MOTION to Approve Bondholder Plaintiffs' Notice Program and Plan of Allocation . Document filed by Ellen Gelboim, Linda Zacher.Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(Morris, Karen) (Entered: 09/25/2017)
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Approve Bondholder Plaintiffs' Motion for Approval of Notice Program and Plan of Allocation Declaration of Stephen J. Cirami Regarding Notice Program. Document filed by Ellen Gelboim, Linda Zacher. (Attachments: # 1 Exhibit A - Individual Notice, # 2 Exhibit B - Summary Notice, # 3 Exhibit C - Proof of Claim Form)Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(Morris, Karen) Modified on 9/25/2017 (db). (Entered: 09/22/2017)
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Approve Bondholder Plaintiffs' Motion for Approval of Notice Program and Plan of Allocation . Document filed by Ellen Gelboim, Linda Zacher. (Attachments: # 1 Bondholder Plaintiffs' Memorandum of Law ISO Approval of Notice Program and Plan of Allocation, # 2 Declaration of Karen L. Morris and Robert S. Kitchenoff ISO Motion for Approval of Notice Program and Plan of Allocation, # 3 Exhibit 1 to Counsel Declaration - Plan of Allocation, # 4 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(Morris, Karen) Modified on 9/25/2017 (db). (Entered: 09/22/2017)
NOTICE OF APPEARANCE by Mary Beth Forshaw on behalf of Chase Bank USA, N.A., JPMorgan Bank Dublin PLC, JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., J.P. Morgan Chase & Co., JPMorgan Chase Bank, National Association, JPMorgan Chase & Co, JPMorgan Chase Bank NA, J.P. Morgan Chase & Co., JP Morgan Chase Bank, N.A., JPMorgan Chase & Co., J.P. MORGAN CHASE CHASE BANK, N.A., J.P. Morgan Chase & Co., JP Morgan Chase & Co., Bear Stearns Capital Markets, Inc., J.P. Morgan Bank Dublin PLC, J.P. Morgan Markets Ltd., JP Morgan Chase & Co., JPMorgan Chase Bank, N.A., JPMorgan Chase Bank, N.A., JPMorgan Chase Bank N.A., JPMorgan Chase Bank N.A., JPMorgan Chase Bank, JPMorgan & Chase Co., JPMorgan Chase Bank National Association, JPMorgan Chase Bank, N.A., J.P. Morgan Bank Dublin PLC, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., Chase Bank USA, JP Morgan Securities LLC, J.P. Morgan Chase Bank, N.A., JPMorgan Chase & Co., JPMorgan Chase and Co, JP Morgan Chase Bank, National Association, J. P. Morgan Chase & Co., JPMorgan Chase Bank N.A., J.P. Morgan Chase & Co., J.P. Morgan Securities LLC, JP Morgan Chase Bank, N.A., JPMorgan Chase Bank, N.A.. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Forshaw, Mary Beth) (Entered: 09/05/2017)
MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF ATTORNEY AND WITHDRAWAL FROM ELECTRONIC NOTIFICATION: Request is hereby made by Jeffrey A. Shooman, Esq., former counsel for 33-35 Green Pond Road Associates in the above-captioned matter, to withdraw from electronic notification in the within case, and it is represented that: I no longer represent my former client in this case, as I am no longer associated with the law firm of Lite DePalma Greenberg LLC, counsel to 33-35 Green Pond Road Associates. I have had no connection with these litigations since September 2015. Therefore, I no longer wish to receive notices in these cases. ENDORSEMENT: SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 8/03/2017) (ama) (Entered: 08/03/2017)
AMENDED NOTICE OF APPEAL re: (201 in 1:12-cv-01025-NRB, 1983 in 1:11-md-02262-NRB) Corrected Notice of Appeal, (1982 in 1:11-md-02262-NRB, 200 in 1:12-cv-01025-NRB) Notice of Appeal, (2095 in 1:11-md-02262-NRB) Judgment,,. Document filed by Ellen Gelboim, Linda Zacher. Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(Morris, Karen) (Entered: 07/26/2017)
FILING ERROR - NO ORDER/JUDGMENT SELECTED FOR APPEAL - AMENDED NOTICE OF APPEAL re: (201 in 1:12-cv-01025-NRB, 1983 in 1:11-md-02262-NRB) Corrected Notice of Appeal, (1982 in 1:11-md-02262-NRB, 200 in 1:12-cv-01025-NRB) Notice of Appeal,. Document filed by Ellen Gelboim, Linda Zacher. Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(Morris, Karen) Modified on 7/26/2017 (nd). (Entered: 07/26/2017)
ORDER DIRECTING ENTRY OF PARTIAL FINAL JUDGMENT: NOW, THEREFORE, IT IS HEREBY ORDERED AND ADJUDGED, that Bondholder Plaintiffs' request for relief under Rule 54(b) is granted, and for the reasons recited above, the amended judgment of June 27, 2017, dismissing the Bondholder Plaintiffs Action against all defendants other than settling Defendants Barclays Bank plc, HSBC Bank plc, HSBC Holdings plc and UBS AG, is hereby designated a partial final judgment under Rule 54(b), and is hereby entered as such. (Signed by Judge Naomi Reice Buchwald on 7/19/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(ama). *Motion(s) terminated: (204 in 1:12-cv-01025-NRB, 2017 in 1:11-md-02262-NRB). Modified on 7/19/2017 (ama). (Entered: 07/19/2017)
MEMORANDUM AND ORDER: granting 1947 Letter Motion for Conference in case 1:11-md-02262-NRB; granting 198 Letter Motion for Conference in case 1:12-cv-01025-NRB. Therefore, the motion for preliminary Approval of the settlements is granted. The Court appoints Morris and Morris LLC Counselors At Law and Weinstein Kitchenoff & Asher LLC as Bondholder Settlement Class Counsel. Ellen Gelboim and Linda Zacher are appointed to serve as representatives of the Bondholder Settlement Class. The Court approves Garden City Group LLC as the Claims Administrator, and Wilmington Saving Fund Society FSB as Escrow Agent. Insofar as the parties wish to seek the Court's endorsement of any other topics raised in plaintiffs' proposed order, ECF No. 1947-7, they should be presented in a stipulation to be so ordered by the Court. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 7/05/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB (ama) (Entered: 07/06/2017)
ORDER: re: (1984 in 1:11-md-02262-NRB) Letter filed by Bank of Tokyo-Mitsubishi UFJ Ltd. The application is denied without prejudice substantially for the reasons set forth in the Dismissed Defendants' letter, ECF No. 1984. And as set forth herein. (Signed by Judge Naomi Reice Buchwald on 7/05/2017) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ama) (Entered: 07/06/2017)
LETTER MOTION for Conference re: (1994 in 1:11-md-02262-NRB) Order on Motion to Alter Judgment,,,, (Pre-Motion) addressed to Judge Naomi Reice Buchwald from Karen L. Morris and David H. Weinstein dated June 30, 2017. Document filed by Ellen Gelboim, Linda Zacher. (Attachments: # 1 Exhibit Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(Morris, Karen) (Entered: 06/30/2017)
ORDER GRANTING BONDHOLDER PLAINTIFFS' MOTION TO ALTER OR AMEND THE JUDGMENT AND GRANT RELIEF THEREFROM: granting (1945) Motion to Alter Judgment in case 1:11-md-02262-NRB; granting (196) Motion to Alter Judgment in case 1:12-cv-01025-NRB. ORDERED that: The motion is hereby GRANTED. Without prejudice to personal jurisdiction or any other defenses the Settling Defendants have asserted (and expressly reserve) in the event the pertinent settlement is not ultimately approved, the judgment of dismissal in this Bondholder Action, announced by the Court's Memorandum and Order dated December 20, 2016 (LIBOR VI), and entered pursuant to Rule 58(c)(2)(B) on May 19, 2017 ("Judgment"), is hereby altered and amended, and relief therefrom is hereby granted as follows: The Judgment does not apply to the Settling Defendants. The Judgment applies to all other Defendants. In the event the Court denies approval of one or more of the proposed Settlements, any party thereto may move for an appropriate order or judgment. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 6/27/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB (ama) (Entered: 06/27/2017)
LETTER addressed to Judge Naomi Reice Buchwald from Karen L. Morris and David H. Weinstein dated June 26, 2017 re: Bondholder Plaintiffs' Rule 59/60 Motion. Document filed by Ellen Gelboim, Linda Zacher.Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(Morris, Karen) (Entered: 06/26/2017)
CORRECTED NOTICE OF APPEAL re: (1982 in 1:11-md-02262-NRB, 200 in 1:12-cv-01025-NRB) Notice of Appeal, (1676 in 1:11-md-02262-NRB) Order on Motion to Dismiss,,,,,,. Document filed by Ellen Gelboim. Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(Kitchenoff, Robert) (Entered: 06/16/2017)
FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF APPEAL. Document filed by Ellen Gelboim. Filing fee $ 505.00, receipt number 0208-13792384. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(Kitchenoff, Robert) Modified on 6/16/2017 (tp). (Entered: 06/16/2017)
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Alter Judgment Letter to Court Summarizing Basis for Motion. Document filed by Ellen Gelboim, Linda Zacher.(Weinstein, David) Modified on 8/8/2017 (ldi). (Entered: 06/08/2017)
LETTER MOTION for Conference addressed to Judge Naomi Reice Buchwald from Karen L. Morris and David H. Weinstein dated June 6, 2017. Document filed by Ellen Gelboim, Linda Zacher. (Attachments: # 1 Memorandum of Law In Support of Preliminary Approval, # 2 Declaration of Karen L. Morris and Robert S. Kitchenoff In Support of Preliminary Approval, # 3 Ex. 1 to Declaration, # 4 Ex. 2 to Declaration, # 5 Ex. 3 to Declaration, # 6 Ex. 4 to Declaration, # 7 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(Morris, Karen) (Entered: 06/06/2017)
MEMORANDUM OF LAW in Support re: (196 in 1:12-cv-01025-NRB, 1945 in 1:11-md-02262-NRB) MOTION to Alter Judgment re: (1676 in 1:11-md-02262-NRB) Order on Motion to Dismiss,,,,,, . . Document filed by Ellen Gelboim, Linda Zacher. Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(Morris, Karen) (Entered: 06/06/2017)
MOTION to Alter Judgment re: (1676 in 1:11-md-02262-NRB) Order on Motion to Dismiss,,,,,, . Document filed by Ellen Gelboim, Linda Zacher. (Attachments: # 1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(Morris, Karen) (Entered: 06/06/2017)
MOTION for Brian Levin to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Gary Francis. (Attachments: # 1 Affidavit Affidavit of Brian Levin, # 2 Supplement Supreme Court of Florida Certificate Of Good Standing, # 3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Braun, Robert) (Entered: 05/16/2017)
LETTER addressed to Judge Naomi Reice Buchwald from Karen L. Morris and David H. Weinstein dated May 15, 2017 re: Notice of Settlement. Document filed by Ellen Gelboim, Linda Zacher.Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(Morris, Karen) (Entered: 05/15/2017)
NOTICE OF CHANGE OF ADDRESS by Richard Michael Lindsey on behalf of Ellen Gelboim, Linda Zacher. New Address: Morris and Morris LLC Counselors At Law, 4023 Kennett Pike, #254, Wilmington, DE, 19807, 3024260400. Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(Lindsey, Richard) (Entered: 05/11/2017)
NOTICE OF CHANGE OF ADDRESS by Patrick Francis Morris on behalf of Ellen Gelboim, Linda Zacher. New Address: Morris and Morris LLC Counselors At Law, 4023 Kennett Pike, #254, Wilmington, DE, 19807, 3024260400. Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(Morris, Patrick) (Entered: 05/11/2017)
NOTICE OF CHANGE OF ADDRESS by Karen L. Morris on behalf of Ellen Gelboim, Linda Zacher. New Address: Morris and Morris LLC Counselors At Law, 4023 Kennett Pike, #254, Wilmington, DE, 19807, 302-426-0400. Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(Morris, Karen) (Entered: 05/11/2017)
NOTICE OF WITHDRAW AL OF APPEARANCE: granting (1836 in case 11-md-2262) Motion to Withdraw as Attorney. The undersigned counsel is no longer associated with the firm of Gibson, Dunn & Crutcher LLP, effective as of March 31, 2017, and hereby requests that the Court withdraw me as counsel for Defendants UBS AG, UBS Securities LLC, and UBS Limited in the above-captioned action. No substitution of counsel is necessary, as UBS AG, UBS Securities LLC, and UBS Limited continue to be represented in this action by attorneys of record from Gibson, Dunn & Crutcher LLP. UBS AG, UBS Securities LLC, and UBS Limited are aware of and consent to the withdrawal. SO ORDERED. Attorney Joel Steven Sanders terminated in case 1:11-md-02262-NRB. (Signed by Judge Naomi Reice Buchwald on 4/06/2017) Filed In Associated Cases: 1:11-md-02262-NRB et al. (ama) (Entered: 04/06/2017)
LETTER MOTION to Seal Document (1775 in 1:11-md-02262-NRB) LETTER MOTION to Compel JP Morgan Chase Bank, N.A. to produce additional documents and provide a privilege log addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated February 24, 2017. addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated February 24, 2017. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: # 1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 02/24/2017)
LETTER MOTION to Compel JP Morgan Chase Bank, N.A. to produce additional documents and provide a privilege log addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated February 24, 2017. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: # 1 Exhibit A, # 2 Exhibit B - Filed Separately Under Seal, # 3 Exhibit C - Filed Separately Under Seal, # 4 Exhibit D - Filed Separately Under Seal, # 5 Exhibit E - Filed Separately Under Seal, # 6 Exhibit F - Filed Separately Under Seal)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 02/24/2017)
ORDER on MOTION FOR LEAVE TO WITHDRAW AS COUNSEL: in case 1:11-cv-02613-NRB; granting (1765 in case 11-md-2262) Motion to Withdraw as Attorney. Pursuant to Local Civil Rule 1.4, JPMorgan Chase & Co. and JPMorgan Chase Bank, N.A. (collectively, "JPMorgan"), by and through its counsel Simpson Thacher & Bartlett LLP, respectfully requests the withdrawal of the appearance of Elizabeth J. Shutkin as counsel for JPMorgan in the above-referenced action. SO ORDERED. Attorney Elizabeth Jane Shutkin terminated in case 11cv2613 and 1:11-md-02262-NRB. (Signed by Judge Naomi Reice Buchwald on 2/08/2017) Filed In Associated Cases: 1:11-md-02262-NRB et al. (ama) (Entered: 02/10/2017)
MEMO ENDORSEMENT on re: NOTICE OF WITHDRAWAL OF APPEARANCE AND ORDER. ENDORSEMENT: So Ordered. (Signed by Judge Naomi Reice Buchwald on 1/3/2017) Filed In Associated Cases: 1:11-md-02262-NRB et al.(cla) (Entered: 01/04/2017)
MEMO ENDORSEMENT on re: Notice of Withdrawal of Appearance and Order. ENDORSEMENT: So Ordered. (Attorney Colin Reardon terminated.) (Signed by Judge Naomi Reice Buchwald on 1/3/2017) Filed In Associated Cases: 1:11-md-02262-NRB et al.(cla) (Entered: 01/03/2017)
ORDER granting (1677) Letter Motion to Compel in case 1:11-md-02262-NRB. The OTC plaintiffs, Exchange-Based plaintiffs, Bondholder plaintiffs, and Lender plaintiffs (together, "Plaintiffs") have moved this Court to compel third parties Tullett Prebon Americas Corp., Tullett Prebon Financial Services LLC, and Tullett Prebon Liberty Brokerage Inc. (together, the "Tullett entities") to produce certain documents. ECF No. 1677. We grant the Plaintiffs' request that we "order the Tullett entities to promptly produce documents previously given to U.S. regulators concerning USD LIBOR." Id. at 2. If, after such production, the Plaintiffs wish to pursue additional discovery, the parties must meet and confer in good faith. If any discovery disputes remain thereafter, Plaintiffs may move to compel. The Tullett entities' request for sanctions, ECF No. 1682, is denied. (Signed by Judge Naomi Reice Buchwald on 1/3/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB, 1:12-cv-01025-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB (cla) (Entered: 01/03/2017)
LETTER addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated December 29, 2016 re: Plaintiffs' reply to Tullett entities' 12/27/16 letter [Dkt. No. 1682]. Document filed by Mayor and City Council of Baltimore, City of New Britain Firefighters' and Police Benefit Fund. (Attachments: # 1 Exhibit A)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 12/29/2016)
LETTER MOTION to Compel Tullett Prebon Americas Corp., Tullett Prebon Financial Services LLC, and Tullett Prebon Liberty Brokerage Inc. to Produce Documents addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated December 20, 2016. Document filed by Mayor and City Council of Baltimore, City of New Britain Firefighters' and Police Benefit Fund.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 12/20/2016)
MEMORANDUM AND ORDER in case 1:11-cv-02613-NRB; granting in part and denying in part (1480) Motion to Dismiss in case 1:11-md-02262-NRB. For the reasons stated below, defendants' motion to dismiss is granted in part and denied in part. We grant the moving defendants' motion to dismiss for lack of personal jurisdiction, although such a result means we retain personal jurisdiction over the non-moving defendants. 1 We grant the defendants' motion to dismiss the putative Bondholder class's claims because they are not efficient enforcers of the antitrust laws. While we deny the defendants' motion to dismiss on efficient enforcer grounds as to all other antitrust claims, those claims are circumscribed as set forth in this opinion. After applying the personal jurisdiction and efficient enforcer holdings in this opinion, the antitrust claims that remain are set out in the accompanying appendix. The Court anticipated before the briefing on this motion that its decision would be informative with regard to any proposed additional motion. Accordingly, any party wishing to pursue a motion previewed in June and derived from Gelboim should submit a pre-motion letter by January 6, 2017. Any letters in opposition to any such proposal should be filed by January 13, 2017. This Memorandum and Order resolves MDL docket entry 1480. (Signed by Judge Naomi Reice Buchwald on 12/20/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al. (cf) Modified on 12/20/2016 (cf). (Entered: 12/20/2016)
ORDER: We are in receipt of the renewed request of plaintiff SEIU Pension Plan Master Trust ("SEIU") to create a separate class for direct purchasers of LIBOR-linked bonds issued by the panel bank defendants and to appoint SEIU as the class representative. ECF No. 1634. We deny this renewed request for the reasons that we denied SEIU's original request of the same, ECF No. 1442.SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 12/15/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ama) (Entered: 12/15/2016)
MEMO ENDORSEMENT on re: (233 in 1:13-cv-05187-NRB, 243 in 1:13-cv-00597-NRB, 241 in 1:13-cv-00627-NRB, 227 in 1:13-cv-05221-NRB, 163 in 1:13-cv-07720-NRB, 149 in 1:13-cv-08799-NRB, 147 in 1:13-cv-00398-NRB, 63 in 1:15-cv-01334-NRB, 124 in 1:11-cv-05929-NRB, 142 in 1:13-cv-00346-NRB, 126 in 1:12-cv-07461-NRB, 153 in 1:11-cv-05641-NRB, 225 in 1:13-cv-00598-NRB, 144 in 1:14-cv-04189-NRB, 141 in 1:13-cv-02343-NRB, 109 in 1:12-cv-04205-NRB, 55 in 1:16-cv-00592-NRB, 206 in 1:13-cv-07394-NRB, 206 in 1:13-cv-08644-NRB, 241 in 1:13-cv-00626-NRB, 198 in 1:13-cv-01016-NRB, 178 in 1:12-cv-01025-NRB, 128 in 1:12-cv-06693-NRB, 150 in 1:11-cv-05638-NRB, 204 in 1:13-cv-06014-NRB, 144 in 1:13-cv-00407-NRB, 203 in 1:13-cv-06013-NRB, 135 in 1:12-cv-06056-NRB, 125 in 1:11-cv-03128-NRB, 264 in 1:13-cv-02297-NRB, 139 in 1:13-cv-03010-NRB, 223 in 1:12-cv-05723-NRB, 201 in 1:14-cv-01757-NRB, 171 in 1:13-cv-06020-NRB, 119 in 1:13-cv-01456-NRB, 157 in 1:13-cv-01198-NRB, 59 in 1:15-cv-07975-NRB, 69 in 1:15-cv-02973-NRB, 443 in 1:11-cv-02613-NRB, 126 in 1:11-cv-02883-NRB, 115 in 1:11-cv-05930-NRB, 58 in 1:15-cv-08557-NRB, 142 in 1:11-cv-05640-NRB, 53 in 1:16-cv-00590-NRB, 236 in 1:13-cv-05616-NRB, 240 in 1:11-cv-06411-NRB, 105 in 1:11-cv-07715-NRB, 245 in 1:13-cv-03952-NRB, 119 in 1:11-cv-05927-NRB, 235 in 1:11-cv-06409-NRB, 246 in 1:13-cv-07005-NRB, 228 in 1:13-cv-05569-NRB, 129 in 1:11-cv-03249-NRB, 1664 in 1:11-md-02262-NRB, 245 in 1:11-cv-06412-NRB, 156 in 1:13-cv-01135-NRB, 242 in 1:13-cv-00667-NRB, 129 in 1:11-cv-05931-NRB, 242 in 1:13-cv-00625-NRB, 90 in 1:14-cv-07720-NRB, 136 in 1:13-cv-05511-NRB, 61 in 1:15-cv-04810-NRB, 126 in 1:11-cv-05928-NRB, 104 in 1:11-cv-07676-NRB, 147 in 1:12-cv-05822-NRB, 235 in 1:13-cv-05186-NRB, 195 in 1:14-cv-03094-NRB) Notice of Withdrawal of Appearance filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. ENDORSEMENT: So Ordered. (Attorney Mary Kathryn Sammons terminated.) (Signed by Judge Naomi Reice Buchwald on 12/6/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al.(cla) (Entered: 12/06/2016)
NOTICE of Withdrawal of Appearance. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Sammons, Mary) (Entered: 12/05/2016)
PROTECTIVE ORDER AND STIPULATION... regarding procedures to be followed that shall govern the handling of confidential material... So ordered. (Signed by Judge Naomi Reice Buchwald on 11/28/2016) (rjm) (Entered: 11/29/2016)
LETTER addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated November 10, 2016 re: in response to the letter from counsel for SEIU dated November 2, 2016 (Dkt. 1634). Document filed by Mayor and City Council of Baltimore, City of New Britain Firefighters' and Police Benefit Fund.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 11/10/2016)
NOTICE OF APPEARANCE by Eric Jonathan Stock on behalf of UBS AG. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Stock, Eric) (Entered: 11/10/2016)
LETTER addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated November 7, 2016 re: Personal Jurisdiction. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: # 1 Exhibit A)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 11/07/2016)
JOINT DISCOVERY SCHEDULING ORDER: Motions due by 5/2/2017. Responses due by 6/30/2017 Replies due by 8/5/2017. (Signed by Judge Naomi Reice Buchwald on 11/1/2016) Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(cla) (Entered: 11/01/2016)
SEALING ORDER in case 1:11-cv-02613-NRB; granting (1626) Motion to Seal Document in case 1:11-md-02262-NRB. This Order addresses the under seal submission by Defendants on October 26, 2016, which Defendants filed in redacted form. The proposed sealed filing contains references to information that one or more defendants has designated as Confidential or Highly Confidential pursuant to paragraph 2.3.1 of the Amended Stipulation and Protective Order. ECF No. 1405. Thus, Defendants respectfully request that the Court So Order the sealing of certain portions of Defendants' Letter and the Appendix thereto, dated October 26, 2016. IT IS SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 10/31/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al. (cla) (Entered: 11/01/2016)
LETTER addressed to Judge Naomi Reice Buchwald from Karen L. Morris dated October 26, 2016 re: Bondholder Plaintiffs' Notice of Settlement. Document filed by Ellen Gelboim, Linda Zacher.Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(Morris, Karen) (Entered: 10/26/2016)
170
Filed: 10/26/2016, Entered: None
Unknown Document Type
LETTER addressed to Judge Naomi Reice Buchwald from Karen L. Morris dated October 26, 2016 re: Bondholder Plaintiffs' Notice of Settlement. Document filed by Ellen Gelboim, Linda Zacher.Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(Morris, Karen) (Entered: 10/26/2016)
LETTER MOTION to Seal Document addressed to Judge Naomi Reice Buchwald from William C. Carmody dated October 25, 2016. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: # 1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 10/25/2016)
ORDER FOR ADMISSION PRO HAC VICE granting (1583) Motion for Eric F. Citron to Appear Pro Hac Vice in case 1:11-md-02262-NRB. (As further set forth in this Order.) (Signed by Judge Naomi Reice Buchwald on 10/24/2016) Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB (cf) (Entered: 10/25/2016)
LETTER addressed to Judge Naomi Reice Buchwald from Karen L. Morris dated October 24, 2016 re: Joint Discovery Scheduling Order. Document filed by Ellen Gelboim, Linda Zacher. (Attachments: # 1 Text of Proposed Order [Proposed] Discovery Scheduling Order)Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(Morris, Karen) (Entered: 10/24/2016)
LETTER addressed to Judge Naomi Reice Buchwald from William C. Carmody dated October 21, 2016 re: Additional Evidence to Support Over-the Counter Plaintiff's Supplemental Brief Opposing Defendant's Motion to Dismiss for Lack of Personal Jurisdiction (REDACTED). Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: # 1 Exhibit A (REDACTED), # 2 Exhibit A-1 (UNDER SEAL))Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 10/21/2016)
LETTER MOTION to Seal Document on behalf of Over-the-Counter Plaintiffs addressed to Judge Naomi Reice Buchwald from William C. Carmody dated October 21, 2016. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: # 1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 10/21/2016)
LETTER addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated October 21, 2016 re: in response to defendants' October 18, 2016 letter regarding the class certification expert schedule [Dkt. 1596]. Document filed by Mayor and City Council of Baltimore, City of New Britain Firefighters' and Police Benefit Fund.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 10/21/2016)
LETTER addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated October 20, 2016 re: on behalf of the Over-the-Counter and the Exchange-Based Plaintiffs in response to the defendants' letter dated October 7, 2016 [Dkt. 1582]. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 10/20/2016)
LETTER addressed to Judge Naomi Reice Buchwald from William C. Carmody dated October 19, 2016 re: Request for pre-motion discovery conference. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 10/19/2016)
ORDER FOR ADMISSION PRO HAC VICE: granting (1584) Motion for Thomas C. Goldstein to Appear Pro Hac Vice in case 1:11-md-02262-NRB. (Signed by Judge Naomi Reice Buchwald on 10/19/2016) Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB (ama) (Entered: 10/19/2016)
NOTICE OF APPEARANCE by Geng Chen on behalf of City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Chen, Geng) (Entered: 10/17/2016)
LETTER addressed to Judge Naomi Reice Buchwald from Karen L. Morris dated October 14, 2016 re: Notice of Supplemental Authorities. Document filed by Ellen Gelboim, Linda Zacher.Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(Morris, Karen) (Entered: 10/14/2016)
LETTER MOTION to Compel Defendants to complete production addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated 10/11/16. Document filed by City of New Britain, City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 10/12/2016)
LETTER addressed to Judge Naomi Reice Buchwald from William C. Carmody dated September 27, 2016 re: Supplemental Authority relevant to Opposition to Defendants' Motion to Dismiss. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: # 1 Exhibit A)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 09/27/2016)
MEMORANDUM AND ORDER: On April 29, 2016, this Court issued a Memorandum and Order (ECF No. 1396) in which we requested, inter alia, that certain defendants provide declarations identifying the locations in which they determined and from which they transmitted their LIBOR submissions. Id. at 6-7. We hereby additionally request that defendant UBS AG provide a declaration with this information, in conformity with the Court's standard as expressed in our April 29, 2016 Memorandum and Order at 1, 6-7; LIBOR IV, 11 MD 2262, 2015 WL 6243526, at *26, *38, U.S. Dist. LEXIS 147561, at *170, **189-90 (S.D.N.Y. Oct. 20, 2015); and LIBOR V, 11 MD 2262, 2015 WL 6696407, at *8, 2015 U.S. Dist.LEXIS 149629, at **66-67 (S.D.N. Y. Nov. 3, 2015). IT IS SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 9/19/2016) (ama) (Entered: 09/19/2016)
ORDER: Oral argument on the pending motions to dismiss in the cases listed in the appendix shall be held on October 27, 2016, at 10:45 A.M. at the United States Court House, 500 Pearl Street, New York, New York, In Courtroom 21A. SO ORDERED., ( Oral Argument set for 10/27/2016 at 10:45 AM in Courtroom 21A, 500 Pearl Street, New York, NY 10007 before Judge Naomi Reice Buchwald.) (Signed by Judge Naomi Reice Buchwald on 9/19/2016) (ama) (Entered: 09/19/2016)
MEMO ENDORSEMENT on re: NOTICE OF WITHDRAWAL OF APPEARANCE (1558 in 1:11-md-02262-NRB) Notice (Other) filed by Portigon/WestLB AG. PLEASE TAKE NOTICE that Ethan E. Litwin is no longer with the firm of Hughes Hubbard & Reed LLP and is hereby withdrawn as counsel for Defendant Portigon AG (f/k/a WestLB AG) in the above-captioned matter. ENDORSEMENT: SO ORDERED., Attorney Ethan Edward Litwin terminated. (Signed by Judge Naomi Reice Buchwald on 9/14/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ama) (Entered: 09/15/2016)
MEMO ENDORSEMENT on re: NOTICE OF WITHDRAWAL OF APPEARANCE (1558 in 1:11-md-02262-NRB) Notice (Other) filed by Portigon/WestLB AG. PLEASE TAKE NOTICE that Ethan E. Litwin is no longer with the firm of Hughes Hubbard & Reed LLP and is hereby withdrawn as counsel for Defendant Portigon AG (f/k/a WestLB AG) in the above-captioned matter. ENDORSEMENT: SO ORDERED., Attorney Ethan Edward Litwin terminated. (Signed by Judge Naomi Reice Buchwald on 9/14/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ama) (Entered: 09/15/2016)
LETTER MOTION to Compel Tradition America LLC to Production of Documents addressed to Judge Naomi Reice Buchwald from William C. Carmody dated 9/7/2016. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 09/07/2016)
LETTER addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated 08/25/2016 re: Response to Defendant Portigon AG (f/k/a WestLB AG) letter of August 22, 2016. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 08/25/2016)
SEALING ORDER granting (1547) Motion to Seal Document in case 1:11-md-02262-NRB: This Order addresses the under seal submission by Defendants on August 19, 2016, which Defendants filed in redacted form. The proposed sealed filing contains references to information that one or more defendants has designated as Confidential or Highly Confidential pursuant to paragraph 2.3.1 of the Amended Stipulation and Protective Order. ECF No. 1405. Thus, Defendants respectfully request that the Court So Order the sealing of (i) certain portions of Defendants' Appendices accompanying their reply brief in support of their motion to dismiss for lack of personal jurisdiction dated August 19, 2016 and (ii) the Reply Declaration of Joel Kurtzberg in Support of Defendants' Motion to Dismiss All Antitrust Claims for Lack of Personal Jurisdiction, and Exhibits thereto, dated August 19, 2016. (Signed by Judge Naomi Reice Buchwald on 8/22/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al. (tn) (Entered: 08/22/2016)
NOTICE of Non-Party Subpoena. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: # 1 Supplement Subpoena to Produce Documents, Information, or Objects)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 08/16/2016)
Costs Taxed as to ( 1453 in 1:11-md-02262-NRB) USCA Mandate, USCA Case Number 13-3565(L) in the amount of $3,724.60. on 08/11/2016 in favor of Ellen Gelboim, et al., Plaintiffs - Appellants, against Bank of America Corporation, et al., Defendants Appellees. Filed In Associated Cases: 1:11-md-02262-NRB et al.(nd) (Entered: 08/12/2016)
MEMORANDUM OF LAW in Opposition re: (1480 in 1:11-md-02262-NRB) JOINT MOTION to Dismiss All Antitrust Claims Based on The Efficient Enforcer Doctrine and Lack of Personal Jurisdiction. . Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 08/05/2016)
DECLARATION of David E. Kovel and Michael D. Hausfeld in Opposition re: (1480 in 1:11-md-02262-NRB) JOINT MOTION to Dismiss All Antitrust Claims Based on The Efficient Enforcer Doctrine and Lack of Personal Jurisdiction.. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 08/05/2016)
LETTER MOTION to Seal Document (1508 in 1:11-md-02262-NRB) Memorandum of Law in Opposition to Motion, addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated 08/05/2016. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: # 1 Text of Proposed Order re Motion to Seal Dkt 1508)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 08/05/2016)
SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: (1480 in 1:11-md-02262-NRB) JOINT MOTION to Dismiss All Antitrust Claims Based on The Efficient Enforcer Doctrine and Lack of Personal Jurisdiction. (REDACTED). Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 08/05/2016)
LETTER addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated 08/05/2016 re: Rule 2.E.1 of the Courts Individual Practices. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 08/05/2016)
DECLARATION of David H. Weinstein in Opposition re: (1480 in 1:11-md-02262-NRB) JOINT MOTION to Dismiss All Antitrust Claims Based on The Efficient Enforcer Doctrine and Lack of Personal Jurisdiction.. Document filed by Ellen Gelboim, Linda Zacher. (Attachments: # 1 Exhibit A - F, # 2 Exhibit G - Part 1, # 3 Exhibit G - Part 2, # 4 Exhibit H)Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(Morris, Karen) (Entered: 08/05/2016)
SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: (1480 in 1:11-md-02262-NRB) JOINT MOTION to Dismiss All Antitrust Claims Based on The Efficient Enforcer Doctrine and Lack of Personal Jurisdiction. By Bondholder Plaintiffs. Document filed by Ellen Gelboim, Linda Zacher. (Attachments: # 1 Appendix)Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(Morris, Karen) (Entered: 08/05/2016)
MEMORANDUM OF LAW in Opposition re: (1480 in 1:11-md-02262-NRB) JOINT MOTION to Dismiss All Antitrust Claims Based on The Efficient Enforcer Doctrine and Lack of Personal Jurisdiction. By Bondholder Plaintiffs. Document filed by Ellen Gelboim, Linda Zacher. Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(Morris, Karen) (Entered: 08/05/2016)
LETTER addressed to Judge Naomi Reice Buchwald from Karen L. Morris dated August 5, 2016 re: Bondholder Plaintiffs' Rule 2.E.1 Letter Outlining the Arguments in Bondholder Plaintiffs' Opposition to Joint Motion to Dismiss on Efficient Enforcer Doctrine and Supplemental Argument Opposing Motion to Dismiss on Personal Jurisdiction Grounds. Document filed by Ellen Gelboim, Linda Zacher.Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(Morris, Karen) (Entered: 08/05/2016)
FIRST LETTER MOTION to Seal Document In Connection with OTC and Exchange Plaintiffs' Declaration in Support of the Oppositions to Certain Defendants' Motion to Dismiss on Personal Jurisdiction Grounds addressed to Judge Naomi Reice Buchwald from Michael D. Hausfeld dated August 5, 2016. Document filed by Mayor and City Council of Baltimore. (Attachments: # 1 Text of Proposed Order Sealing Confidential Material)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Hausfeld, Michael) (Entered: 08/05/2016)
LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated 8/4/2016. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: # 1 Exhibit A, # 2 Exhibit B)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 08/04/2016)
ORDER denying (1473) Letter Motion for Leave to File Document in case 1:11-md-02262-NRB; granting in part (1473) Letter Motion for Leave to File Excess Pages in case 1:11-md-02262-NRB. Defendants' request for permission to brief three additional issues is denied. All the issues proposed are best address (if at all) after the decision on the questions directly raised by the Second Circuit's remand, which should clarify the scope of the antitrust claims. Further, we remind the parties that this Court is well-aware of the distinctions between persistent suppression and trader-based claims and the necessity to adequately plead every specific conspiracy alleged. Defendants also requested leave to file 80 pages of briefing with the anticipation that their proposed additional arguments would comprise 10 of those pages. Given our ruling on the additional arguments, defendants may file 70 pages of memoranda in support of their motion to dismiss. (Signed by Judge Naomi Reice Buchwald on 7/5/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al. (kko) (Entered: 07/05/2016)
LETTER addressed to Judge Naomi Reice Buchwald from Karen L. Morris dated July 5, 2016 re: Response to Defendants letter ECF 1475. Document filed by Linda Zacher, Ellen Gelboim.Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(Morris, Karen) (Entered: 07/05/2016)
AMENDED ORDER REGARDING THE PRODUCTION OF DOCUMENTS SUBJECT TO FOREIGN DATA PRIVACY LAWS: NOW THEREFORE IT IS ORDERED: In resolution of this dispute, Objecting Defendants may not resist production of material produced to government regulators based upon Foreign Data Privacy Laws, except that Objecting Defendants shall be permitted to redact from any documents produced pursuant to this Order any personal confidential information not relevant to the claims in this case, including personal contact information (such as personal email addresses, home addresses, home telephone numbers, and mobile telephone numbers), statements of political opinion, information regarding a person's race, ethnicity, religious affiliation, or sexual orientation, and medical information. This Order is non-precedential and binding only on the Objecting Defendants in the context of the above-captioned actions. Nothing in this Order alters the rights, obligations, and terms provided in the Stipulation and Protective Order entered in this action on March 21, 2016 (ECF No. 134 7) or the rights or obligations of any current or dismissed defendants or non-parties not named in this Order. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 6/29/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ama) (Entered: 06/30/2016)
ORDER denying (1467) Letter Motion for Conference; denying (1468) Letter Motion for Conference in case 1:11-md-02262-NRB; denying (131) Letter Motion for Conference; denying (132) Letter Motion for Conference in case 1:12-cv-01025-NRB. This order addresses two letters filed on behalf of the Bondholder plaintiffs on June 24, 2016 (ECF Nos. 1467 and 1468) requesting, without acknowledging its magnitude, that the Court effectively withdraw its scheduling decision of June 7, 2016 on the anticipated motions to follow the Second Circuit's decision of May 23, 2016 and that the Bondholder plaintiffs receive extensive jurisdictional discovery not granted to any other plaintiff class. The requested relief is denied. The Second Circuit anticipated renewed motions to dismiss (without discovery) on the efficient enforcer issue and not summary judgment motions to be briefed over a year from now. The motions to dismiss may well determine whether the Bondholder plaintiffs remain plaintiffs at all. Thus, it is clear to this Court that the legal status of the Bondholder plaintiffs is the first issue to be decided. It is, of course, possible that the issue may not be resolved without discovery, but that is a bridge to cross at a later date. Similarly, there will be ample opportunity to address discovery and class action issues if the Bondholder plaintiffs are not dismissed. (Signed by Judge Naomi Reice Buchwald on 6/27/2016) Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB (kl) (Entered: 06/27/2016)
LETTER MOTION for Conference addressed to Judge Naomi Reice Buchwald from David H. Weinstein dated June 24, 2016. Document filed by Ellen Gelboim, Linda Zacher.Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(Weinstein, David) (Entered: 06/24/2016)
LETTER MOTION for Conference addressed to Judge Naomi Reice Buchwald from Karen L. Morris dated June 24, 2016. Document filed by Ellen Gelboim, Linda Zacher. (Attachments: # 1 Exhibit [Proposed] Discovery Scheduling Order)Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(Morris, Karen) (Entered: 06/24/2016)
ORDER. This Court will set a co-ordinated briefing schedule for these, and presumably other, motions after the issuance of the opinion resolving the defendants' forthcoming motions to dismiss. While we address these three letters in this Order, we expect other counsel to be guided accordingly. Denying (1458) LETTER MOTION for Leave to File Motion for Reconsideration addressing state law civil conspiracy issues addressed to Judge Naomi Reice Buchwald from James R. Martin and Jeremy A. Lieberman dated June 16, 2016. Document filed by Direct Action Plaintiffs, Directors Financial Group (individually), The Berkshire Bank (Individually and On Behalf of All Others Similarly Situated ) in case 1:11-md-02262-NRB. (Signed by Judge Naomi Reice Buchwald on 6/21/2016). Filed In Associated Cases: 1:11-md-02262-NRB et al. Entry in member cases, as per Chambers. (rjm) (Entered: 06/21/2016)
SUPPLEMENTAL LETTER addressed to Judge Naomi Reice Buchwald from William Carmody dated 06/17/16 re: Requesting Pre-Motion Conference. Document filed by Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 06/17/2016)
MANDATE of USCA (Certified Copy) as to (106 in 1:13-cv-01016-NRB, 38 in 1:14-cv-07720-NRB, 164 in 1:13-cv-00625-NRB, 156 in 1:13-cv-05186-NRB, 76 in 1:11-cv-05929-NRB, 71 in 1:11-cv-05927-NRB, 75 in 1:12-cv-07461-NRB, 130 in 1:13-cv-07394-NRB, 100 in 1:12-cv-01025-NRB, 126 in 1:13-cv-06014-NRB, 159 in 1:13-cv-05616-NRB, 156 in 1:13-cv-05187-NRB, 77 in 1:11-cv-05928-NRB, 105 in 1:13-cv-01135-NRB, 116 in 1:14-cv-03094-NRB, 99 in 1:13-cv-01198-NRB, 149 in 1:13-cv-05221-NRB, 78 in 1:11-cv-03249-NRB, 165 in 1:13-cv-00597-NRB, 104 in 1:11-cv-05641-NRB, 97 in 1:12-cv-05822-NRB, 80 in 1:11-cv-05931-NRB, 164 in 1:13-cv-00667-NRB, 163 in 1:13-cv-00626-NRB, 77 in 1:12-cv-06693-NRB, 55 in 1:11-cv-07676-NRB, 140 in 1:13-cv-00598-NRB, 171 in 1:11-cv-06411-NRB, 126 in 1:13-cv-06013-NRB, 56 in 1:11-cv-07715-NRB, 195 in 1:13-cv-02297-NRB, 73 in 1:13-cv-08799-NRB, 166 in 1:11-cv-06409-NRB, 91 in 1:13-cv-00346-NRB, 116 in 1:14-cv-01757-NRB, 77 in 1:11-cv-03128-NRB, 66 in 1:11-cv-05930-NRB, 157 in 1:13-cv-03952-NRB, 90 in 1:11-cv-05640-NRB, 176 in 1:11-cv-06412-NRB, 81 in 1:13-cv-05511-NRB, 149 in 1:13-cv-05569-NRB, 129 in 1:13-cv-08644-NRB, 72 in 1:14-cv-04189-NRB, 98 in 1:11-cv-05638-NRB, 100 in 1:13-cv-06020-NRB, 86 in 1:12-cv-06056-NRB, 163 in 1:13-cv-00627-NRB, 83 in 1:13-cv-03010-NRB, 78 in 1:11-cv-02883-NRB, 90 in 1:13-cv-02343-NRB, 61 in 1:12-cv-04205-NRB, 125 in 1:12-cv-05723-NRB, 96 in 1:13-cv-00407-NRB, 97 in 1:13-cv-00398-NRB, 98 in 1:13-cv-07720-NRB, 1043 in 1:11-md-02262-NRB, 71 in 1:13-cv-01456-NRB, 175 in 1:13-cv-07005-NRB, 271 in 1:11-cv-02613-NRB) Amended Notice of Appeal,,,,,,, filed by Mayor and City Council of Baltimore, (160 in 1:13-cv-00625-NRB, 96 in 1:11-cv-05638-NRB, 145 in 1:13-cv-05569-NRB, 73 in 1:12-cv-06693-NRB, 88 in 1:13-cv-02343-NRB, 94 in 1:13-cv-00398-NRB, 94 in 1:12-cv-05822-NRB, 81 in 1:13-cv-03010-NRB, 59 in 1:12-cv-04205-NRB, 1015 in 1:11-md-02262-NRB, 159 in 1:13-cv-00626-NRB, 152 in 1:13-cv-05187-NRB, 113 in 1:14-cv-01757-NRB, 121 in 1:13-cv-06013-NRB, 101 in 1:13-cv-01135-NRB, 36 in 1:14-cv-07720-NRB, 122 in 1:13-cv-00598-NRB, 69 in 1:13-cv-01456-NRB, 53 in 1:11-cv-07676-NRB, 102 in 1:11-cv-05641-NRB, 94 in 1:13-cv-00407-NRB, 104 in 1:13-cv-01016-NRB, 64 in 1:11-cv-05930-NRB, 74 in 1:11-cv-05929-NRB, 193 in 1:13-cv-02297-NRB, 96 in 1:13-cv-07720-NRB, 127 in 1:13-cv-07394-NRB, 164 in 1:11-cv-06409-NRB, 152 in 1:13-cv-05186-NRB, 69 in 1:11-cv-05927-NRB, 251 in 1:11-cv-02613-NRB, 97 in 1:13-cv-01198-NRB, 145 in 1:13-cv-05221-NRB, 154 in 1:13-cv-03952-NRB, 173 in 1:13-cv-07005-NRB, 155 in 1:13-cv-05616-NRB, 169 in 1:11-cv-06411-NRB, 125 in 1:13-cv-08644-NRB, 69 in 1:14-cv-04189-NRB, 88 in 1:13-cv-00346-NRB, 161 in 1:13-cv-00597-NRB, 79 in 1:13-cv-05511-NRB, 72 in 1:11-cv-03128-NRB, 84 in 1:12-cv-06056-NRB, 98 in 1:12-cv-01025-NRB, 88 in 1:11-cv-05640-NRB, 70 in 1:13-cv-08799-NRB, 123 in 1:12-cv-05723-NRB, 73 in 1:11-cv-02883-NRB, 113 in 1:14-cv-03094-NRB, 51 in 1:11-cv-07715-NRB, 121 in 1:13-cv-06014-NRB, 78 in 1:11-cv-05931-NRB, 73 in 1:12-cv-07461-NRB, 174 in 1:11-cv-06412-NRB, 75 in 1:11-cv-05928-NRB, 159 in 1:13-cv-00627-NRB, 73 in 1:11-cv-03249-NRB, 97 in 1:13-cv-06020-NRB, 160 in 1:13-cv-00667-NRB) Notice of Appeal, filed by Mayor and City Council of Baltimore, (153 in 1:13-cv-05221-NRB, 153 in 1:13-cv-05569-NRB, 160 in 1:13-cv-05186-NRB, 168 in 1:13-cv-00625-NRB, 168 in 1:13-cv-00667-NRB, 133 in 1:13-cv-08644-NRB, 1098 in 1:11-md-02262-NRB, 167 in 1:13-cv-00627-NRB, 169 in 1:13-cv-00597-NRB, 167 in 1:13-cv-00626-NRB, 160 in 1:13-cv-05187-NRB) Notice of Interlocutory Appeal,,, filed by County of Sacramento, County of San Diego, San Diego Association of Governments, The Richmond Joint Powers Financing Authority, City of Riverside, County of Sonoma, Successor Agency to the Richmond Community Redevelopment Agency, City of Richmond, County of San Mateo, San Mateo Couty Joint Powers Financing Authority, The Riverside Public Financing Authority, County of Mendocino, David E. Sundstrom, East Bay Municipal Utility District, The Regents of the University of California, (1105 in 1:11-md-02262-NRB, 120 in 1:14-cv-03094-NRB) Notice of Interlocutory Appeal, filed by Bay Area Toll Authority, (1099 in 1:11-md-02262-NRB, 163 in 1:13-cv-05616-NRB) Notice of Interlocutory Appeal, filed by City of Houston, City Of Houston, (274 in 1:11-cv-02613-NRB, 1063 in 1:11-md-02262-NRB) Amended Notice of Appeal,, filed by 303030 Trading LLC, 303030 Trading, LLC, FTC Futures Fund PCC Ltd, Atlantic Trading USA, LLC, Gary Francis, Metzler Investment GmbH, Nathaniel Haynes, FTC Futures Fund SICAV, (1054 in 1:11-md-02262-NRB, 133 in 1:13-cv-07394-NRB) Notice of Interlocutory Appeal, filed by National Credit Union Administration Board, (409 in 1:11-md-02262-NRB) Notice of Appeal,,,,,,,,,,,,,,,,,,,,,,,,,, filed by Linda Zacher, Ellen Gelboim, (74 in 1:12-cv-06693-NRB, 1017 in 1:11-md-02262-NRB) Notice of Appeal,,,,,,, filed by Maidencreek Ventures II LP, Jill Court Associates II, LLC, Greenwich Commons II, LLC, Lawrence W. Gardner, Raritan Commons, LLC, Courtyard at Amwell II, LLC, (76 in 1:14-cv-04189-NRB, 1064 in 1:11-md-02262-NRB) Notice of Interlocutory Appeal, filed by PRUDENTIAL CORE TAXABLE MONEY MARKET FUND, PRUDENTIAL INVESTMENT PORTFOLIOS 2, (75 in 1:13-cv-08799-NRB, 1057 in 1:11-md-02262-NRB) Notice of Interlocutory Appeal, filed by Darby Financial Products, Capital Ventures International, (73 in 1:11-cv-03128-NRB, 74 in 1:11-cv-02883-NRB) Notice of Appeal, filed by Mayor and City Council of Baltimore, (1056 in 1:11-md-02262-NRB, 102 in 1:13-cv-06020-NRB) Notice of Interlocutory Appeal, filed by The Pennsylvania Intergovernmental Cooperation Authority, THE PENNSYLVANIA INTERGOVERNMENTAL COOPERATION AUTHORITY, THE CITY OF PHILADELPHIA, The City of Philadelphia, (1014 in 1:11-md-02262-NRB, 93 in 1:12-cv-05822-NRB) Notice of Appeal,,,,,,, filed by 33-35 Green Pond Road Associates, LLC, (53 in 1:11-cv-07715-NRB, 75 in 1:11-cv-02883-NRB, 75 in 1:11-cv-03249-NRB, 74 in 1:11-cv-03128-NRB) Notice of Appeal, filed by Mayor and City Council of Baltimore, (1044 in 1:11-md-02262-NRB, 92 in 1:13-cv-00346-NRB) Notice of Interlocutory Appeal, filed by Guaranty Bank & Trust Company, (77 in 1:11-cv-03249-NRB, 76 in 1:11-cv-03128-NRB, 77 in 1:11-cv-02883-NRB, 55 in 1:11-cv-07715-NRB) Amended Notice of Appeal, filed by Mayor and City Council of Baltimore, (1058 in 1:11-md-02262-NRB) Notice of Interlocutory Appeal, filed by Salix Capital US Inc., (252 in 1:11-cv-02613-NRB, 1016 in 1:11-md-02262-NRB) Notice of Appeal,, filed by 303030 Trading LLC, 303030 Trading, LLC, FTC Futures Fund PCC Ltd, Atlantic Trading USA, LLC, Gary Francis, Metzler Investment GmbH, Nathaniel Haynes, FTC Futures Fund SICAV, (1119 in 1:11-md-02262-NRB) Notice of Interlocutory Appeal,, filed by 303 Proprietary Trading LLC, Randall Williams, John Henderson, Nicholas Pesa, michael cahill, Scott Federighi, David Klusendorf, Brian Haggerty, Norman Byster, David Vecchione, Robert Furlong, Joseph Amabile, Christopher Lang, Richard Deogracias, Ronald Krug, Philip Olson, John Monckton, Michael Cahill, David Gough, norman byster, Louie Amabile, Marc Federighi, Eduardo Restani, Margery Teller, Brett Pankau. USCA Case Number 13-3565(L), 133636(Con), 15441(Con), 15454(Con), 15477(Con), 15494(Con), 15498(Con), 15-524(Con), 15537(Con), 15547(Con), 15-551(Con), 15611(Con), 15620(Con), 15-627(Con), 15733(Con), 15744(Con), 15-778(Con), 15825(Con), 15830 (Con).. The appeals in the above captioned case from a judgment of the United States District Court for the Southern District of New York were argued on the district court's record and the parties' briefs. Upon consideration thereof, IT IS HEREBY ORDERED, ADJUDGED and DECREED that the district court's judgment is VACATED and the case is REMANDED for further proceedings consistent with this Court's opinion. . Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 06/15/2016. Filed In Associated Cases: 1:11-md-02262-NRB et al.(nd) (Entered: 06/16/2016)
LETTER addressed to Judge Naomi Reice Buchwald from William Carmody dated 06/15/2016 re: Subpoenas. Document filed by Mayor and City Council of Baltimore. (Attachments: # 1 Exhibit A)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 06/15/2016)
NOTICE OF CHANGE OF ADDRESS by Seth D. Ard on behalf of Mayor and City Council of Baltimore. New Address: Susman Godfrey L.L.P., 1301 Avenue of the Americas, 32nd Floor, New York, NY, 10019, (212) 336-8330. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Ard, Seth) (Entered: 06/10/2016)
NOTICE OF CHANGE OF ADDRESS by William Christopher Carmody on behalf of Mayor and City Council of Baltimore, City of New Britain Firefighters' and Police Benefit Fund. New Address: Susman Godfrey L.L.P., 1301 Avenue of the Americas, 32nd Fl., New York, NY, USA 10019, 212-336-8330. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 06/09/2016)
NOTICE OF CHANGE OF ADDRESS by Arun Srinivas Subramanian on behalf of City of New Britain Firefighters' and Police Benefit Fund. New Address: Susman Godfrey L.L.P., 1301 Avenue of the Americas, 32nd Fl., New York, NY, USA 10019, 212-336-8330. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Subramanian, Arun) (Entered: 06/08/2016)
NOTICE OF APPEARANCE by Patrick Joseph Coughlin on behalf of SEIU Pension Plans Master Trust. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Coughlin, Patrick) (Entered: 06/03/2016)
LETTER addressed to Judge Naomi Reice Buchwald from William Carmody dated 06-01-2016 re: Response to Defendants' May 27th letter regarding our request that the Court vacate deadlines in non-stayed class actions and set status conference. Document filed by Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 06/01/2016)
LETTER addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated May 27, 2016 re: In response to Plaintiffs' May 25, 2016 letter requesting that the Court vacate the existing deadlines in the scheduling order for the non-stayed class cases. Document filed by Bank Of America Corporation, Bank of America, N.A., Citibank NA, Citigroup Inc., Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., Credit Suisse Group AG, Deutsche Bank AG, J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A., Royal Bank of Canada, UBS AG.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Burke, Arthur) (Entered: 05/27/2016)
LETTER MOTION for Conference Requesting Status Conference to Address Second Circuit Decision addressed to Judge Naomi Reice Buchwald from William Carmody dated 5/26/16. Document filed by Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 05/26/2016)
LETTER MOTION for Conference Letter Motion Requesting Status Conference to Address Second Circuit Decision addressed to Judge Naomi Reice Buchwald from William Carmody dated 05/25/16. Document filed by Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 05/25/2016)
FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER MOTION for Conference Requesting Status Conference to Address Second Circuit Decision addressed to Judge Naomi Reice Buchwald from William Carmody dated 05/25/2016. Document filed by Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) Modified on 5/25/2016 (db). (Entered: 05/25/2016)
OPINION of USCA as to (106 in 1:13-cv-01016-NRB, 38 in 1:14-cv-07720-NRB, 164 in 1:13-cv-00625-NRB, 156 in 1:13-cv-05186-NRB, 76 in 1:11-cv-05929-NRB, 71 in 1:11-cv-05927-NRB, 75 in 1:12-cv-07461-NRB, 130 in 1:13-cv-07394-NRB, 100 in 1:12-cv-01025-NRB, 126 in 1:13-cv-06014-NRB, 159 in 1:13-cv-05616-NRB, 156 in 1:13-cv-05187-NRB, 77 in 1:11-cv-05928-NRB, 105 in 1:13-cv-01135-NRB, 116 in 1:14-cv-03094-NRB, 99 in 1:13-cv-01198-NRB, 149 in 1:13-cv-05221-NRB, 78 in 1:11-cv-03249-NRB, 165 in 1:13-cv-00597-NRB, 104 in 1:11-cv-05641-NRB, 97 in 1:12-cv-05822-NRB, 80 in 1:11-cv-05931-NRB, 164 in 1:13-cv-00667-NRB, 163 in 1:13-cv-00626-NRB, 77 in 1:12-cv-06693-NRB, 55 in 1:11-cv-07676-NRB, 140 in 1:13-cv-00598-NRB, 171 in 1:11-cv-06411-NRB, 126 in 1:13-cv-06013-NRB, 56 in 1:11-cv-07715-NRB, 195 in 1:13-cv-02297-NRB, 73 in 1:13-cv-08799-NRB, 166 in 1:11-cv-06409-NRB, 91 in 1:13-cv-00346-NRB, 116 in 1:14-cv-01757-NRB, 77 in 1:11-cv-03128-NRB, 66 in 1:11-cv-05930-NRB, 157 in 1:13-cv-03952-NRB, 90 in 1:11-cv-05640-NRB, 176 in 1:11-cv-06412-NRB, 81 in 1:13-cv-05511-NRB, 149 in 1:13-cv-05569-NRB, 129 in 1:13-cv-08644-NRB, 72 in 1:14-cv-04189-NRB, 98 in 1:11-cv-05638-NRB, 100 in 1:13-cv-06020-NRB, 86 in 1:12-cv-06056-NRB, 163 in 1:13-cv-00627-NRB, 83 in 1:13-cv-03010-NRB, 78 in 1:11-cv-02883-NRB, 90 in 1:13-cv-02343-NRB, 61 in 1:12-cv-04205-NRB, 125 in 1:12-cv-05723-NRB, 96 in 1:13-cv-00407-NRB, 97 in 1:13-cv-00398-NRB, 98 in 1:13-cv-07720-NRB, 1043 in 1:11-md-02262-NRB, 71 in 1:13-cv-01456-NRB, 175 in 1:13-cv-07005-NRB, 271 in 1:11-cv-02613-NRB) Amended Notice of Appeal,,,,,,, filed by Mayor and City Council of Baltimore, (160 in 1:13-cv-00625-NRB, 96 in 1:11-cv-05638-NRB, 145 in 1:13-cv-05569-NRB, 73 in 1:12-cv-06693-NRB, 88 in 1:13-cv-02343-NRB, 94 in 1:13-cv-00398-NRB, 94 in 1:12-cv-05822-NRB, 81 in 1:13-cv-03010-NRB, 59 in 1:12-cv-04205-NRB, 1015 in 1:11-md-02262-NRB, 159 in 1:13-cv-00626-NRB, 152 in 1:13-cv-05187-NRB, 113 in 1:14-cv-01757-NRB, 121 in 1:13-cv-06013-NRB, 101 in 1:13-cv-01135-NRB, 36 in 1:14-cv-07720-NRB, 122 in 1:13-cv-00598-NRB, 69 in 1:13-cv-01456-NRB, 53 in 1:11-cv-07676-NRB, 102 in 1:11-cv-05641-NRB, 94 in 1:13-cv-00407-NRB, 104 in 1:13-cv-01016-NRB, 64 in 1:11-cv-05930-NRB, 74 in 1:11-cv-05929-NRB, 193 in 1:13-cv-02297-NRB, 96 in 1:13-cv-07720-NRB, 127 in 1:13-cv-07394-NRB, 164 in 1:11-cv-06409-NRB, 152 in 1:13-cv-05186-NRB, 69 in 1:11-cv-05927-NRB, 251 in 1:11-cv-02613-NRB, 97 in 1:13-cv-01198-NRB, 145 in 1:13-cv-05221-NRB, 154 in 1:13-cv-03952-NRB, 173 in 1:13-cv-07005-NRB, 155 in 1:13-cv-05616-NRB, 169 in 1:11-cv-06411-NRB, 125 in 1:13-cv-08644-NRB, 69 in 1:14-cv-04189-NRB, 88 in 1:13-cv-00346-NRB, 161 in 1:13-cv-00597-NRB, 79 in 1:13-cv-05511-NRB, 72 in 1:11-cv-03128-NRB, 84 in 1:12-cv-06056-NRB, 98 in 1:12-cv-01025-NRB, 88 in 1:11-cv-05640-NRB, 70 in 1:13-cv-08799-NRB, 123 in 1:12-cv-05723-NRB, 73 in 1:11-cv-02883-NRB, 113 in 1:14-cv-03094-NRB, 51 in 1:11-cv-07715-NRB, 121 in 1:13-cv-06014-NRB, 78 in 1:11-cv-05931-NRB, 73 in 1:12-cv-07461-NRB, 174 in 1:11-cv-06412-NRB, 75 in 1:11-cv-05928-NRB, 159 in 1:13-cv-00627-NRB, 73 in 1:11-cv-03249-NRB, 97 in 1:13-cv-06020-NRB, 160 in 1:13-cv-00667-NRB) Notice of Appeal, filed by Mayor and City Council of Baltimore, (153 in 1:13-cv-05221-NRB, 153 in 1:13-cv-05569-NRB, 160 in 1:13-cv-05186-NRB, 168 in 1:13-cv-00625-NRB, 168 in 1:13-cv-00667-NRB, 133 in 1:13-cv-08644-NRB, 1098 in 1:11-md-02262-NRB, 167 in 1:13-cv-00627-NRB, 169 in 1:13-cv-00597-NRB, 167 in 1:13-cv-00626-NRB, 160 in 1:13-cv-05187-NRB) Notice of Interlocutory Appeal,,, filed by County of Sacramento, County of San Diego, San Diego Association of Governments, The Richmond Joint Powers Financing Authority, City of Riverside, County of Sonoma, Successor Agency to the Richmond Community Redevelopment Agency, City of Richmond, County of San Mateo, San Mateo Couty Joint Powers Financing Authority, The Riverside Public Financing Authority, County of Mendocino, David E. Sundstrom, East Bay Municipal Utility District, The Regents of the University of California, (1105 in 1:11-md-02262-NRB, 120 in 1:14-cv-03094-NRB) Notice of Interlocutory Appeal, filed by Bay Area Toll Authority, (1099 in 1:11-md-02262-NRB, 163 in 1:13-cv-05616-NRB) Notice of Interlocutory Appeal, filed by City of Houston, City Of Houston, (1011 in 1:11-md-02262-NRB, 172 in 1:11-cv-06412-NRB, 161 in 1:11-cv-06409-NRB, 167 in 1:11-cv-06411-NRB) Notice of Appeal,,,,,,, filed by Schwab Advisor Cash Reserves, Schwab Short-Term Bond Market Fund, Schwab Value Advantage Money Fund, Schwab Retirement Advantage Money Fund, Schwab Total Bond Market Fund, Charles Schwab Corporation, Schwab Yieldplus Fund, Schwab Cash Reserves, Schwab Investor Money Fund, Charles Schwab & Co., Inc., Schwab U.S. Dollar Liquid Assets Fund, Schwab Yieldplus Fund Liquidation Trust, Charles Schwab Bank, N.A., Schwab Money Market Fund, (274 in 1:11-cv-02613-NRB, 1063 in 1:11-md-02262-NRB) Amended Notice of Appeal,, filed by 303030 Trading LLC, 303030 Trading, LLC, FTC Futures Fund PCC Ltd, Atlantic Trading USA, LLC, Gary Francis, Metzler Investment GmbH, Nathaniel Haynes, FTC Futures Fund SICAV, (1054 in 1:11-md-02262-NRB, 133 in 1:13-cv-07394-NRB) Notice of Interlocutory Appeal, filed by National Credit Union Administration Board, (409 in 1:11-md-02262-NRB, 50 in 1:12-cv-01025-NRB) Notice of Appeal,,,,,,,,,,,,,,,,,,,,,,,,,, filed by Linda Zacher, Ellen Gelboim, (74 in 1:12-cv-06693-NRB, 1017 in 1:11-md-02262-NRB) Notice of Appeal,,,,,,, filed by Maidencreek Ventures II LP, Jill Court Associates II, LLC, Greenwich Commons II, LLC, Lawrence W. Gardner, Raritan Commons, LLC, Courtyard at Amwell II, LLC, (76 in 1:14-cv-04189-NRB, 1064 in 1:11-md-02262-NRB) Notice of Interlocutory Appeal, filed by PRUDENTIAL CORE TAXABLE MONEY MARKET FUND, PRUDENTIAL INVESTMENT PORTFOLIOS 2, (75 in 1:13-cv-08799-NRB, 1057 in 1:11-md-02262-NRB) Notice of Interlocutory Appeal, filed by Darby Financial Products, Capital Ventures International, (1056 in 1:11-md-02262-NRB, 102 in 1:13-cv-06020-NRB) Notice of Interlocutory Appeal, filed by The Pennsylvania Intergovernmental Cooperation Authority, THE PENNSYLVANIA INTERGOVERNMENTAL COOPERATION AUTHORITY, THE CITY OF PHILADELPHIA, The City of Philadelphia, (1014 in 1:11-md-02262-NRB, 93 in 1:12-cv-05822-NRB) Notice of Appeal,,,,,,, filed by 33-35 Green Pond Road Associates, LLC, (1044 in 1:11-md-02262-NRB, 92 in 1:13-cv-00346-NRB) Notice of Interlocutory Appeal, filed by Guaranty Bank & Trust Company, (1058 in 1:11-md-02262-NRB) Notice of Interlocutory Appeal, filed by Salix Capital US Inc., (429 in 1:11-md-02262-NRB) Notice of Appeal,,,, filed by Schwab Advisor Cash Reserves, Schwab Short-Term Bond Market Fund, Schwab Value Advantage Money Fund, The Charles Schwab Corporation, Schwab Retirement Advantage Money Fund, Schwab Total Bond Market Fund, Schwab Yieldplus Fund, Schwab Cash Reserves, Schwab Investor Money Fund, Charles Schwab & Co., Inc., Schwab U.S. Dollar Liquid Assets Fund, Schwab Yieldplus Fund Liquidation Trust, Charles Schwab Bank, N.A., Schwab Money Market Fund, (252 in 1:11-cv-02613-NRB, 1016 in 1:11-md-02262-NRB) Notice of Appeal,, filed by 303030 Trading LLC, 303030 Trading, LLC, FTC Futures Fund PCC Ltd, Atlantic Trading USA, LLC, Gary Francis, Metzler Investment GmbH, Nathaniel Haynes, FTC Futures Fund SICAV, (1119 in 1:11-md-02262-NRB) Notice of Interlocutory Appeal,, filed by 303 Proprietary Trading LLC, Randall Williams, John Henderson, Nicholas Pesa, michael cahill, Scott Federighi, David Klusendorf, Brian Haggerty, Norman Byster, David Vecchione, Robert Furlong, Joseph Amabile, Christopher Lang, Richard Deogracias, Ronald Krug, Philip Olson, John Monckton, Michael Cahill, David Gough, norman byster, Louie Amabile, Marc Federighi, Eduardo Restani, Margery Teller, Brett Pankau USCA Case Number 13-3565(L). Plaintiffsappellants, comprising individuals and entities that held diverse financial instruments, allege that the defendant banks colluded to depress a benchmark incorporated into those instruments, thereby decreasing the instruments' financial returns in violation of Section One of the Sherman Act. The United States District Court for the Southern District of New York (Buchwald, J.) dismissed the lawsuit for failure to allege antitrust injury. We vacate the judgment and remand for further proceedings consistent with this opinion. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 05/23/2016. Filed In Associated Cases: 1:11-md-02262-NRB et al.(nd) (Entered: 05/25/2016)
AMENDED STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Naomi Reice Buchwald on 5/11/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al., Pursuant to instructions from Chambers. (mro) Modified on 5/13/2016 (mro). (Entered: 05/12/2016)
STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 3/21/2016) ***As per chambers, Filed In All Member and Related Cases: 1:11-md-02262-NRB et al.(tn) (Entered: 03/22/2016)
NOTICE of Change of Name and Amended Corporate Disclosure Statement. Document filed by Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A.. (Gelfand, David) (Entered: 02/02/2016)
NOTICE OF APPEARANCE by Alexander Nuo Li on behalf of J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A.. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Li, Alexander) (Entered: 10/26/2015)
ENDORSED LETTER addressed to Judge Naomi Reice Buchwald from Jonathan D. Schiller dated 9/21/2015 re: I respectfully request that Robert B. Silver be removed as counsel of record for Defendants Barclays Capital Inc., Barclays U.S. Funding LLC, Barclays PLC, and Barclays Bank PLC in the above-captioned action and related cases. ENDORSEMENT: This application is granted. (Signed by Judge Naomi Reice Buchwald on 10/14/2015) Filed In Associated Cases: 1:11-md-02262-NRB et al. Attorney terminated only in cases he was listed in: 11md2262, 12-6693, 12-5723, 12-5822, 12-6056. (rjm) (Entered: 10/15/2015)
ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL in case 1:11-cv-02613-NRB; granting (1203) Motion to Withdraw as Attorney. IT IS HEREBY ORDERED that the motion of James D. Miller to withdraw as counsel for the RBS Defendants is granted and Mr. Miller's appearance is withdrawn as of the date of this Order. Attorney James Drew Miller terminated in case 1:11-md-02262-NRB. (Signed by Judge Naomi Reice Buchwald on 9/21/2015) Filed In Associated Cases: 1:11-md-02262-NRB et al. (spo) (Entered: 09/28/2015)
ORDER. The claims in the cases listed in the appendix to this Order were dismissed in their entirety on March 29, 2013, and judgment was entered by operation of law on August 26, 2013. See Fed. R. Civ. P. 58 (c) (2) (B). Accordingly, the Clerk of Court is directed to close each case listed in the appendix. IT IS SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 7/22/2015) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-06409-NRB, 1:11-cv-06411-NRB, 1:11-cv-06412-NRB, 1:12-cv-01025-NRB (rjm) (Entered: 07/22/2015)
NOTICE OF CHANGE OF ADDRESS by Melanie Westover Yanez on behalf of Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A.. New Address: Milbank, Tweed, Hadley & McCloy LLP, 1850 K Street, NW, Suite 1100, Washington, D.C., USA 20006, 202-835-7500. (Yanez, Melanie) (Entered: 06/16/2015)
NOTICE OF CHANGE OF ADDRESS by Sean Miles Murphy on behalf of Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A.. New Address: Milbank, Tweed, Hadley & McCloy LLP, 28 Liberty Street, New York, New York, USA 10005, 212-530-5000. (Murphy, Sean) (Entered: 06/16/2015)
NOTICE OF CHANGE OF ADDRESS by David Robert Gelfand on behalf of Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A.. New Address: Milbank, Tweed, Hadley & McCloy LLP, 28 Liberty Street, New York, New York, USA 10005, 212-530-5219. (Gelfand, David) (Entered: 06/15/2015)
ORDER of USCA (Certified Copy) as to (409 in 1:11-md-02262-NRB, 50 in 1:12-cv-01025-NRB) Notice of Appeal filed by Linda Zacher, Ellen Gelboim USCA Case Number 13-3565. By order dated February 23, 2015, this Court reinstated the above-referenced case restoring jurisdiction to this Court. The mandate in this case is hereby recalled. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Order: 04/01/2015. Certified: 04/01/2015. Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(nd) (Entered: 04/01/2015)
LETTER addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated March 16, 2015 re: OTC plaintiffs' request to add Jennie Stuart Medical Center, Inc. as a named plaintiff. Document filed by Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 03/16/2015)
ENDORSED LETTER addressed to Judge Naomi Reice Buchwald from Andrew J. Calica dated 2/24/2015 re: We are counsel for Societe Generale in the In re LIBOR-Based Financial Instruments Antitrust Litigation. On February 18 and 19, 2015, our firm electronically filed four notices of change of address that were errantly associated to the following dockets for the In re LIBOR-Based Financial Instruments Antitrust Litigation matter: No. 11-md-2262, ECF No. 1037; No. 13-cv-598, ECF No. 134; No. 12-cv-1025, ECF No. 101; and No. 11-cv-2613, ECF No. 265. Societe Generale is not a defendant in the Gelboim matter (No. 12-cv-1025), and thus these notices should not have been filed or associated to the above-referenced dockets. Accordingly, we respectfully request that the Court remove these filings or amend the docket entries to reflect that these documents were errantly filed. ENDORSEMENT: Application granted. (Signed by Judge Naomi Reice Buchwald on 3/8/2015) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB, 1:12-cv-01025-NRB, 1:13-cv-00598-NRB (rjm) (Entered: 03/10/2015)
NOTICE OF CHANGE OF ADDRESS by Karen L. Morris on behalf of Ellen Gelboim. New Address: Morris and Morris LLC Counselors At Law, 4001 Kennett Pike, Suite 300, Wilmington, DE, United States 19807, 302-426-0400. (Morris, Karen) (Entered: 03/04/2015)
Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Oral Argument held on 2/5/2015 re: (752 in 1:11-md-02262-NRB) MOTION to Dismiss . NOTICE OF DEFENDANT SOCIETE GENERALE'S MOTION TO DISMISS THE INDIVIDUAL PLAINTIFFS' AMENDED COMPLAINTS. filed by Societe Generale, (743 in 1:11-md-02262-NRB) MOTION to Dismiss Direct Action Claims. filed by The Bank of Tokyo-Mitsubishi UFJ, Ltd., Barclays Capital Inc., Bank of America Corporation, Deutsche Bank Securities Inc., Citibank, N.A., Credit Suisse Securities (USA) LLC, Credit Suisse International, Credit Suisse AG, HSBC Bank PLC, HSBC Holdings PLC, Portigon AG, HBOS plc, J.P. Morgan Securities, LLC, JPMorgan Chase Bank N.A., The Royal Bank of Scotland plc, HSBC Securities (USA) Inc., J.P. Morgan Bank Dublin PLC, HSBC Bank plc, RBS Citizens, N.A., BBA Enterprises, Ltd., Barclays PLC, Merrill Lynch & Co., UBS Securities LLC, Merrill Lynch Capital Services, Inc., The Hongkong and Shanghai Banking Corporation, Ltd., CITI SWAPCO INC., Credit Suisse Group AG, The Norinchukin Bank, WestDeutsche Immobilienbank AG, RBS Securities, Inc., J.P. Morgan Markets Ltd., RBC Capital Markets, LLC, Royal Bank of Canada, HSBC Bank USA, N.A., UBS AG, Merrill Lynch International Bank, Ltd., BBA Libor, Ltd., HBOS PLC, HSBC USA Inc., Chase Bank USA, N.A., HSBC Finance Corp., Citigroup Global Markets, Inc., Deutsche Bank AG, Barclays Bank plc, British Bankers Association, Lloyds Bank PLC (formerly known as Lloyds TSB Bank PLC), Citigroup Global Markets Limited, Citigroup Funding Inc., Credit Suisse (USA) Inc., Banc of America Securities LLC, Merrill Lynch, Pierce, Fenner & Smith, Inc., Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., The Royal Bank of Scotland Group plc, Lloyds Banking Group plc, JPMorgan Chase & Co., HSBC Holdings plc, Societe Generale, Bank of America, N.A., HBOS Plc, Citigroup, Inc., Lloyds Banking Group PLC, Citigroup Financial Products, Inc.. Associated Cases: 1:11-md-02262-NRB et al.(Harris, Karen) (Entered: 02/26/2015)
AMENDED NOTICE OF APPEAL re: (174 in 1:13-cv-07005-NRB, 99 in 1:12-cv-01025-NRB, 75 in 1:11-cv-03128-NRB, 153 in 1:13-cv-05187-NRB, 114 in 1:14-cv-03094-NRB, 156 in 1:13-cv-05616-NRB, 128 in 1:13-cv-07394-NRB, 76 in 1:11-cv-02883-NRB, 170 in 1:11-cv-06411-NRB, 54 in 1:11-cv-07676-NRB, 153 in 1:13-cv-05186-NRB, 105 in 1:13-cv-01016-NRB, 161 in 1:13-cv-00667-NRB, 114 in 1:14-cv-01757-NRB, 97 in 1:13-cv-07720-NRB, 1019 in 1:11-md-02262-NRB, 160 in 1:13-cv-00626-NRB, 89 in 1:11-cv-05640-NRB, 161 in 1:13-cv-00625-NRB, 75 in 1:12-cv-06693-NRB, 37 in 1:14-cv-07720-NRB, 76 in 1:11-cv-05928-NRB, 82 in 1:13-cv-03010-NRB, 60 in 1:12-cv-04205-NRB, 70 in 1:14-cv-04189-NRB, 95 in 1:13-cv-00398-NRB, 98 in 1:13-cv-06020-NRB, 89 in 1:13-cv-02343-NRB, 175 in 1:11-cv-06412-NRB, 75 in 1:11-cv-05929-NRB, 253 in 1:11-cv-02613-NRB, 70 in 1:13-cv-01456-NRB, 95 in 1:13-cv-00407-NRB, 80 in 1:13-cv-05511-NRB, 162 in 1:13-cv-00597-NRB, 123 in 1:13-cv-00598-NRB, 70 in 1:11-cv-05927-NRB, 165 in 1:11-cv-06409-NRB, 65 in 1:11-cv-05930-NRB, 54 in 1:11-cv-07715-NRB, 89 in 1:13-cv-00346-NRB, 126 in 1:13-cv-08644-NRB, 102 in 1:13-cv-01135-NRB, 122 in 1:13-cv-06013-NRB, 71 in 1:13-cv-08799-NRB, 194 in 1:13-cv-02297-NRB, 160 in 1:13-cv-00627-NRB, 97 in 1:11-cv-05638-NRB, 146 in 1:13-cv-05221-NRB, 95 in 1:12-cv-05822-NRB, 74 in 1:12-cv-07461-NRB, 85 in 1:12-cv-06056-NRB, 122 in 1:13-cv-06014-NRB, 79 in 1:11-cv-05931-NRB, 98 in 1:13-cv-01198-NRB, 76 in 1:11-cv-03249-NRB, 146 in 1:13-cv-05569-NRB, 155 in 1:13-cv-03952-NRB, 103 in 1:11-cv-05641-NRB, 124 in 1:12-cv-05723-NRB) Corrected Notice of Appeal,,,,,,, (1024 in 1:11-md-02262-NRB, 96 in 1:13-cv-00398-NRB, 90 in 1:13-cv-00346-NRB, 96 in 1:12-cv-05822-NRB, 254 in 1:11-cv-02613-NRB, 76 in 1:12-cv-06693-NRB, 104 in 1:13-cv-01135-NRB) Clerk's Judgment,,,,. Document filed by Mayor and City Council of Baltimore. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 02/20/2015)
CORRECTED NOTICE OF APPEAL re: (127 in 1:13-cv-07394-NRB, 164 in 1:11-cv-06409-NRB, 152 in 1:13-cv-05186-NRB, 160 in 1:13-cv-00625-NRB, 96 in 1:11-cv-05638-NRB, 69 in 1:11-cv-05927-NRB, 145 in 1:13-cv-05569-NRB, 97 in 1:13-cv-01198-NRB, 251 in 1:11-cv-02613-NRB, 145 in 1:13-cv-05221-NRB, 173 in 1:13-cv-07005-NRB, 154 in 1:13-cv-03952-NRB, 73 in 1:12-cv-06693-NRB, 88 in 1:13-cv-02343-NRB, 94 in 1:13-cv-00398-NRB, 94 in 1:12-cv-05822-NRB, 155 in 1:13-cv-05616-NRB, 169 in 1:11-cv-06411-NRB, 125 in 1:13-cv-08644-NRB, 81 in 1:13-cv-03010-NRB, 59 in 1:12-cv-04205-NRB, 1015 in 1:11-md-02262-NRB, 159 in 1:13-cv-00626-NRB, 69 in 1:14-cv-04189-NRB, 88 in 1:13-cv-00346-NRB, 161 in 1:13-cv-00597-NRB, 152 in 1:13-cv-05187-NRB, 79 in 1:13-cv-05511-NRB, 113 in 1:14-cv-01757-NRB, 121 in 1:13-cv-06013-NRB, 72 in 1:11-cv-03128-NRB, 101 in 1:13-cv-01135-NRB, 84 in 1:12-cv-06056-NRB, 36 in 1:14-cv-07720-NRB, 98 in 1:12-cv-01025-NRB, 122 in 1:13-cv-00598-NRB, 88 in 1:11-cv-05640-NRB, 70 in 1:13-cv-08799-NRB, 69 in 1:13-cv-01456-NRB, 123 in 1:12-cv-05723-NRB, 73 in 1:11-cv-02883-NRB, 113 in 1:14-cv-03094-NRB, 51 in 1:11-cv-07715-NRB, 53 in 1:11-cv-07676-NRB, 102 in 1:11-cv-05641-NRB, 121 in 1:13-cv-06014-NRB, 94 in 1:13-cv-00407-NRB, 78 in 1:11-cv-05931-NRB, 73 in 1:12-cv-07461-NRB, 104 in 1:13-cv-01016-NRB, 64 in 1:11-cv-05930-NRB, 174 in 1:11-cv-06412-NRB, 75 in 1:11-cv-05928-NRB, 159 in 1:13-cv-00627-NRB, 74 in 1:11-cv-05929-NRB, 193 in 1:13-cv-02297-NRB, 73 in 1:11-cv-03249-NRB, 97 in 1:13-cv-06020-NRB, 160 in 1:13-cv-00667-NRB, 96 in 1:13-cv-07720-NRB) Notice of Appeal, (71 in 1:12-cv-06693-NRB, 1008 in 1:11-md-02262-NRB, 99 in 1:13-cv-01135-NRB, 86 in 1:13-cv-00346-NRB, 249 in 1:11-cv-02613-NRB, 92 in 1:13-cv-00398-NRB, 91 in 1:12-cv-05822-NRB) Order,,,, (250 in 1:11-cv-02613-NRB) Clerk's Judgment,,,,. Document filed by Mayor and City Council of Baltimore. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 02/13/2015)
FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF APPEAL. Document filed by Mayor and City Council of Baltimore. Filing fee $ 505.00, receipt number 0208-10592956. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) Modified on 2/13/2015 (tp). (Entered: 02/12/2015)
REPLY MEMORANDUM OF LAW in Support re: (743 in 1:11-md-02262-NRB) MOTION to Dismiss Direct Action Claims. Fraud and Related Claims. Document filed by Barclays Bank PLC, Barclays Capital Inc., Barclays PLC. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Scott, Jeffrey) (Entered: 12/23/2014)
NOTICE OF CHANGE OF ADDRESS by Alan M. Wiseman on behalf of Citibank, N.A., Citigroup Global Markets, Inc., Citigroup, Inc.. New Address: Covington & Burling LLP, One CityCenter, 850 10th St., NW, Washington, DC, U.S.A. 20001-4956, 202-662-5069. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Wiseman, Alan) (Entered: 12/12/2014)
NOTICE OF CHANGE OF ADDRESS by Thomas A. Isaacson on behalf of Citibank, N.A., Citigroup Global Markets, Inc., Citigroup, Inc.. New Address: Covington & Burling LLP, One CityCenter, 850 10th St., NW, Washington, DC, U.S.A. 20001-4956, 202-622-5082. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Isaacson, Thomas) (Entered: 12/12/2014)
NOTICE OF CHANGE OF ADDRESS by Jonathan James Gimblett on behalf of Citibank, N.A., Citigroup Global Markets, Inc., Citigroup, Inc.. New Address: Covington & Burling LLP, One CityCenter, 850 10th St., NW, Washington, DC, U.S.A. 20001-4956, 202-662-5457. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Gimblett, Jonathan) (Entered: 12/12/2014)
NOTICE OF APPEARANCE by Benjamin Andrew Fleming on behalf of Lloyds Banking Group plc, HBOS plc, Lloyds Banking Group plc., Lloyds Banking Group plc(a United Kingdom Public Limited Company), Lloyds Bank PLC (formerly known as Lloyds TSB Bank PLC). Filed In Associated Cases: 1:11-md-02262-NRB et al.(Fleming, Benjamin) (Entered: 11/19/2014)
NOTICE OF APPEARANCE by Kevin Timothy Baumann on behalf of HBOS PLC, Lloyds Banking Group plc, Lloyds Banking Group plc., Lloyds Banking Group plc(a United Kingdom Public Limited Company), Lloyds Bank PLC (formerly known as Lloyds TSB Bank PLC). Filed In Associated Cases: 1:11-md-02262-NRB et al.(Baumann, Kevin) (Entered: 11/19/2014)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 10/27/14 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: 1:11-md-02262-NRB et al.(McGuirk, Kelly) (Entered: 11/04/2014)
TRANSCRIPT of Proceedings re: HEARING held on 10/27/2014 before Judge Naomi Reice Buchwald. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/1/2014. Redacted Transcript Deadline set for 12/8/2014. Release of Transcript Restriction set for 2/5/2015.Filed In Associated Cases: 1:11-md-02262-NRB et al.(McGuirk, Kelly) (Entered: 11/04/2014)
ORDER: The Order dated on October 14, 2014 (ECF No. 691) was posted entirely in error. The Court regrets the confusion caused by this error. The subject of the the conference to be held on October 27, 2014, is, as our Endorsement of October 21, 2014, made clear, strictly limited to the proposed settlement between the Exchange-Based Plaintiffs and Barclays. The Court intends to address the motions already scheduled and the anticipated motions addressed to the newly defined putative classes before commencing any discovery. (Signed by Judge Naomi Reice Buchwald on 10/23/2014) Filed In Associated Cases: 1:11-md-02262-NRB et al, pursuant to instructions from Chambers. (mro) (Entered: 10/23/2014)
MEMO ENDORSEMENT on re: (695 in 1:11-md-02262-NRB) LETTER MOTION for Conference re: (691) Order on Motion for Conference addressed to Judge Naomi Reice Buchwald from Direct Action Plaintiffs dated 10/21/14 filed by Direct Action Plaintiffs. ENDORSEMENT: The agenda for The conference scheduled for October 27, 2014 is strictly limited to The Proposed Settlement between The Exchange-Based Plaintiffs and to address certain questions that The Court has about The Proposed Settlement. (Signed by Judge Naomi Reice Buchwald on 10/21/2014) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ama) (Entered: 10/21/2014)
MEMORANDUM AND ORDER. The motions to designate interim class counsel are granted, with the modification that interim counsel in Berkshire Bank and Directors Financial shall not represent any persons for claims that fall within the scope of the existing class of OTC Plaintiffs. Berkshire Bank and Directors Financial are consolidated for all purposes, including trial. The parties in Adams will continue to be bound by our broad-based, substantive rulings. Plaintiffs shall file amended complaints within thirty days of this order. The parties shall also propose a briefing schedule for motions to dismiss the amended complaints. IT IS SO ORDERED. Granting (640) Motion; Granting (641) Motion to Appoint Counsel; Granting (644) Motion to Appoint Counsel; Granting (644) Motion to Consolidate Cases; Granting (644) Motion to Appoint Counsel; Granting (644) Motion to Consolidate Cases; Granting (644) Motion to Appoint Counsel; Granting (644) Motion to Consolidate Cases; Granting (647) Motion to Appoint Counsel in case 1:11-md-02262-NRB; Granting (68) Motion to Appoint Counsel; Granting (68) Motion to Consolidate Cases; Granting (68) Motion to Appoint Counsel; Granting (68) Motion to Consolidate Cases; Granting (68) Motion to Appoint Counsel; Granting (68) Motion to Consolidate Cases in case 1:12-cv-05723-NRB; Granting (68) Motion to Appoint Counsel in case 1:13-cv-00407-NRB; Granting (48) Motion to Appoint Counsel; Granting (48) Motion to Consolidate Cases; Granting (48) Motion to Appoint Counsel; Granting (48) Motion to Consolidate Cases; Granting (48) Motion to Appoint Counsel; Granting (48) Motion to Consolidate Cases in case 1:13-cv-01016-NRB. (Signed by Judge Naomi Reice Buchwald on 10/14/2014) Filed In Associated Cases: 1:11-md-02262-NRB et al. (All Cases as per Chambers) (rjm) (Entered: 10/14/2014)
ORDER. Counsel for OTC Plaintiffs, Exchange-Based Plaintiffs, and defendants are directed to appear for a Rule 26(f) conference at the time and place listed below, and are directed to confer. Conference will be held on October 27, 2014, at 3:00 P.M., at the United States Court House, 500 Pearl Street, New York, New York, in Courtroom 21A. IT IS SO ORDERED. Granting (211) Letter Motion for Conference re: (211 in 1:11-cv-02613-NRB, 680 in 1:11-md-02262-NRB) LETTER MOTION for Conference addressed to Judge Naomi Reice Buchwald from Christopher Lovell & David Kovel dated 10/8/14. (Status Conference set for 10/27/2014 at 03:00 PM in Courtroom 21A, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Naomi Reice Buchwald.) in case 1:11-cv-02613-NRB; Granting (680) Letter Motion for Conference (Status Conference set for 10/27/2014 at 03:00 PM in Courtroom 21A, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Naomi Reice Buchwald.) in case 1:11-md-02262-NRB in case 1:11-cv-02613-NRB. (Signed by Judge Naomi Reice Buchwald on 10/14/2014) Filed In Associated Cases: 1:11-md-02262-NRB et al. (All Cases as per Chambers) (rjm) (Entered: 10/14/2014)
REPLY to Response to Motion re: (647 in 1:11-md-02262-NRB) MOTION to Appoint Counsel . . Document filed by Kenneth W. Coker, Carl A. Payne. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Alberstone, Daniel) (Entered: 10/13/2014)
ORDER. It is ORDERED that the All Defendants Complaints are hereby deemed accepted; and further ORDERED that the clerk shall accept future filings in this multi-district litigation and related cases notwithstanding that the filings are marked as pertaining to "all defendants." (Signed by Judge Naomi Reice Buchwald on 10/9/2014) Filed In Associated Cases: 1:11-md-02262-NRB et al. (All Cases as per Chambers) (rjm) (Entered: 10/09/2014)
ORDER. It is hereby ORDERED that the City of Philadelphia's amended complaint of October 7, 2014, be deemed timely, and that the Regents of the University of California (and related plaintiffs) and the City of Houston have leave to re-file their amended complaints on or before October 9, 2014. (Amended Pleadings due by 10/9/2014.) (Signed by Judge Naomi Reice Buchwald on 10/8/2014) Filed In Associated Cases: 1:11-md-02262-NRB et al. (All cases as per Chambers) (rjm) (Entered: 10/08/2014)
ORDER. This Order responds to defendants' letter of August 13, 2014 (ECF No. 590) and the OTC plaintiffs' responsive letter of August 20, 2014 (ECF No. 627). Having reviewed those letters, our decision in LIBOR III, and previous filings cited by the parties, we hereby amend our decision in LIBOR III to clarify that the OTC plaintiffs' claims for breach of contract and unjust enrichment survive against Credit Suisse International ("CSI") but not against Credit Suisse Group AG ("CSGAG"). This clarification is appropriate because LIBOR III unambiguously held that claims against non-counterparty defendants, such as CSGAG, fail to meet the standing requirements of Article III. See slip op. at 67. However, we ambiguously listed "Credit Suisse" as a contracting defendant against whom the OTC plaintiffs had stated a claim. See id. at 57, 67. Had we been more precise, we would have stated that the OTC plaintiffs' claims survive against CSI-and not against CSGAG-because the OTC plaintiffs alleged only that one of the OTC plaintiffs had contracted with CSI. See Second Cons. Am. Compl. paragraph 386, ECF No. 406. (Signed by Judge Naomi Reice Buchwald on 10/8/2014) Filed In Associated Cases: 1:11-md-02262-NRB et al. (All cases as per Chambers) (rjm) (Entered: 10/08/2014)
ORDER. This Order addresses the Exchange-Based plaintiffs' letter of August 13, 2014 (Dkt. No. 592) and defendants' responsive letters of August 20, 2014 (Dkt. Nos. 609 and 611). Given the detailed nature of the parties' submissions and the well-established law governing motions to amend and motions for reconsideration, we will treat the parties' letters as motion papers. Accordingly, we invite plaintiffs to submit a letter reply by September 14, 2014. (Signed by Judge Naomi Reice Buchwald on 9/4/2014) Filed In Associated Cases: 1:11-md-02262-NRB et al. Entry in all cases as per Chambers. (rjm) (Entered: 09/05/2014)
ORDER. This Order addresses two letters submitted on August 20, 2014: (1) Susman Godfrey's letter on behalf of the "class cases" seeking the creation of new interim classes, a stay of certain individual actions, and the addition of new parties to the OTC plaintiffs' case (Dkt. No. 626); and (2) Dickstein Shapiro's letter on behalf of the "Direct Action" plaintiffs requesting leave to amend their complaints pursuant to Federal Rule of Civil Procedure 15(a)(1)(B) (Dkt. No. 610). First, we grant plaintiffs leave to file motions to serve as interim lead counsel for the proposed classes of lenders, homeowners, and students. As the parties have proposed, those motions shall be filed by September 15, 2014, the opposition papers by October 3, 2014, and all replies by October 13, 2014. Following any ruling appointing interim counsel for any additional proposed classes, consolidated amended complaints are to be filed thirty (30) days thereafter. Second, the Court has no objection to maintaining the existing stay for the six cases that have so requested. However, for the four cases that raise claims in addition to Sherman Act claims, plaintiffs will continue to be bound by any broad-based, substantive rulings issued by this Court. Stated otherwise, any party subject to this voluntary stay will not be permitted to relitigate any issue resolved while the stay is in place. Third, we grant OTC plaintiffs leave to add the plaintiffs in SEIU Pension Plans Master Trust v. Bank of America Corp. et al., 13-cv-1456 and Highlander Realty, LLC et al. v. Citizens Bank of Mass. et al., 13-cv-2343 as named plaintiffs in the OTC action. Fourth and finally, we have no objection to allowing "Direct Action" plaintiffs to amend their complaints prior to defendants filing their next round of motions to dismiss. Given the existence of three hundred pages of prior opinions, three years of litigation, and the existence of defendants' letters of August 13, 2014 previewing their anticipated motions to dismiss, we find that there is no need for pre-motion letters before defendants file their motions to dismiss. Therefore, we shall proceed on the following schedule: Direct Action plaintiffs shall file their amended pleadings by October 6, 2014; defendants' motions to dismiss will be due on November 5, 2014, opposition papers must be filed by December 8, 2014, and reply briefs will be due on December 23, 2014. In order to move this litigation forward, we have decided not to await the filing of consolidated amended complaints by the new interim classes before briefing any motions directed to the amended "Direct Action" complaints. We are prepared to work with the parties to avoid duplication of effort should there be motions to dismiss that would also be applicable to any of the consolidated amended complaints filed by the new interim classes. (Amended Pleadings due by 10/6/2014. Motions due by 11/5/2014. Responses due by 12/8/2014. Replies due by 12/23/2014.) (Signed by Judge Naomi Reice Buchwald on 9/4/2014) Filed In Associated Cases: 1:11-md-02262-NRB et al. (rjm). Entry in all cases as per Chambers. (Entered: 09/05/2014)
NOTICE OF APPEARANCE by Francis Paul McConville on behalf of The Berkshire Bank, Government Development Bank for Puerto Rico, Direcors Financial Group. Filed In Associated Cases: 1:11-md-02262-NRB et al.(McConville, Francis) (Entered: 07/22/2014)
NOTICE: Within the next ten days, the Court will issue a communication addressing issues related to the next steps in this litigation and inviting submissions from the parties. Before receiving our communication, counsel are directed not to make any submissions to the Court. (Signed by Judge Naomi Reice Buchwald on 7/2/2014) Filed In Associated Cases: 1:11-md-02262-NRB et al. ***Docketed in all member and related cases pursuant to instructions from Chambers.(mro) (Entered: 07/03/2014)
MEMORANDUM AND ORDER terminating (396) Motion for Reconsideration; denying (418) Motion for Reconsideration; terminating (428) Motion to Strike; denying (453) Motion to Dismiss; granting in part and denying in part (507) Motion to Dismiss; granting (516) Motion to Dismiss in case 1:11-md-02262-NRB. For the reasons stated above, exchange-based plaintiffs' motion for reconsideration of our ruling on trader-based claims is denied, but their motion for leave to amend their complaint is granted; defendants' motion to dismiss CEA claims on scienter grounds is denied; defendants' motion to dismiss CEA claims arising out of contracts purchased between May 30, 2008 and April 14, 2009 is granted; defendants' motion to dismiss OTC plaintiffs' contract and unjust enrichment claims is granted in part and denied in part; and defendant Societe Generale's motion to dismiss the exchange-based plaintiffs' complaint is granted. It has been nearly two years since defendants first moved to dismiss plaintiffs' consolidated amended complaints. Since then, this Court has issued three major opinions and the parties have submitted hundreds, if not thousands, of pages of briefing materials, all in an attempt to resolve the threshold question of any litigation: what claims, if any, have plaintiffs adequately pled? Now, at long last, there is clarity. OTC plaintiffs may state claims for breach of the implied covenant of good faith and fair dealing, and claims for unjust enrichment, but only against those defendant banks with which OTC plaintiffs transacted directly. Exchange-based plaintiffs may state claims under the CEA based on contracts purchased between April 15, 2009 and the end of the Class Period, based on a theory that defendants' alleged persistent suppression of LIBOR caused them damages; however, no such claim may lie against Societe Generale, as those claims are time barred. Exchange-based plaintiffs may also state claims against Barclays and Rabobank based on the alleged day-to-day, trader-based manipulation that occurred between January 1, 2005 and August 2007. This Memorandum and Order resolves docket entry nos. 396, 418, 428, 453, 507, and 516. (Signed by Judge Naomi Reice Buchwald on 6/23/2014) Filed In Associated Cases: 1:11-md-02262-NRB et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) Modified on 6/24/2014 (mro). (Entered: 06/23/2014)
LETTER addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated May 1, 2014 re: Yale University to be added as class representative. Document filed by Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 05/01/2014)
LETTER addressed to Judge Naomi Reice Buchwald from Daniel Alberstone, Esq. dated January 30, 2014 re: LIBOR-Based Financial Instruments Antitrust Litigation. Document filed by Kenneth W. Coker, Carl A. Payne.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Alberstone, Daniel) (Entered: 01/30/2014)
MEMO ENDORSEMENT granting (530) Motion to Withdraw as Attorney. ENDORSEMENT: So Ordered. Attorney Matthew S. Fitzwater terminated in case 1:11-md-02262-NRB. (Signed by Judge Naomi Reice Buchwald on 1/15/2014) Filed In Associated Cases: 1:11-md-02262-NRB et al. (ft) Modified on 1/16/2014 (ft). (Entered: 01/16/2014)
MANDATE of USCA (Certified Copy) as to (429 in 1:11-md-02262-NRB) Notice of Appeal,,,, filed by Schwab Advisor Cash Reserves, Schwab Short-Term Bond Market Fund, Schwab Value Advantage Money Fund, The Charles Schwab Corporation, Schwab Retirement Advantage Money Fund, Schwab Total Bond Market Fund, Schwab Yieldplus Fund, Schwab Investor Money Fund, Schwab Cash Reserves, Charles Schwab & Co., Inc., Schwab U.S. Dollar Liquid Assets Fund, Schwab Yieldplus Fund Liquidation Trust, Charles Schwab Bank, N.A., Schwab Money Market Fund, (409 in 1:11-md-02262-NRB, 50 in 1:12-cv-01025-NRB) Notice of Appeal filed by Linda Zacher, Ellen Gelboim USCA Case Number 13-3565(L); 13-3636(con). This Court has determined sua sponte that it lacks jurisdiction over these appeals because a final order has not been issued by the district court as contemplated by 28 U.S.C. § 1291, and the orders appealed from did not dispose of all claims in the consolidated action. See Coopers & Lybrand v. Livesay, 437 U.S. 463, 467 (1978); Houbigant, Inc. v. IMG Fragrance Brands, LLC, 627 F.3d 497, 498 (2d Cir. 2010) (per curiam). Upon due consideration, it is hereby ORDERED that the appeals are DISMISSED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 01/13/2014. Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(nd) (Entered: 01/13/2014)
NOTICE OF APPEARANCE by Jeffery Li Ding on behalf of JPMorgan Chase & Co., JPMorgan Chase Bank, N.A.. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Ding, Jeffery) (Entered: 01/08/2014)
STIPULATION AND ORDER: SG will file its motion to dismiss the SAC on or before December 13, 2013. Plaintiffs' opposition papers will be due on or before January 10, 2014. SG's reply papers will be due on or before January 28, 2014. (Motions due by 12/13/2013, Responses due by 1/10/2014, Replies due by 1/28/2014.) (Signed by Judge Naomi Reice Buchwald on 12/9/2013) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ft) (Entered: 12/10/2013)
MEMORANDUM AND ORDER: This Order addresses the Exchange-Based Plaintiffs' letter of November 5, 2013, which requested that they be allowed to amend their operative pleading to include information from the Rabobank settlement documents, and the defendants' response of November 13, 2013 opposing the plaintiffs' request. As with the Barclays settlement, we will permit the plaintiffs to rely on facts from the Rabobank settlement in their submissions rather than grant them leave to amend their complaint. Thus, the Court will consider these letters as supplemental briefing on the plaintiffs' September 6, 2013 Motion for Reconsideration of our August 23, 2013 Memorandum and Order, which denied the plaintiffs' motion to include trader-based claims in the Second Amended Class Action Complaint. If either side wants to submit further supplemental briefing, it may submit a memorandum not exceeding seven (7) pages in length. (Signed by Judge Naomi Reice Buchwald on 11/27/2013) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ama) (Entered: 11/27/2013)
ORDER: WHEREAS, on October 30, 2013 the Court of Appeals, acting sua sponte determined that it lacked jurisdiction over the bondholder and Schwab appeals and dismissed them, it is hereby ORDERED that the October 17, 2013 is withdrawn. (Signed by Judge Naomi Reice Buchwald on 10/31/2013) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ama) (Entered: 10/31/2013)
Withdrawn pursuant to Order filed 10/31/13, Doc. #492, 11 MD 2262 - RULE 54(b) CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum and Order dated October 17, 2013, there is no just reason for delay, pursuant to Fed. R. Civ. P. 54(b), final judgment is entered dismissing the first count of the over-the-counter plaintiffs' consolidated amended complaint for violation of section 1 of the Sherman Act, and denying leave to replead that claim in a proposed amended complaint for the reasons given in the March 29, 2013 and August 23, 2013 orders of this Court, and there is no just reason for delay, pursuant to Fed. R. Civ. P. 54(b), final judgment is entered dismissing the fourth count of the exchange based plaintiffs' amended consolidated class action complaint for violation of section 1 of the Sherman Act, and denying leave to replead that claim in a proposed amended complaint for the reasons given in the March 29, 2013 and August 23, 2013 orders of this Court. (Signed by Clerk of Court Ruby Krajick on 10/31/13) (Attachments: # 1 Notice of Right to Appeal)Filed In Associated Cases: 1:11-md-02262-NRB et al.(ml) Modified on 10/31/2013 (ml). Modified on 11/4/2013 (ml). (Entered: 10/31/2013)
MEMORANDUM AND ORDER: Pursuant to Fed. R. Civ. P. 54(b), final judgment is entered dismissing the first count of the over-the counter plaintiffs' consolidated amended complaint (Dkt. No. 130) for violation of section 1 of the Sherman Act, and denying leave to replead that claim in a proposed amended complaint (dkt. No. 334-1), for the reasons given in the March 29, 2013 and August 23, 2013 orders of this Court, and it is further ORDERED, pursuant to Fed. R. Civ. P. 54(b), final judgment is entered dismissing the fourth count of the exchange based plaintiffs' amended consolidated class action complaint (Dkt. No. 134) for violation of section 1 of the Sherman Act, and denying leave to replead that claim in a proposed amended complaint (Dkt. No. 332-1), for the reasons given in the March 29, 2013 and August 23, 2013 orders of this Court. (Signed by Judge Naomi Reice Buchwald on 10/17/2013) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ft) (Entered: 10/30/2013)
MEMORANDUM AND ORDER: The application for disclosure of documents that the defendants and their subsidiaries have produced to the CFTC and other governmental agencies related to U.S. dollar LIBOR is denied. (Signed by Judge Naomi Reice Buchwald on 10/17/2013) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ft) (Entered: 10/30/2013)
MEMO ENDORSEMENT on (476 in 1:11-md-02262-NRB) Notice of Withdrawal as Counsel filed by JPMorgan Chase Bank N.A., JPMorgan Chase & Co. ENDORSEMENT: So Ordered. (Signed by Judge Naomi Reice Buchwald on 10/28/2013) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ft) (Entered: 10/29/2013)
MEMORANDUM AND ORDER re: (431 in 1:11-md-02262-NRB) Letter filed by The Norinchukin Bank, Bank of America Corporation, Citibank, N.A., Royal Bank of Canada, UBS AG, HSBC Bank PLC, HBOS PLC, HSBC Holdings PLC, Portigon AG, Deutsche Bank AG, Bank of Tokyo-Mitsubishi UFJ Ltd., HBOS plc, JPMorgan Chase Bank N.A., HSBC Bank plc, Royal Bank of Scotland Group plc, Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., Barclays PLC, Lloyds Banking Group plc, HSBC Holdings plc, JPMorgan Chase & Co., Bank of America, N.A., HBOS Plc, Citigroup, Inc., Credit Suisse Group AG, Lloyds Banking Group PLC. This Memorandum and Order addresses the defendants' letter of September 27, 2013, which requests leave to move to dismiss the over-the-counter (OTC) plaintiffs' contract and unjust enrichment claims, and the OTC plaintiffs' response to that letter dated October 4, 2013. Defendants' request for leave to move to dismiss those claims is granted. After reviewing the letters from both sides, the Court requests that the parties address the following issues. First, please discuss the "conspiracy or concerted scheme[]" exception to the traditional requirement that, in order to have standing to sue a particular defendant under Fed. R. Civ. P. 23, the named plaintiff must have been injured by that defendant. Mahon v. Ticor Title Ins. Co., 683 F.3d 59,63 (2d Cir. 2012) (quoting La Mar v. H & B Novelty & Loan Co., 489 F.2d 461, 466 (9th Cir. 1973)). Second, assuming that the plaintiffs adequately pled the existence of a "concerted scheme" in setting LIBOR, is such a pleading sufficient for the plaintiffs to name all of the scheme's participants as defendants, even those who cannot be held liable under either an unjust enrichment or a breach of contract theory? The posing of these questions should not be interpreted as an indication that the Court regards the resolution of either as necessarily material, let alone dispositive. (Signed by Judge Naomi Reice Buchwald on 10/18/2013) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ft) (Entered: 10/21/2013)
MEMO ENDORSEMENT granting (466) Motion to Withdraw as Attorney in case 1:11-md-02262-NRB. ENDORSEMENT: Application granted. (Signed by Judge Naomi Reice Buchwald on 10/16/2013) Filed In Associated Cases: 1:11-md-02262-NRB et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) (Entered: 10/16/2013)
LETTER addressed to Judge Naomi Reice Buchwald from Christopher Lovell dated 10/16/13 re: Corrected copy of charts of U.S. dollar Libor submissions for the dates listed in Docket Number 439 at p. 4 in response to the Court's direction on October 8, 2013. Document filed by FTC Capital GMBH. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Lovell, Christopher) (Entered: 10/16/2013)
MEMO ENDORSEMENT granting (450) Motion to Withdraw as Attorney in case 1:11-md-02262-NRB; granting (55) Motion to Withdraw as Attorney in case 1:12-cv-01025-NRB; granting (42) Motion to Withdraw as Attorney in case 1:12-cv-05723-NRB; granting (50) Motion to Withdraw as Attorney in case 1:12-cv-05822-NRB; granting (43) Motion to Withdraw as Attorney in case 1:12-cv-06056-NRB; granting (51) Motion to Withdraw as Attorney in case 1:13-cv-00398-NRB; granting (42) Motion to Withdraw as Attorney in case 1:13-cv-00407-NRB; granting (40) Motion to Withdraw as Attorney in case 1:13-cv-00346-NRB; granting (43) Motion to Withdraw as Attorney in case 1:13-cv-00598-NRB; granting (33) Motion to Withdraw as Attorney in case 1:13-cv-00597-NRB; granting (31) Motion to Withdraw as Attorney in case 1:13-cv-00626-NRB; granting (32) Motion to Withdraw as Attorney in case 1:13-cv-00625-NRB; granting (22) Motion to Withdraw as Attorney in case 1:13-cv-01016-NRB; granting (47) Motion to Withdraw as Attorney in case 1:13-cv-01135-NRB; granting (23) Motion to Withdraw as Attorney in case 1:13-cv-01456-NRB; granting (85) Motion to Withdraw as Attorney in case 1:13-cv-02297-NRB; granting (37) Motion to Withdraw as Attorney in case 1:13-cv-02343-NRB; granting (31) Motion to Withdraw as Attorney in case 1:13-cv-03010-NRB; granting (32) Motion to Withdraw as Attorney in case 1:13-cv-03952-NRB; granting (19) Motion to Withdraw as Attorney in case 1:13-cv-05186-NRB; granting (21) Motion to Withdraw as Attorney in case 1:13-cv-05187-NRB; granting (14) Motion to Withdraw as Attorney in case 1:13-cv-05221-NRB; granting (22) Motion to Withdraw as Attorney in case 1:13-cv-05511-NRB; granting (14) Motion to Withdraw as Attorney in case 1:13-cv-05569-NRB; granting (14) Motion to Withdraw as Attorney in case 1:13-cv-06013-NRB; granting (14) Motion to Withdraw as Attorney in case 1:13-cv-06014-NRB; granting (14) Motion to Withdraw as Attorney in case 1:13-cv-06020-NRB; granting (53) Motion to Withdraw as Attorney in case 1:13-cv-07005-NRB. ENDORSEMENT: Motion granted. (Signed by Judge Naomi Reice Buchwald on 10/9/2013) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ft) (Entered: 10/11/2013)
MEMO ENDORSEMENT granting (449) Motion to Withdraw as Attorney in case 1:11-md-02262-NRB; granting (54) Motion to Withdraw as Attorney in case 1:12-cv-01025-NRB; granting (41) Motion to Withdraw as Attorney in case 1:12-cv-05723-NRB; granting (49) Motion to Withdraw as Attorney in case 1:12-cv-05822-NRB; granting (42) Motion to Withdraw as Attorney in case 1:12-cv-06056-NRB; granting (29) Motion to Withdraw as Attorney in case 1:12-cv-06693-NRB; granting (30) Motion to Withdraw as Attorney in case 1:12-cv-07461-NRB; granting (50) Motion to Withdraw as Attorney in case 1:13-cv-00398-NRB; granting (41) Motion to Withdraw as Attorney in case 1:13-cv-00407-NRB; granting (39) Motion to Withdraw as Attorney in case 1:13-cv-00346-NRB; granting (42) Motion to Withdraw as Attorney in case 1:13-cv-00598-NRB; granting (32) Motion to Withdraw as Attorney in case 1:13-cv-00597-NRB; granting (30) Motion to Withdraw as Attorney in case 1:13-cv-00626-NRB; granting (31) Motion to Withdraw as Attorney in case 1:13-cv-00625-NRB; granting (30) Motion to Withdraw as Attorney in case 1:13-cv-00627-NRB; granting (31) Motion to Withdraw as Attorney in case 1:13-cv-00667-NRB; granting (21) Motion to Withdraw as Attorney in case 1:13-cv-01016-NRB; granting (46) Motion to Withdraw as Attorney in case 1:13-cv-01135-NRB; granting (43) Motion to Withdraw as Attorney in case 1:13-cv-01198-NRB; granting (22) Motion to Withdraw as Attorney in case 1:13-cv-01456-NRB; granting (84) Motion to Withdraw as Attorney in case 1:13-cv-02297-NRB; granting (36) Motion to Withdraw as Attorney in case 1:13-cv-02343-NRB; granting (30) Motion to Withdraw as Attorney in case 1:13-cv-03010-NRB; granting (31) Motion to Withdraw as Attorney in case 1:13-cv-03952-NRB; granting (18) Motion to Withdraw as Attorney in case 1:13-cv-05186-NRB; granting (20) Motion to Withdraw as Attorney in case 1:13-cv-05187-NRB; granting (13) Motion to Withdraw as Attorney in case 1:13-cv-05221-NRB; granting (21) Motion to Withdraw as Attorney in case 1:13-cv-05511-NRB; granting (13) Motion to Withdraw as Attorney in case 1:13-cv-05569-NRB; granting (11) Motion to Withdraw as Attorney in case 1:13-cv-05616-NRB; granting (13) Motion to Withdraw as Attorney in case 1:13-cv-06013-NRB; granting (13) Motion to Withdraw as Attorney in case 1:13-cv-06014-NRB; granting (13) Motion to Withdraw as Attorney in case 1:13-cv-06020-NRB; granting (52) Motion to Withdraw as Attorney in case 1:13-cv-07005-NRB. ENDORSEMENT: Motion granted. (Signed by Judge Naomi Reice Buchwald on 10/9/2013) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ft) Modified on 10/11/2013 (ft). (Entered: 10/11/2013)
LETTER addressed to Judge Naomi Reice Buchwald from Christopher Lovell dated 10/11/13 re: Request for an extension until October 14, 2013. Document filed by FTC Capital GMBH.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Lovell, Christopher) (Entered: 10/11/2013)
MEMO ENDORSEMENT on re: (436 in 1:11-md-02262-NRB) Notice (Other) filed by JPMorgan Chase Bank N.A., JPMorgan Chase & Co. ENDORSEMENT: So ordered. (Signed by Judge Naomi Reice Buchwald on 10/10/2013) Filed In Associated Cases: 1:11-md-02262-NRB et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) (Entered: 10/11/2013)
LETTER addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated October 10, 2013 re: Partial Stay and Motion to Dismiss. Document filed by Mayor and City Council of Baltimore. (Attachments: # 1 Exhibit A)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 10/10/2013)
MEMORANDUM AND ORDER: This Memorandum and Order is addressed to applications pending before the Court. First, defendants' request for leave to file their Renewed Motion to Dismiss the Exchange-Based Plaintiffs' Period 2 CEA Claims is granted. Second, a decision on the permissible content of the Second Consolidated Amended Complaints is stayed until the resolution of the current motions addressed to the complaints. The operative complaints will then be denominated the Third Consolidated Amended Complaints. (Signed by Judge Naomi Reice Buchwald on 10/8/2013) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ft) (Entered: 10/09/2013)
MOTION for James B. Meadows to Withdraw as Attorney. Document filed by Barclays Bank plc, Barclays Bank PLC, Barclays Bank, PLC, Barclays Capital, Inc., Barclays PLC, BARCLAY'S BANK PLC, Barclays Bank Plc,, Barklays Bank Plc, Barclays Bank PLC, Barclays Bank Plc., Barclays Capital Inc., Barclays U.S. Funding LLC, Barclays Bank plc.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Meadows, James) (Entered: 10/08/2013)
MOTION for Alanna C. Rutherford to Withdraw as Attorney. Document filed by Barclays Bank plc, Barclays Bank PLC, Barclays Bank, PLC, Barclays Capital, Inc., Barclays PLC, BARCLAY'S BANK PLC, Barclays Bank Plc,, Barklays Bank Plc, Barclays Bank PLC, Barclays Bank Plc., Barclays Capital Inc., Barclays U.S. Funding LLC, Barclays Bank plc.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Rutherford, Alanna) (Entered: 10/08/2013)
LETTER addressed to Judge Naomi Reice Buchwald from Christopher Lovell dated October 4, 2013 re: Reply to Defendants' September 24, 2013 letter from Robert F. Wise to the Court. Document filed by FTC Capital GMBH.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Lovell, Christopher) (Entered: 10/04/2013)
LETTER addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated September 30, 2013 re: repleading antitrust claim. Document filed by Mayor and City Council of Baltimore. (Attachments: # 1 Exhibit A)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Ard, Seth) (Entered: 09/30/2013)
LETTER MOTION for Conference addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated September 18, 2013. Document filed by Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Ard, Seth) (Entered: 09/18/2013)
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1:11-md-02262-NRB, 389 in 1:11-md-02262-NRB, 389 in 1:11-md-02262-NRB, 389 in 1:11-md-02262-NRB, 389 in 1:11-md-02262-NRB, 389 in 1:11-md-02262-NRB, 389 in 1:11-md-02262-NRB, 389 in 1:11-md-02262-NRB, 389 in 1:11-md-02262-NRB, 389 in 1:11-md-02262-NRB, 389 in 1:11-md-02262-NRB, 389 in 1:11-md-02262-NRB, 389 in 1:11-md-02262-NRB, 389 in 1:11-md-02262-NRB, 389 in 1:11-md-02262-NRB, 389 in 1:11-md-02262-NRB, 389 in 1:11-md-02262-NRB, 389 in 1:11-md-02262-NRB, 389 in 1:11-md-02262-NRB, 389 in 1:11-md-02262-NRB, 389 in 1:11-md-02262-NRB, 389 in 1:11-md-02262-NRB, 389 in 1:11-md-02262-NRB, 389 in 1:11-md-02262-NRB, 389 in 1:11-md-02262-NRB, 389 in 1:11-md-02262-NRB, 389 in 1:11-md-02262-NRB, 389 in 1:11-md-02262-NRB, 389 in 1:11-md-02262-NRB, 389 in 1:11-md-02262-NRB, 389 in 1:11-md-02262-NRB, 389 in 1:11-md-02262-NRB) Order on Motion for Reconsideration, Order on Motion for Leave to File Document,, Order on Motion to Amend/Correct,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,, (43 in 1:12-cv-01025-NRB, 43 in 1:12-cv-01025-NRB) Order on Motion to Dismiss,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, (286 in 1:11-md-02262-NRB, 286 in 1:11-md-02262-NRB, 286 in 1:11-md-02262-NRB, 286 in 1:11-md-02262-NRB, 286 in 1:11-md-02262-NRB, 286 in 1:11-md-02262-NRB, 286 in 1:11-md-02262-NRB, 286 in 1:11-md-02262-NRB, 286 in 1:11-md-02262-NRB, 286 in 1:11-md-02262-NRB, 286 in 1:11-md-02262-NRB, 286 in 1:11-md-02262-NRB, 286 in 1:11-md-02262-NRB, 286 in 1:11-md-02262-NRB, 286 in 1:11-md-02262-NRB, 286 in 1:11-md-02262-NRB, 286 in 1:11-md-02262-NRB, 286 in 1:11-md-02262-NRB, 286 in 1:11-md-02262-NRB) Order on Motion to Dismiss,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,, (199 in 1:11-md-02262-NRB) Endorsed Letter,,,, (47 in 1:12-cv-01025-NRB) Order,,,,,,,,,,,,,,,,,,,. Document filed by Ellen Gelboim, Linda Zacher. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(Weinstein, David) (Entered: 09/17/2013)
FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF APPEAL from 43 Order on Motion to Dismiss, 47 Order. Document filed by Ellen Gelboim, Linda Zacher. Filing fee $ 455.00, receipt number 0208-8877902. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Weinstein, David) Modified on 9/17/2013 (nd). (Entered: 09/17/2013)
MEMORANDUM AND ORDER: For the reasons stated above, defendants' motions to dismiss are granted in part and denied in part. First, defendants motion to dismiss plaintiffs' federal antitrust claim is granted. Regardless of whether defendants' conduct constituted a violation of the antitrust law "antitrust injury." An antitrust injury is an injury that results from an anticompetitive aspect of defendants conduct. Here, although plaintiffs have alleged that defendants' conspired to suppress LIBOR over a nearly three-year-long period and that they were injured as a result, they have not alleged that their injury resulted from any harm to competition. The process by which banks submit LIBOR quotes to the BBA is not itself competitive, and plaintiffs have not alleged that defendants' conduct had an anticompetitive effect in any market in which defendants compete. Because plaintiffs have not alleged an antitrustinjury, their federal antitrust claim is dismissed. Second, defendants' motion to dismiss plaintiffs' commodities manipulation claims is granted in part and denied in part. Contrary to defendants' arguments, plaintiffs' claims do not involve an impermissible extraterritorial application of the CEA, and plaintiffs have adequately pleaded their claims. However, certain of plaintiffs' claims are time-barred because numerous articles published in April and May 2008 in prominent national publications placed plaintiffs on notice of their injury. Therefore, plaintiffs commodities manipulation claims based on contracts entered into between August 2007 and May 29, 2008, are time-barred. However, plaintiffs' claims based on contracts entered into between April 15, 2009, and May 2010 are not time-barred, and plaintiffs' claims based on contracts entered into between May 30, 2008, and April 14, 2009, may or may not be barred, though we will not dismiss them at this stage. Additionally, because the Barclays settlements broughtto light information that plaintiffs might not previously have been able to learn, we grant plaintiffs leave to move to amend their complaint to include allegations based on such information, provided that any such motion addresses the concerns raised herein and is accompanied by a proposed second amended complaint. Third, defendants' motion to dismiss plaintiffs' RICO claim is granted. For one, the PSLRA bars plaintiffs from bringing a RICO claim based on predicate acts that could have been the subject of a securities fraud action. Here, the predicate acts of mail and wire fraud underlying plaintiffs' RICO claim could have been the subject of a claim for securities fraud. Additionally, RICO applies only domestically, meaning that the alleged enterprise must be a domestic enterprise. However, the enterprise alleged by plaintiffs is based in England. For these reasons, plaintiffs RICO claim is dismissed. Finally, plaintiffs' state-law claims are all dismissed, some with prejudice and some without. Plaintiffs' Cartwright Act claim is dismissed with prejudice for lack of antitrust injury. The exchange-based plaintiffs' New York common law unjust enrichment claim is also dismissed with prejudice, as plaintiffs have not alleged any relationship between them and defendants. With regard to the remaining state-law claims, we decline to exercise supplemental jurisdiction and We recognize that it might be unexpected that we are dismissing a substantial portion of plaintiffs claims, given that several of the defendants here have already paid penalties to government regulatory agencies reaching into the billions of dollars. However, these results are not as incongruous as they might seem. Under the statutes invoked here, there are many requirements that private plaintiffs must satisfy, but which government agencies need not. The reason for these differing requirements is that the focuses of public enforcement and private enforcement, even of the same statutes, are not identical. The broad public interests behind the statutes invoked here, such as integrity of the markets and competition, are being addressed by ongoing governmental enforcement. While public enforcement is often supplemented by suits brought by private parties acting as "private attorneys general," those private actions which seek damages and attorneys fees must be examined closely to ensure that the plaintiffs who are suing are the ones properly entitled to recover and that the suit is, in fact, serving the public purposes of the laws being invoked. Therefore, although we are fully cognizant of the settlements that several of the defendants here have entered into with government regulators, we find that only some of the claims that plaintiffs have asserted may properly proceed. (Signed by Judge Naomi Reice Buchwald on 3/29/2013) (tro) Modified on 4/3/2013 (tro). (Entered: 04/02/2013)
MEMORANDUM AND ORDER granting in part and denying in part 25 Motion to Dismiss; terminating pursuant to instructions from Chambers; 32 Motion to Dismiss. For the reasons stated above, defendants motions to dismiss are granted in part and denied in part. First, defendants motion to dismiss plaintiffs federal antitrust claim is granted. Regardless of whether defendants conduct constituted a violation of the antitrust law "antitrust injury." An antitrust injury is an injury that results from an anticompetitive aspect of defendants conduct. Here, although plaintiffs have alleged that defendants conspired to suppress LIBOR over a nearly three-year-long period and that they were injured as a result, they have not alleged that their injury resulted from any harm to competition. The process by which banks submit LIBOR quotes to the BBA is not itself competitive, and plaintiffs have not alleged that defendants conduct had an anticompetitive effect in any market in which defendants compete. Because plaintiffs have not alleged an antitrustinjury, their federal antitrust claim is dismissed. Second, defendants' motion to dismiss plaintiffs' commodities manipulation claims is granted in part and denied in part. Contrary to defendants' arguments, plaintiffs' claims do not involve an impermissible extraterritorial application of the CEA, and plaintiffs have adequately pleaded their claims. However, certain of plaintiffs' claims are time-barred because numerous articles published in April and May 2008 in prominent national publications placed plaintiffs on notice of their injury. Therefore, plaintiffs commodities manipulation claims based on contracts entered into between August 2007 and May 29, 2008, are time-barred. However, plaintiffs claims based on contracts entered into between April 15, 2009, and May 2010 are not time-barred, and plaintiffs' claims based on contracts entered into between May 30, 2008, and April 14, 2009, may or may not be barred, though we will not dismiss them at this stage. Additionally, because the Barclays settlements broughtto light information that plaintiffs might not previously have been able to learn, we grant plaintiffs leave to move to amend their complaint to include allegations based on such information, provided that any such motion addresses the concerns raised herein and is accompanied by a proposed second amended complaint. Third, defendants' motion to dismiss plaintiffs' RICO claim is granted. For one, the PSLRA bars plaintiffs from bringing a RICO claim based on predicate acts that could have been the subject of a securities fraud action. Here, the predicate acts of mail and wire fraud underlying plaintiffs' RICO claim could have been the subject of a claim for securities fraud. Additionally, RICO applies only domestically, meaning that the alleged enterprise must be a domestic enterprise. However, the enterprise alleged by plaintiffs is based in England. For these reasons, plaintiffs RICO claim is dismissed. Finally, plaintiffs' state-law claims are all dismissed, some with prejudice and some without. Plaintiffs' Cartwright Act claim is dismissed with prejudice for lack of antitrust injury. The exchange-based plaintiffs' New York common law unjust enrichment claim is also dismissed with prejudice, as plaintiffs have not alleged any relationship between them and defendants. With regard to the remaining state-law claims, we decline to exercise supplemental jurisdiction and We recognize that it might be unexpected that we are dismissing a substantial portion of plaintiffs claims, given that several of the defendants here have already paid penalties to government regulatory agencies reaching into the billions of dollars. However, these results are not as incongruous as they might seem. Under the statutes invoked here, there are many requirements that private plaintiffs must satisfy, but which government agencies need not. The reason for these differing requirements is that the focuses of public enforcement and private enforcement, even of the same statutes, are not identical. The broad public interests behind the statutes invoked here, such as integrity of the markets and competition, are being addressed by ongoing governmental enforcement. While public enforcement is often supplemented by suits brought by private parties acting as "private attorneys general," those private actions which seek damages and attorneys fees must be examined closely to ensure that the plaintiffs who are suing are the ones properly entitled to recover and that the suit is, in fact, serving the public purposes of the laws being invoked. Therefore, although we are fully cognizant of the settlements that several of the defendants here have entered into with government regulators, we find that only some of the claims that plaintiffs have asserted may properly proceed. (Signed by Judge Naomi Reice Buchwald on 3/29/2013) (tro) Modified on 4/2/2013 (tro). (Entered: 03/29/2013)
DECLARATION of Robert F. Wise, Jr. in Support re: [25] MOTION to Dismiss the Amended Complaints.. Document filed by Bank of America Corporation, Bank of Tokyo-Mitsubishi UFJ, Citibank NA, Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., Credit Suisse Group AG, Deutsche Bank AG, HSBC Bank PLC, HSBC Holdings plc., J.P. Morgan Chase & Co., JPMorgan Chase Bank, National Association, Lloyds Banking Group plc, Royal Bank of Canada, Royal Bank of Scotland Group plc, The Norinchukin Bank, WestLB AG. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Wise, Robert)
SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: [25] MOTION to Dismiss the Amended Complaints.. Document filed by Bank of Tokyo-Mitsubishi UFJ, Credit Suisse Group AG. (Washer, Herbert)
REPLY MEMORANDUM OF LAW in Support re: [25] MOTION to Dismiss the Amended Complaints. of Plaintiffs' Antitrust Claims. Document filed by Bank of America Corporation, Bank of Tokyo-Mitsubishi UFJ, Citibank NA, Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., Credit Suisse Group AG, Deutsche Bank AG, HSBC Bank PLC, HSBC Holdings plc., J.P. Morgan Chase & Co., JPMorgan Chase Bank, National Association, Lloyds Banking Group plc, Royal Bank of Canada, Royal Bank of Scotland Group plc, The Norinchukin Bank, WestLB AG. (Wise, Robert)
PRETRIAL ORDER NO. 2: Consolidation and Coordination of Bondholder Plaintiff Actions I. Ellen Gelboim and Linda Zacher v. Credit Suisse Group AG, et al, Case No. 12 CV 1025 (NRB), is designated as the lead action for all class actions brought on behalf of holders of LIB OR-based debt securities not issued by any Defendant ("Bondholder Plaintiff Action") that may hereafter be filed in or transferred to the Court as related to In re LiBOR-Based Financial Instruments Antitrust Litigation, MDL No. 2262. (Signed by Judge Naomi Reice Buchwald on 8/14/2012) (djc)
MEMORANDUM AND ORDER: Accordingly, we reverse our previous consolidation order pursuant to Rule 42(a) and instead consolidate the class action complaints pending in the MDL for pretrial purposes only. (Signed by Judge Naomi Reice Buchwald on 7/18/2012) Filed In Associated Cases: 1:11-md-02262-NRB et al.(lmb)
STIPULATION AS TO ACCEPTANCE OF SERVICE AND RESERVATION OF RIGHTS: Subject to the reservation of rights set forth in paragraph 2 below, each of the Defendants hereby accepts service of process in the following actions to the extent the Defendant is named as a defendant in the complaints, including the amended complaints filed on April 30, 2012. Additional relief as set forth in this Order. (Signed by Judge Naomi Reice Buchwald on 7/5/2012) Filed In Associated Cases: 1:11-md-02262-NRB et al.(pl)
DECLARATION of Lawrence J. Zweifach in Support re: (32 in 1:12-cv-01025-NRB, 18 in 1:11-cv-07676-NRB, 178 in 1:11-md-02262-NRB, 121 in 1:11-cv-06411-NRB, 58 in 1:11-cv-05450-NRB, 127 in 1:11-cv-06412-NRB, 117 in 1:11-cv-06409-NRB) MOTION to Dismiss.. Document filed by UBS AG, UBS AG. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Zweifach, Lawrence)
MEMORANDUM OF LAW in Support re: (58 in 1:11-cv-05450-NRB, 127 in 1:11-cv-06412-NRB, 117 in 1:11-cv-06409-NRB, 32 in 1:12-cv-01025-NRB, 18 in 1:11-cv-07676-NRB, 178 in 1:11-md-02262-NRB, 121 in 1:11-cv-06411-NRB) MOTION to Dismiss.. Document filed by UBS AG, UBS AG. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Sullivan, Peter)
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: [25] MOTION to Dismiss the Amended Complaints.. Document filed by Credit Suisse Group AG. (Washer, Herbert)
DECLARATION of Christopher M. Viapiano in Support re: (112 in 1:11-cv-06411-NRB, 25 in 1:12-cv-01025-NRB, 165 in 1:11-md-02262-NRB, 108 in 1:11-cv-06409-NRB, 89 in 1:11-cv-02613-NRB, 118 in 1:11-cv-06412-NRB, 51 in 1:11-cv-05450-NRB) MOTION to Dismiss the Amended Complaints.. Document filed by Bank of Tokyo-Mitsubishi UFJ Ltd. (Attachments: # (1) Exhibit No. 1, # (2) Exhibit No. 2)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Libow, Daryl)
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: (112 in 1:11-cv-06411-NRB, 25 in 1:12-cv-01025-NRB, 165 in 1:11-md-02262-NRB, 108 in 1:11-cv-06409-NRB, 89 in 1:11-cv-02613-NRB, 118 in 1:11-cv-06412-NRB, 51 in 1:11-cv-05450-NRB) MOTION to Dismiss the Amended Complaints.. Document filed by Bank of Tokyo-Mitsubishi UFJ Ltd. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Libow, Daryl)
DECLARATION of Robert F. Wise, Jr. in Support re: (165 in 1:11-md-02262-NRB, 89 in 1:11-cv-02613-NRB, 118 in 1:11-cv-06412-NRB, 51 in 1:11-cv-05450-NRB, 112 in 1:11-cv-06411-NRB, 25 in 1:12-cv-01025-NRB, 108 in 1:11-cv-06409-NRB) MOTION to Dismiss the Amended Complaints.. Document filed by Bank of America Corporation, Bank of Tokyo-Mitsubishi UFJ Ltd, Citibank NA, Credit Suisse Group AG, Deutsche Bank AG, HSBC Holdings plc., J.P. Morgan Chase & Co., Lloyds Banking Group plc, Royal Bank of Canada, Royal Bank of Scotland Group plc, The Norinchukin Bank, WestLB AG, Bank of America Corporation, Bank of Tokyo-Mitsubishi UFJ, Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., HSBC Bank PLC, J.P. Morgan Chase & Co., JPMorgan Chase Bank, National Association, Bank of America Corporation, Deutsche Bank AG, HBOS PLC, HSBC Holdings plc, J.P. Morgan Chase & Co., Royal Bank of Scotland Group plc, Bank of America Corporation, Bank of America, N.A., Citigroup Inc, Bank of America Corporation, Bank of America, N.A., Citibank, N.A., Citigroup, Inc., J.P. Morgan Chase & Co., JPMorgan Chase Bank National Association, Royal Bank of Scotland Group plc, CitiGroup Inc., Citibank, N.A., Cooperatieve Centrale Raiffeisen-Boerenleen Bank B.A., JP Morgan Chase & Co., JPMorgan Chase Bank, N.A., The Royal Bank of Scotland Group plc, Royal Bank of Canada. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Wise, Robert)
MEMORANDUM OF LAW in Support re: (112 in 1:11-cv-06411-NRB, 25 in 1:12-cv-01025-NRB, 165 in 1:11-md-02262-NRB, 108 in 1:11-cv-06409-NRB, 89 in 1:11-cv-02613-NRB, 118 in 1:11-cv-06412-NRB, 51 in 1:11-cv-05450-NRB) MOTION to Dismiss the Amended Complaints.. Document filed by Bank of America Corporation, Bank of Tokyo-Mitsubishi UFJ Ltd, Citibank NA, Credit Suisse Group AG, Deutsche Bank AG, HSBC Holdings plc., J.P. Morgan Chase & Co., Lloyds Banking Group plc, Royal Bank of Canada, Royal Bank of Scotland Group plc, The Norinchukin Bank, WestLB AG, Bank of America Corporation, Bank of Tokyo-Mitsubishi UFJ, Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., HSBC Bank PLC, J.P. Morgan Chase & Co., JPMorgan Chase Bank, National Association, Bank of America Corporation, Deutsche Bank AG, HBOS PLC, HSBC Holdings plc, J.P. Morgan Chase & Co., Royal Bank of Scotland Group plc, Bank of America Corporation, Bank of America, N.A., Citigroup Inc, Bank of America Corporation, Bank of America, N.A., Citibank, N.A., Citigroup, Inc., J.P. Morgan Chase & Co., JPMorgan Chase Bank National Association, Royal Bank of Scotland Group plc, CitiGroup Inc., Citibank, N.A., Cooperatieve Centrale Raiffeisen-Boerenleen Bank B.A., JP Morgan Chase & Co., JPMorgan Chase Bank, N.A., The Royal Bank of Scotland Group plc, Royal Bank of Canada. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Wise, Robert)
MOTION to Dismiss the Amended Complaints. Document filed by Bank of America Corporation, Bank of Tokyo-Mitsubishi UFJ Ltd, Citibank NA, Credit Suisse Group AG, Deutsche Bank AG, HSBC Holdings plc., J.P. Morgan Chase & Co., Lloyds Banking Group plc, Royal Bank of Canada, Royal Bank of Scotland Group plc, The Norinchukin Bank, WestLB AG, Bank of America Corporation, Bank of Tokyo-Mitsubishi UFJ, Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., HSBC Bank PLC, J.P. Morgan Chase & Co., JPMorgan Chase Bank, National Association, Bank of America Corporation, Deutsche Bank AG, HBOS PLC, HSBC Holdings plc, J.P. Morgan Chase & Co., Royal Bank of Scotland Group plc, Bank of America Corporation, Bank of America, N.A., Citigroup Inc, Bank of America Corporation, Bank of America, N.A., Citibank, N.A., Citigroup, Inc., J.P. Morgan Chase & Co., JPMorgan Chase Bank National Association, Royal Bank of Scotland Group plc, CitiGroup Inc., Citibank, N.A., Cooperatieve Centrale Raiffeisen-Boerenleen Bank B.A., JP Morgan Chase & Co., JPMorgan Chase Bank, N.A., Royal Bank of Canada.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Wise, Robert)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate BANA Holding Corporation, Other Affiliate BAC North America Holding Company, Other Affiliate NB Holdings Corporation for Bank of America Corporation, Bank of America Corporation, Bank of America Corporation, Bank of America Corporation, Bank of America Corporation, Bank of America Corporation, Bank of America Corporation, Bank of America, N.A., Bank of America, N.A., Bank of America, N.A., Bank of America, N.A.. Document filed by Bank of America Corporation, Bank of America Corporation, Bank of America Corporation, Bank of America Corporation, Bank of America, N.A., Bank of America Corporation, Bank of America, N.A..Filed In Associated Cases: 1:11-md-02262-NRB et al.(Wise, Robert)
FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by HSBC Holdings plc.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Casamento, Gregory)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Royal Bank of Scotland Group plc.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Houck, Robert)
NOTICE OF APPEARANCE by Melanie Westover on behalf of Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Westover, Melanie)
NOTICE OF APPEARANCE by Sean Miles Murphy on behalf of Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Murphy, Sean)
NOTICE OF APPEARANCE by David Robert Gelfand on behalf of Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Gelfand, David)
NOTICE of of Withdrawal of Counsel re: (12 in 1:11-cv-04736-NRB) Notice (Other). Document filed by Ravan Investments, LLC. (Attachments: # (1) Certificate of Service)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Nussbaum, Linda)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Cooperative Centrale Raiffeisen-Boerenleenbank B.A..Filed In Associated Cases: 1:11-md-02262-NRB et al.(Gelfand, David)
ORDER VACATING DESIGNATION OF CASE FOR INCLUSION IN PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES: WHEREAS, the cases listed in Attachment A were previously designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the "Pilot Project"), it is hereby ORDERED that designation is hereby vacated, and the Clerk of Court shall remove the COMPLEX-CSMGMT flag. (Signed by Judge Naomi Reice Buchwald on 5/9/2012) (mro)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Mitsubishi UFJ Financial Group, Inc. for Bank of Tokyo-Mitsubishi UFJ, Bank of Tokyo-Mitsubishi UFJ Ltd, Bank of Tokyo-Mitsubishi UFJ Ltd. Document filed by Bank of Tokyo-Mitsubishi UFJ Ltd, Bank of Tokyo-Mitsubishi UFJ.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Viapiano, Christopher)
NOTICE OF APPEARANCE by Christopher Michael Viapiano on behalf of Bank of Tokyo-Mitsubishi UFJ Ltd, Bank of Tokyo-Mitsubishi UFJ Filed In Associated Cases: 1:11-md-02262-NRB et al.(Viapiano, Christopher)
NOTICE OF APPEARANCE by Daryl Andrew Libow on behalf of Bank of Tokyo-Mitsubishi UFJ Ltd, Bank of Tokyo-Mitsubishi UFJ Filed In Associated Cases: 1:11-md-02262-NRB et al.(Libow, Daryl)
FIRST AMENDED COMPLAINT amending [1] Complaint, against Bank of America Corporation, Bank of Tokyo-Mitsubishi UFJ, Barclays Bank PLC, Citibank NA, Credit Suisse Group AG, Deutsche Bank AG, HSBC Holdings plc., J.P. Morgan Chase & Co., Lloyds Banking Group plc, Royal Bank of Canada, Royal Bank of Scotland Group plc, The Norinchukin Bank, UBS AG, WestLB AG, JPMorgan Chase Bank, National Association, HSBC Bank PLC, WestDeutsche Immobilienbank AG, Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A. with JURY DEMAND.Document filed by Ellen Gelboim, Linda Zacher. Related document: [1] Complaint, filed by Ellen Gelboim.***Original document is filed in case number 11-md-2262, document #131.(mro) (ama).
ORDER FOR ADMISSION PRO HAV VICE granting [4] Motion for Jeremy S. Spiegel to Appear Pro Hac Vice. Jeremy S. Spiegel is admitted to practice Pro Hac Vice in this case in the United States District Court for the Southern District of New York. (Signed by Judge Naomi Reice Buchwald on 3/1/2012) (ft)
ORDER FOR ADMISSION PRO HAC VICE granting [3] Motion for David H. Weinstein to Appear Pro Hac Vice. David H. Weinstein is admitted to practice Pro Hac Vice in this case in the United States District Court for the Southern District of New York. (Signed by Judge Naomi Reice Buchwald on 3/1/2012) (ft)
ORDER FOR ADMISSION PRO HAC VICE granting [5] Motion for Patrick F. Morris to Appear Pro Hac Vice. Patrick F. Morris is admitted to practice Pro Hac Vice in this case in the United States District Court for the Southern District of New York. (Signed by Judge Naomi Reice Buchwald on 3/1/2012) (ft)
ORDER FOR ADMISSION PRO HAC VICE granting [2] Motion for Robert S. Kitchenoff to Appear Pro Hac Vice. Robert S. Kitchenoff is admitted to practice Pro Hac Vice in this case in the United States District Court for the Southern District of New York. (Signed by Judge Naomi Reice Buchwald on 3/1/2012) (ft)
STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (rdz)
COMPLAINT against Bank of America Corporation, Bank of Tokyo-Mitsubishi UFJ, Barclays Bank PLC, Citibank NA, Credit Suisse Group AG, Deutsche Bank AG, HSBC Holdings plc., J.P. Morgan Chase & Co., Lloyds Banking Group plc, Rabobank Group, Royal Bank of Canada, Royal Bank of Scotland Group plc, Societe Generale, The Norinchukin Bank, UBS AG, WestLB AG. (Filing Fee $ 350.00, Receipt Number 465401029250)Document filed by Ellen Gelboim.(rdz)
Filed: None, Entered: None
Case Designated ECF.
Case Designated ECF. (rdz)
Filed: None, Entered: None
Case Referred as Possibly Related/Similar
CASE REFERRED TO Judge Naomi Reice Buchwald as possibly related to 11-md-2262. (rdz)
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