to 01md1409, 05-7116.( Telephone Conference set for 2/3/2009 at 05:30 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 1/30/09) (rjm) (Entered: 02/02/2009)
NOTICE OF CHANGE OF ADDRESS by Manuel Juan Dominguez on behalf of Robert Ross. New Address: Berman DeValerio, 4280 Professional Center Drive, Suite 350, Palm Beach Gardens, Florida, USA 33410, 561-835-9400. (Dominguez, Manuel) (Entered: 01/29/2009)
AGREED ORDER FIXING TIME TO ANSWER FOR DISCOVER DEFENDANTS. IT IS HEREBY ORDERED that the Discover Defendants shall file and serve their answer(s) to Plaintiffs' Complaint on or before February 23, 2009. This Document relates to 01md1409, 05-7116. (Signed by Judge William H. Pauley, III on 1/28/09) (rjm) (Entered: 01/29/2009)
ORDER. The current stay on discovery with respect to defendants Novus Credit Services, Inc., Discover Financial Services, Inc. (Discover Financial Services, Inc. is now Discover Financial Services LLC) and Discover Bank (collectively, Discover) is lifted. Relates to 01md1409, 05-7116. (Signed by Judge William H. Pauley, III on 1/23/09) (rjm) (Entered: 01/26/2009)
MEMORANDUM AND ORDER... For the reasons stated in this memorandum and order, Discover's motion to dismiss for lack of Article III standing and antitrust standing is denied. Defendants' motions to strike Plaintiffs' jury demand are granted... and as further set forth. This Document relates to 01md1409, 05-7116. (Signed by Judge William H. Pauley, III on 1/21/09) (rjm) (Entered: 01/22/2009)
ORDER granting 91 Motion to Dismiss of Providian Financial Corp and Providian National Bank without prejudice and for substitution of Chase Bank USA, NA as the party-in-interest for the claims previously asserted against the Providian defenants; granting 91 Motion to Substitute Party. Providian Financial Corporation and Providian National Bank terminated. (Signed by Judge William H. Pauley, III on 1/16/09) (cd) (Entered: 01/20/2009)
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 89 Motion for Charles P. Goodwin to Appear Pro Hac Vice for plaintiffs. (Signed by Judge William H. Pauley, III on 1/16/09) (cd) (Entered: 01/20/2009)
MEMORANDUM OF LAW in Support re: 91 MOTION to Dismiss. MOTION to Substitute Party. Old Party: Providian Financial Corp. and Providian National Bank, New Party: Chase Bank USA, N.A. Document filed by J.P. Morgan Chase & Co., Chase Bank USA, N.A., Providian Financial Corporation, Providian National Bank. (db) (Entered: 01/16/2009)
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