IN RE TREMONT SECURITIES LAW, STATE LAW AND INSURANCE LITIGATION

Federal Civil Lawsuit New York Southern District Court, Case No. 1:08-cv-11117
District Judge Thomas P. Griesa, presiding
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District Judge Thomas P. Griesa
Last Updated October 9, 2024 at 1:32 PM EDT (9.1 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Arthur C. Lange, Plaintiff

Represented by Entwistle and Cappucci LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Robert N. Cappucci +1 212 894 7200 +1 212 894 7272 rcappucci@entwistle-law.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Andrew J Entwistle +1 212 894 7200 +1 212 894 7272 aentwistle@entwistle-law.com
TERMINATED: 03/16/2011, LEAD ATTORNEY, PRO HAC VICE Richard William Gonnello +1 212 894 7219 +1 212 894 7272 rgonnello@entwistle-law.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Stephen David Oestreich +1 212 894 7200 +1 212 894 7272 soestreich@entwistle-law.com
No Logo Arthur E. Lange, Plaintiff

Represented by Entwistle and Cappucci LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Robert N. Cappucci +1 212 894 7200 +1 212 894 7272 rcappucci@entwistle-law.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Andrew J Entwistle +1 212 894 7200 +1 212 894 7272 aentwistle@entwistle-law.com
TERMINATED: 03/16/2011, LEAD ATTORNEY, PRO HAC VICE Richard William Gonnello +1 212 894 7219 +1 212 894 7272 rgonnello@entwistle-law.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Stephen David Oestreich +1 212 894 7200 +1 212 894 7272 soestreich@entwistle-law.com
No Logo Arthur E. Lange Revocable Trust, Plaintiff

Represented by Entwistle and Cappucci LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Andrew J Entwistle +1 212 894 7200 +1 212 894 7272 aentwistle@entwistle-law.com
No Logo Daniel Jackson, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Christopher Lometti +1 219 964 0046

Represented by Entwistle and Cappucci LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Andrew J Entwistle +1 212 894 7200 +1 212 894 7272 aentwistle@entwistle-law.com

Represented by Schoengold Sporn Laitman & Lometti, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Joel Paul Laitman +1 212 964 0046 +1 212 267 8137 jplaitman@aol.com
No Logo Eastham Capital Appreciation Fund LP, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Steve W. Berman +206623 729 2fx0594 +1 206 623 0594

Represented by Entwistle and Cappucci LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Andrew J Entwistle +1 212 894 7200 +1 212 894 7272 aentwistle@entwistle-law.com
No Logo Family Swimmers Limited Partnership, Plaintiff

Represented by Berman DeValerio, LLP

Name Phone Fax E-Mail
Space Patrick Thomas Egan +1 617 542 8300 +1 617 542 1194 pegan@bermandevalerio.com
No Logo John, Dennis, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Steve W. Berman +206623 729 2fx0594 +1 206 623 0594

Represented by Entwistle and Cappucci LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Andrew J Entwistle +1 212 894 7200 +1 212 894 7272 aentwistle@entwistle-law.com
No Logo John F. Keane, Jr., Plaintiff

Pro Se

Name Phone Fax E-Mail
Space John F. Keane, Jr.
No Logo Laborers Local 17 Pension Plan, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Steve W. Berman +206623 729 2fx0594 +1 206 623 0594
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Christopher Lometti +1 219 964 0046

Represented by Entwistle and Cappucci LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Andrew J Entwistle +1 212 894 7200 +1 212 894 7272 aentwistle@entwistle-law.com

Represented by Schoengold Sporn Laitman & Lometti, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Joel Paul Laitman +1 212 964 0046 +1 212 267 8137 jplaitman@aol.com
No Logo Lawrence J. Rothschild, Plaintiff

Represented by Berman DeValerio, LLP

Name Phone Fax E-Mail
Space Patrick Thomas Egan +1 617 542 8300 +1 617 542 1194 pegan@bermandevalerio.com
No Logo Neal J. Polan, Plaintiff

Represented by Entwistle and Cappucci LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Andrew J Entwistle +1 212 894 7200 +1 212 894 7272 aentwistle@entwistle-law.com
No Logo NPV Positive Corp., Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Steve W. Berman +206623 729 2fx0594 +1 206 623 0594

Represented by Entwistle and Cappucci LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Andrew J Entwistle +1 212 894 7200 +1 212 894 7272 aentwistle@entwistle-law.com
No Logo The Geoffrey Rabie Credit Shelter Trust, Plaintiff

Represented by Horwitz Horwitz & Paradis

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Edward Y. Kroub +1 212 404 2222 +1 212 404 2226 ekroub@hhplawny.com

Represented by Robbins Geller Rudman & Dowd LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED David Avi Rosenfeld +1 631 367 7100 +1 631 367 1173 drosenfeld@rgrdlaw.com

Represented by Wolf Haldenstein Adler Freeman & Herz, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Demet Basar +1 212 545 4664 +1 212 545 4677 basar@whafh.com
No Logo The Joanne Brenda Rabie Credit Shelter Trust, Plaintiff

Represented by Horwitz Horwitz & Paradis

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Edward Y. Kroub +1 212 404 2222 +1 212 404 2226 ekroub@hhplawny.com

Represented by Robbins Geller Rudman & Dowd LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED David Avi Rosenfeld +1 631 367 7100 +1 631 367 1173 drosenfeld@rgrdlaw.com

Represented by Wolf Haldenstein Adler Freeman & Herz, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Demet Basar +1 212 545 4664 +1 212 545 4677 basar@whafh.com
No Logo Yale M. Fishman 1998 Insurance Trust, Plaintiff

Represented by Robbins Geller Rudman & Dowd LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED David Avi Rosenfeld +1 631 367 7100 +1 631 367 1173 drosenfeld@rgrdlaw.com
v.
No Logo Austin Capital Management GP Corporation, Defendant

Represented by Jones Day Reavis & Pogue

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Richard Joseph Bedell, Jr. +1 216 586 3939 +1 216 579 0212 rjbedell@jonesday.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Harold Keith Gordon +1 212 326 3939 +1 212 755 7306 hkgordon@jonesday.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Geoffrey J. Ritts +1 216 586 7065 +1 216 579 0212 gjritts@jonesday.com
No Logo Austin Capital Management Limited, Defendant

Represented by Jones Day Reavis & Pogue

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Richard Joseph Bedell, Jr. +1 216 586 3939 +1 216 579 0212 rjbedell@jonesday.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Harold Keith Gordon +1 212 326 3939 +1 212 755 7306 hkgordon@jonesday.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Geoffrey J. Ritts +1 216 586 7065 +1 216 579 0212 gjritts@jonesday.com
No Logo Austin Capital Management Ltd., Defendant

Represented by Jones Day Reavis & Pogue

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Richard Joseph Bedell, Jr. +1 216 586 3939 +1 216 579 0212 rjbedell@jonesday.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Geoffrey J. Ritts +1 216 586 7065 +1 216 579 0212 gjritts@jonesday.com
Bank of New York Mellon Corporation Bank of New York Mellon Corporation, Defendant

Represented by Cleary Gottlieb Steen & Hamilton LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jeffrey A. Rosenthal +1 212 225 2000 +1 212 225 3499 jrosenthal@cgsh.com
Ernst & Young, LLP Ernst & Young, LLP, Defendant
Officially listed as "Ernst & Young"
No Logo FutureSelect Portfolio Management, Inc., Defendant

Represented by Sidley Austin LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Nicholas Lagemann +1 212 839 5300 +1 212 839 5599 nlagemann@sidley.com

Represented by Thomas, Alexander & Forrester, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Emily Sinclair Alexander +1 310 961 2536 +1 310 526 6852 emilyalexander@tafattorneys.com
No Logo Gary Busel, Defendant

Represented by Schlam Stone & Dolan LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Richard Henry Dolan +1 212 344 5400 +1 212 344 7677 rhd@schlamstone.com

Represented by Sparer Law Group

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Alan William Sparer +1 415 217 7300 +1 415 217 7307 asparer@sparerlaw.com
No Logo Harry Hodges, Defendant

Represented by Skadden Arps Slate Meagher & Flom LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Seth M. Schwartz +1 212 735 2032 +1 917 777 2032 seth.schwartz@skadden.com
No Logo Jim Mitchell, Defendant

Represented by Skadden Arps Slate Meagher & Flom LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Seth M. Schwartz +1 212 735 2032 +1 917 777 2032 seth.schwartz@skadden.com
No Logo Kpmg, Defendant

Represented by Sidley Austin LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Gregory Gil Ballard +1 212 839 5662 +1 212 839 5599 gballard@sidley.com
No Logo Massachusetts Mutual Life Insurance Company, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Mitchell H. Kaplan +1 617 227 5020

Represented by Bingham McCutchen LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Frances S Cohen +1 617 951 8872 +1 617 951 8736 frances.cohen@bingham.com
PRO HAC VICE, ATTORNEY TO BE NOTICED Joseph L. Kociubes +1 617 951 8000 +1 617 951 8736 joe.kociubes@bingham.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Kenneth Ian Schacter +1 212 705 7487 +1 212 752 5378 kenneth.schacter@bingham.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Timothy John Stephens +1 212 705 7000 timothy.stephens@bingham.com

Represented by Choate Hall & Stewart, LLP

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED E. Macey Russell +1 617 248 5000 +1 617 248 4000 mrussell@choate.com
No Logo MassMutual Holding LLC, Defendant

Represented by Bingham McCutchen LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Timothy John Stephens +1 212 705 7000 timothy.stephens@bingham.com
No Logo New York Life Insurance and Annuity Corporation, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
TERMINATED: 01/31/2011, ATTORNEY TO BE NOTICED Thomas John Finn +1 520 794 7980

Represented by Pillsbury Winthrop Shaw Pittman LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Maria T Galeno +1 212 858 1000 +1 212 858 1500 maria.galeno@pillsburylaw.com
ATTORNEY TO BE NOTICED Gregory Thomas Lembrich +1 212 858 1551 +1 917 546 2439 greg.lembrich@pillsburylaw.com
ATTORNEY TO BE NOTICED Kenneth William Taber +1 212 858 1000 +1 212 298 8405 kenneth.taber@pillsburylaw.com
No Logo New York Life Insurance Company, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
TERMINATED: 01/31/2011, ATTORNEY TO BE NOTICED Thomas John Finn +1 520 794 7980

Represented by Pillsbury Winthrop Shaw Pittman LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Maria T Galeno +1 212 858 1000 +1 212 858 1500 maria.galeno@pillsburylaw.com
ATTORNEY TO BE NOTICED Gregory Thomas Lembrich +1 212 858 1551 +1 917 546 2439 greg.lembrich@pillsburylaw.com
ATTORNEY TO BE NOTICED Kenneth William Taber +1 212 858 1000 +1 212 298 8405 kenneth.taber@pillsburylaw.com
No Logo Oppenheimer Acquisition Corp., Defendant
Officially listed as "Oppenheimer Acquisition Corporation"

Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Robert Warren Topp +1 212 891 9301 +1 212 891 9598 rtoppr@gmail.com
No Logo Oppenheimerfunds, Inc., Defendant
No Logo Robert Schulman, Defendant

Represented by Skadden Arps Slate Meagher & Flom LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Seth M. Schwartz +1 212 735 2032 +1 917 777 2032 seth.schwartz@skadden.com
No Logo Ron Ward, Defendant

Represented by Sidley Austin LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Nicholas Lagemann +1 212 839 5300 +1 212 839 5599 nlagemann@sidley.com
No Logo Ronald Pearson, Defendant

Represented by Schlam Stone & Dolan LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Richard Henry Dolan +1 212 344 5400 +1 212 344 7677 rhd@schlamstone.com

Represented by Sparer Law Group

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Alan William Sparer +1 415 217 7300 +1 415 217 7307 asparer@sparerlaw.com
No Logo Rupert Allan, Defendant

Represented by Skadden Arps Slate Meagher & Flom LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Seth M. Schwartz +1 212 735 2032 +1 917 777 2032 seth.schwartz@skadden.com
No Logo Rye Investment Management, Defendant

Represented by Skadden Arps Slate Meagher & Flom LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Seth M. Schwartz +1 212 735 2032 +1 917 777 2032 seth.schwartz@skadden.com
No Logo Rye Select Broad Market Fund, Defendant

Represented by Tannenbaum Helpern Syracuse & Hirschtritt LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Ralph A. Siciliano +1 212 508 6718 +1 212 371 1084 siciliano@thshlaw.com
No Logo Rye Select Broad Market Fund, L.P., Defendant

Represented by Tannenbaum Helpern Syracuse & Hirschtritt LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED David Jeffrey Kanfer +1 212 508 6700 +1 646 390 6946 kanfer@thshlaw.com
TERMINATED: 08/18/2009, LEAD ATTORNEY Alex Gregg Patchen +1 212 508 6792 +1 212 858 5713 patchen@thshlaw.com
No Logo Rye Select Broad Market Prime Fund, Defendant

Represented by Tannenbaum Helpern Syracuse & Hirschtritt LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Ralph A. Siciliano +1 212 508 6718 +1 212 371 1084 siciliano@thshlaw.com
No Logo Rye Select Broad Market Prime Fund, L.P., Defendant

Represented by Tannenbaum Helpern Syracuse & Hirschtritt LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED David Jeffrey Kanfer +1 212 508 6700 +1 646 390 6946 kanfer@thshlaw.com
TERMINATED: 08/18/2009, LEAD ATTORNEY Alex Gregg Patchen +1 212 508 6792 +1 212 858 5713 patchen@thshlaw.com
No Logo Sandra L. Manzke, Defendant

Represented by Kobre & Kim LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael Sangyun Kim +1 212 586 9151 +1 212 586 9600 michael.kim@kobrekim.com
No Logo Select Spectrum Partners LLC, Defendant

Represented by Schlam Stone & Dolan LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Richard Henry Dolan +1 212 344 5400 +1 212 344 7677 rhd@schlamstone.com

Represented by Sparer Law Group

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Alan William Sparer +1 415 217 7300 +1 415 217 7307 asparer@sparerlaw.com
No Logo SS&C Fund Services, Defendant

Represented by Nixon Peabody LLP

Name Phone Fax E-Mail
LEAD ATTORNEY Santo Borruso +1 516 832 7506 +1 516 832 7555 sborruso@nixonpeabody.com
LEAD ATTORNEY Thomas Michael Mealiffe +1 516 832 7500 +1 516 832 7555 tmealiffe@nixonpeabody.com
LEAD ATTORNEY Joseph John Ortego +1 516 832 7564 +1 866 947 2079 jortego@nixonpeabody.com
LEAD ATTORNEY James William Weller +1 516 832 7500 +1 866 947 2089 jweller@nixonpeabody.com
No Logo SS&C Technologies Holdings, Inc., Defendant

Represented by Nixon Peabody LLP

Name Phone Fax E-Mail
TERMINATED: 09/11/2009, LEAD ATTORNEY Santo Borruso +1 516 832 7506 +1 516 832 7555 sborruso@nixonpeabody.com
TERMINATED: 09/11/2009, LEAD ATTORNEY Thomas Michael Mealiffe +1 516 832 7500 +1 516 832 7555 tmealiffe@nixonpeabody.com
TERMINATED: 09/11/2009, LEAD ATTORNEY Joseph John Ortego +1 516 832 7564 +1 866 947 2079 jortego@nixonpeabody.com
TERMINATED: 09/11/2009, LEAD ATTORNEY James William Weller +1 516 832 7500 +1 866 947 2089 jweller@nixonpeabody.com
No Logo Tremont (bermuda) Ltd., Defendant

Represented by Skadden Arps Slate Meagher & Flom LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Seth M. Schwartz +1 212 735 2032 +1 917 777 2032 seth.schwartz@skadden.com
No Logo Tremont Capital Management, Inc., Defendant

Represented by Skadden Arps Slate Meagher & Flom LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Seth M. Schwartz +1 212 735 2032 +1 917 777 2032 seth.schwartz@skadden.com
No Logo Tremont Group Holdings, Inc., Defendant

Represented by Skadden Arps Slate Meagher & Flom LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Seth M. Schwartz +1 212 735 2032 +1 917 777 2032 seth.schwartz@skadden.com
No Logo Tremont Market Neutral Fund, Defendant

Represented by Tannenbaum Helpern Syracuse & Hirschtritt LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Ralph A. Siciliano +1 212 508 6718 +1 212 371 1084 siciliano@thshlaw.com
No Logo Tremont Partners, Inc., Defendant

Represented by Skadden Arps Slate Meagher & Flom LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Seth M. Schwartz +1 212 735 2032 +1 917 777 2032 seth.schwartz@skadden.com
Other Parties
No Logo 2005 Tomchin Family Charitable Trust, Intervenor

Represented by Pomerantz LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Jason Samuel Cowart +1 212 661 1100 +1 212 661 8665 jscowart@pomlaw.com
No Logo ABN AMRO Bank (Ireland) Ltd., Objector

Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Christopher R. Harris +1 212 906 1200 +1 212 751 4864

Represented by Latham & Watkins LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Cameron Alexander Smith +1 212 751 4864 cameron.smith@lw.com
No Logo Collins Capital Investments LLC, Objector
No Logo Edward L White PC, Objector
Officially listed as "Edward L White"

Represented by Rozwood & Company APC

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Kevin M. Harr +1 323 877 6490 +1 323 370 6800 kharr@rozcolaw.com
HSBC Bank PLC HSBC Bank PLC, Objector

Represented by Cleary Gottlieb Steen & Hamilton LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED David E. Brodsky +1 212 225 2432 +1 212 225 3999
HSBC USA, Inc. HSBC USA, Inc., Objector

Represented by Cleary Gottlieb Steen & Hamilton LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED David E. Brodsky +1 212 225 2432 +1 212 225 3999
No Logo Madelyn Haines, Objector

Represented by Unknown Firm

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Vincent T. Gresham +1 404 281 2762 +1 866 618 3846 gresham05@comcast.net
No Logo Spectrum Equities, L.P., Objector

Represented by Faegre Baker Daniels LLP

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Michael Federick Cockson +1 612 766 7000 +1 612 766 1600 michael.cockson@faegrebd.com
No Logo Spectrum Select II, L.P., Objector

Represented by Faegre & Benson LLP

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Michael Federick Cockson +1 612 766 7000 +1 612 766 1600 michael.cockson@faegrebd.com
Royal Bank of Scotland NV Royal Bank of Scotland NV, Objector
Officially listed as "The Royal Bank of Scotland, N.V."

Represented by Allen & Overy, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael Svetkey Feldberg +1 212 610 6360 +1 212 610 6399 michael.feldberg@newyork.allenovery.com
ATTORNEY TO BE NOTICED Lanier Saperstein +1 212 756 1136 +1 212 610 6399 saperstein.lanier@dorsey.com
No Logo Arthur M. Brainson, Lead Plaintiff

Represented by Bernstein Liebhard LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Jeffrey Michael Haber +1 212 779 1414 +1 212 779 3218 haber@bernlieb.com
ATTORNEY TO BE NOTICED Jeffrey D. Lerner +1 212 779 1414 +1 212 779 3218 lerner@bernlieb.com
ATTORNEY TO BE NOTICED Sandy A Liebhard +1 212 779 1414 +1 212 779 3218 liebhard@bernlieb.com
LEAD ATTORNEY Uri Seth Ottensoser +1 212 779 1414 +1 212 779 3218 ottensoser@bernlieb.com
ATTORNEY TO BE NOTICED Joseph R. Seidman +1 212 779 1414 +1 212 779 3218 seidman@bernlieb.com
No Logo Group Defined Pension Plan & Trust, Lead Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Jeffrey L. Koenig +1 646 453 5571 +1 212 791 1230 jeffreylkoenig@gmail.com

Represented by Bernstein Liebhard LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Jeffrey Michael Haber +1 212 779 1414 +1 212 779 3218 haber@bernlieb.com
ATTORNEY TO BE NOTICED Jeffrey D. Lerner +1 212 779 1414 +1 212 779 3218 lerner@bernlieb.com
ATTORNEY TO BE NOTICED Sandy A Liebhard +1 212 779 1414 +1 212 779 3218 liebhard@bernlieb.com
ATTORNEY TO BE NOTICED Joseph R. Seidman +1 212 779 1414 +1 212 779 3218 seidman@bernlieb.com
No Logo Yvette Finkelstein, Lead Plaintiff

Represented by Bernstein Liebhard LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Jeffrey Michael Haber +1 212 779 1414 +1 212 779 3218 haber@bernlieb.com
ATTORNEY TO BE NOTICED Jeffrey D. Lerner +1 212 779 1414 +1 212 779 3218 lerner@bernlieb.com
ATTORNEY TO BE NOTICED Sandy A Liebhard +1 212 779 1414 +1 212 779 3218 liebhard@bernlieb.com
ATTORNEY TO BE NOTICED Joseph R. Seidman +1 212 779 1414 +1 212 779 3218 seidman@bernlieb.com

Represented by Wolf Haldenstein Adler Freeman & Herz, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Demet Basar +1 212 545 4664 +1 212 545 4677 basar@whafh.com
ATTORNEY TO BE NOTICED Stacey Theresa Kelly +1 212 545 4600 +1 212 545 4653 SKELLY@WHAFH.COM
ATTORNEY TO BE NOTICED Daniel W. Krasner +1 212 545 4600 +1 212 545 4653 krasner@whafh.com
No Logo Chateau Fiduciaire S.A., Movant

Represented by Robbins Geller Rudman & Dowd LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED David Avi Rosenfeld +1 631 367 7100 +1 631 367 1173 drosenfeld@rgrdlaw.com

Represented by Wolf Haldenstein Adler Freeman & Herz, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Demet Basar +1 212 545 4664 +1 212 545 4677 basar@whafh.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Paulette Suzanne Fox +1 212 545 4600 +1 212 545 4653 pfox@whafh.com
ATTORNEY TO BE NOTICED Stacey Theresa Kelly +1 212 545 4600 +1 212 545 4653 SKELLY@WHAFH.COM
ATTORNEY TO BE NOTICED Daniel W. Krasner +1 212 545 4600 +1 212 545 4653 krasner@whafh.com
ATTORNEY TO BE NOTICED Gregory Mark Nespole +1 212 545 4657 +1 212 545 4693 nespole@whafh.com
No Logo F. Daniel Prickett, Movant

Represented by Motley Rice, LLC

No Logo The Harriet Rutter Klein Revocable Trust, Movant

Represented by Robbins Geller Rudman & Dowd LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED David Avi Rosenfeld +1 631 367 7100 +1 631 367 1173 drosenfeld@rgrdlaw.com

Represented by Wolf Haldenstein Adler Freeman & Herz, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Demet Basar +1 212 545 4664 +1 212 545 4677 basar@whafh.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Paulette Suzanne Fox +1 212 545 4600 +1 212 545 4653 pfox@whafh.com
ATTORNEY TO BE NOTICED Stacey Theresa Kelly +1 212 545 4600 +1 212 545 4653 SKELLY@WHAFH.COM
ATTORNEY TO BE NOTICED Daniel W. Krasner +1 212 545 4600 +1 212 545 4653 krasner@whafh.com
ATTORNEY TO BE NOTICED Gregory Mark Nespole +1 212 545 4657 +1 212 545 4693 nespole@whafh.com
No Logo The Matthew L. Klein Irrevocable Family Trust, Movant

Represented by Robbins Geller Rudman & Dowd LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED David Avi Rosenfeld +1 631 367 7100 +1 631 367 1173 drosenfeld@rgrdlaw.com

Represented by Wolf Haldenstein Adler Freeman & Herz, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Demet Basar +1 212 545 4664 +1 212 545 4677 basar@whafh.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Paulette Suzanne Fox +1 212 545 4600 +1 212 545 4653 pfox@whafh.com
ATTORNEY TO BE NOTICED Stacey Theresa Kelly +1 212 545 4600 +1 212 545 4653 SKELLY@WHAFH.COM
ATTORNEY TO BE NOTICED Daniel W. Krasner +1 212 545 4600 +1 212 545 4653 krasner@whafh.com
ATTORNEY TO BE NOTICED Gregory Mark Nespole +1 212 545 4657 +1 212 545 4693 nespole@whafh.com
No Logo Cummins, Inc., Consolidated Plaintiff

Represented by Jonathan K. Lagemann, Esq.,

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Jonathan Kord Lagemann +1 212 599 0990

Represented by Robert A. Chapman

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Robert Andrew Chapman +1 312 630 9202 rchapman@chapmanspingola.com
PRO HAC VICE, ATTORNEY TO BE NOTICED Sara Lillian Siegall +1 312 606 8665 ssiegall@chapmanspingola.com
No Logo Dematteis FLP Assets, LLC, Consolidated Plaintiff

Represented by Ruskin Moscou Faltischek, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Mark Steven Mulholland +1 516 663 6600 +1 516 663 6648 mmulholland@rmfpc.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Thomas Anthoney Telesca +1 973 533 4224 +1 973 535 9217 ttelesca@rmfpc.com
No Logo John D. Case, Consolidated Plaintiff

Represented by Ruskin Moscou Faltischek, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Mark Steven Mulholland +1 516 663 6600 +1 516 663 6648 mmulholland@rmfpc.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Thomas Anthoney Telesca +1 973 533 4224 +1 973 535 9217 ttelesca@rmfpc.com
No Logo John Patience, Consolidated Plaintiff

Represented by James L. Kopecky PC

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED James L. Kopecky +1 312 527 3966 +1 312 268 5031 jkopecky@ksblegal.com

Represented by Jonathan K. Lagemann, Esq.,

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Jonathan Kord Lagemann +1 212 599 0990
No Logo Lakeview Investments, LP, Consolidated Plaintiff

Represented by Rozwood & Company APC

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Kevin M. Harr +1 323 877 6490 +1 323 370 6800 kharr@rozcolaw.com
No Logo M. Kenneth Witover, Consolidated Plaintiff

Represented by Ruskin Moscou Faltischek, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Mark Steven Mulholland +1 516 663 6600 +1 516 663 6648 mmulholland@rmfpc.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Thomas Anthoney Telesca +1 973 533 4224 +1 973 535 9217 ttelesca@rmfpc.com
No Logo The, Consolidated Plaintiff
Officially listed as "The 2001 Frederick Dematteis Revocable Trust"

Represented by Ruskin Moscou Faltischek, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Mark Steven Mulholland +1 516 663 6600 +1 516 663 6648 mmulholland@rmfpc.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Thomas Anthoney Telesca +1 973 533 4224 +1 973 535 9217 ttelesca@rmfpc.com
No Logo The International Dad Trust, Consolidated Plaintiff
No Logo The Tremont Insurance Plaintiffs' Litigation Trust, Consolidated Plaintiff

Represented by Wolf Haldenstein Adler Freeman & Herz, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Demet Basar +1 212 545 4664 +1 212 545 4677 basar@whafh.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Daniel W. Krasner +1 212 545 4600 +1 212 545 4653 krasner@whafh.com
ATTORNEY TO BE NOTICED Kate Marietta McGuire +1 212 545 4773 +1 212 545 4653 mcguire@whafh.com
No Logo FutureSelect Prime Advisor II, LLC, Nominal Defendant

Represented by Thomas, Alexander & Forrester, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Emily Sinclair Alexander +1 310 961 2536 +1 310 526 6852 emilyalexander@tafattorneys.com
No Logo Rye Select Broad Market Portfolio Limited, Nominal Defendant

Represented by Tannenbaum Helpern Syracuse & Hirschtritt LLP

Name Phone Fax E-Mail
TERMINATED: 08/18/2009, LEAD ATTORNEY Alex Gregg Patchen +1 212 508 6792 +1 212 858 5713 patchen@thshlaw.com
No Logo Rye Select Broad Market XL Fund, LP, Nominal Defendant

Represented by Tannenbaum Helpern Syracuse & Hirschtritt LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Ralph A. Siciliano +1 212 508 6718 +1 212 371 1084 siciliano@thshlaw.com
No Logo Rye Select Broad Market Xl Portfolio Limited, Nominal Defendant

Represented by Tannenbaum Helpern Syracuse & Hirschtritt LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Ralph A. Siciliano +1 212 508 6718 +1 212 371 1084 siciliano@thshlaw.com
No Logo Spectrum Select L.P., Nominal Defendant

Represented by Howard Rice Nemerovski Canady Falk & Rabkin

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Kevin Harvey Lewis +1 415 434 1600 +1 415 217 5910 klewis@howardrice.com

Represented by Schlam Stone & Dolan LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Richard Henry Dolan +1 212 344 5400 +1 212 344 7677 rhd@schlamstone.com

Represented by Sparer Law Group

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Alan William Sparer +1 415 217 7300 +1 415 217 7307 asparer@sparerlaw.com
No Logo Irving H. Picard, Interested Party

Represented by Baker & Hostetler, LLP

No Logo Richard Peshkin, Interested Party

Represented by Unknown Firm

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Steve W. Berman +206623 729 2fx0594 +1 206 623 0594

Represented by Hagens Berman Sobol Shapiro LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED David S. Nalven +1 617 482 3700 +1 617 482 3003 davidn@hbsslaw.com
No Logo New Jersey Carpenters Annuity Fund, New Jersey Carpenters Pension Fund, New Jersey Carpenters Welfare Fund, ADR Provider

Represented by Milberg LLP

No Logo Ronald Gallatin, ADR Provider

Represented by Ruskin Moscou Faltischek, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Mark Steven Mulholland +1 516 663 6600 +1 516 663 6648 mmulholland@rmfpc.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Thomas Anthoney Telesca +1 973 533 4224 +1 973 535 9217 ttelesca@rmfpc.com
No Logo Patrick Kelly, Consolidated Defendant

Represented by Skadden Arps Slate Meagher & Flom LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Seth M. Schwartz +1 212 735 2032 +1 917 777 2032 seth.schwartz@skadden.com
No Logo Rye Select Broad Market Prime Fund, L.P., Consolidated Defendant

Represented by Tannenbaum Helpern Syracuse & Hirschtritt LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED David Jeffrey Kanfer +1 212 508 6700 +1 646 390 6946 kanfer@thshlaw.com
No Logo Rye Select Broad Market XL Fund, LP, Consolidated Defendant

Represented by Tannenbaum Helpern Syracuse & Hirschtritt LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED David Jeffrey Kanfer +1 212 508 6700 +1 646 390 6946 kanfer@thshlaw.com
No Logo Stuart Pologe, Consolidated Defendant

Represented by Skadden Arps Slate Meagher & Flom LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Seth M. Schwartz +1 212 735 2032 +1 917 777 2032 seth.schwartz@skadden.com
No Logo Tremont International Insurance Fund, L.P., Consolidated Defendant

Represented by Tannenbaum Helpern Syracuse & Hirschtritt LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED David Jeffrey Kanfer +1 212 508 6700 +1 646 390 6946 kanfer@thshlaw.com
No Logo Tremont Opportunity Fund III, L.P., Consolidated Defendant

Represented by Tannenbaum Helpern Syracuse & Hirschtritt LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED David Jeffrey Kanfer +1 212 508 6700 +1 646 390 6946 kanfer@thshlaw.com
ATTORNEY TO BE NOTICED David Jeffrey Kanfer +1 212 508 6700 +1 646 390 6946 kanfer@thshlaw.com
No Logo Philadelphia Financial Life Assurance Company, Claimant

Represented by Edison, McDowell & Hetherington LLP

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Thomas Francis Hetherington +1 713 337 5583 +1 713 337 8843 tom.hetherington@emhllp.com
PRO HAC VICE, ATTORNEY TO BE NOTICED David T. Mcdowell +1 713 337 5580 +1 713 337 8850 david.mcdowell@emhllp.com
PRO HAC VICE, ATTORNEY TO BE NOTICED Hutson Smelley +1 713 337 5588 +1 713 337 8848 hutson.smelley@emhllp.com
No Logo Phoenix Lake Partners, LP, Intervenor-Plaintiff

Represented by Rozwood & Company APC

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Kevin M. Harr +1 323 877 6490 +1 323 370 6800 kharr@rozcolaw.com
Attributes
Citation Section 28 U.S.C. § 1332
Nature of Suit 160 - Contract: Stockholders' Suits
Timeline
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Blank 1081 Filed: 7/1/2015, Entered: None Court Filing
LETTER addressed to Judge Thomas P. Griesa from Irwin H. Warren dated July 1, 2015 re: in response to June 30, 2015 letter from Mark Forrester. Document filed by Fortress Group LLC.(Warren, Irwin) (Entered: 07/01/2015)
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LETTER addressed to Judge Thomas P. Griesa from Andrew J. Entwistle dated 06-30-2015 re: FutureSelect's June 30 Letter. Document filed by Arthur E. Lange Revocable Trust.(Entwistle, Andrew) (Entered: 06/30/2015)
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LETTER addressed to Judge Thomas P. Griesa from Mark Forrester dated June 30, 2015 re: LETTER REPLY addressed to Judge Griesa from Mark Forrester dated 6/30/2015 in response to Andrew Entwistle letter re: FutureSelect Subpoena on Fortress Group and Motion for Subclasses. Document filed by FutureSelect Prime Advisor II LLC, Telesis IIW, LLC, The Merriwell Fund, L.P.. (Attachments: # 1 Exhibit A)(Forrester, Mark) (Entered: 06/30/2015)
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LETTER addressed to Judge Thomas P. Griesa from Andrew J. Entwistle dated 06/29/2015 re: FutureSelect's Subpoena and Motion for Subclasses. Document filed by Arthur E. Lange Revocable Trust. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Entwistle, Andrew) (Entered: 06/29/2015)
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MEMORANDUM OF LAW in Support re: 1076 MOTION Motion Concerning the $1.5 Billion Fund Distribution Account (FDA) to 1 Certify FDA Subclasses and 2 Appoint Separate FDA Subclass Counsel . . Document filed by FutureSelect Prime Advisor II LLC, Telesis IIW, LLC, The Merriwell Fund, L.P.. (Forrester, Mark) (Entered: 06/25/2015)
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MOTION Motion Concerning the $1.5 Billion Fund Distribution Account (FDA) to 1 Certify FDA Subclasses and 2 Appoint Separate FDA Subclass Counsel . Document filed by FutureSelect Prime Advisor II LLC, Telesis IIW, LLC, The Merriwell Fund, L.P.. Return Date set for 7/22/2015 at 09:00 AM.(Forrester, Mark) (Entered: 06/25/2015)
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NOTICE OF APPEARANCE by Mark Forrester on behalf of FutureSelect Prime Advisor II LLC, Telesis IIW, LLC, The Merriwell Fund, L.P.. (Forrester, Mark) (Entered: 06/25/2015)
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MEMO ENDORSEMENT on MOTION FOR ADMISSION PRO HAC VICE. ENDORSEMENT: Motion granted. Granting 1073 Motion for Mark Forrester to Appear Pro Hac Vice. (Signed by Judge Thomas P. Griesa on 6/11/2015) (rjm) (Entered: 06/11/2015)
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Legal Document (Payment Possibly Required) 1073 Filed: 6/10/2015, Entered: None
MOTION for Mark Forrester to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11017398. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by FutureSelect Prime Advisor II LLC, The Merriwell Fund, L.P., Telesis IIW, LLC. (Attachments: # 1 Exhibit A Certificate of Good Standing, # 2 Exhibit B Proposed Order)(Alexander, Emily) (Entered: 06/10/2015)
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Blank 1072 Filed: 6/5/2015, Entered: None Court Filing
OPINION: The court finds the motion to distribute the Net Settlement Fund to be fair and reasonable. The objections to the motion are overruled. This resolves the motions at numbers 1056 and 1069 on the docket. (Signed by Judge Thomas P. Griesa on 6/5/2015) (kl) (Entered: 06/05/2015)
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Blank 1071 Filed: 6/5/2015, Entered: None Court Filing
ORDER GRANTING SETTLING CLASS PLAINTIFFS' MOTION FOR APPROVAL OF: (i) CREATION OF NET SETTLEMENT FUND RESERVE AND DISTRIBUTION OF UNRESERVED PORTION OF NET SETTLEMENT FUND TO AUTHORIZED CLAIMANTS; AND (ii) READMISSION TO SETTLEMENT CLASS OF SETTLING PLAINTIFFS granting 1003 Motion for Disbursement of Funds. The portion of Settling Class Plaintiffs' Motion seeking approval of creation of a Net Settlement Fund Reserve and Initial Distribution of the unreserved portion of the Net Settlement Fund to Authorized Claimants is GRANTED and objections thereto are overruled. The portion of Settling Class Plaintiffs' Motion seeking approval of readmission to the Settlement Class of the Settling Plaintiffs and distribution of the NSF Reserve to Authorized Claimants including existing Class Members, when and as approved by GCG, is GRANTED, and objections thereto are overruled. GCG shall be paid the sum of $555,461.23 from the Net Settlement Fund as payment for its outstanding fees and expenses incurred and to be incurred in connection with administration of the Settlement and the Distribution Plan. (Signed by Judge Thomas P. Griesa on 6/5/2015) (kl) (Entered: 06/05/2015)
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Legal Document (Payment Possibly Required) 1070 Filed: 6/5/2015, Entered: None
MEMORANDUM OF LAW in Support re: 1069 MOTION to Produce Notice of Motion for Production and Disclosure of Settlement Agreements. . Document filed by RCW Group, Inc., Dianne Ward, Ronald Ward. (Attachments: # 1 Exhibit 1 Proposed Order)(Alexander, Emily) (Entered: 06/05/2015)
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Blank 1069 Filed: 6/5/2015, Entered: None
MOTION to Produce Notice of Motion for Production and Disclosure of Settlement Agreements. Document filed by RCW Group, Inc., Dianne Ward, Ronald Ward. Return Date set for 6/22/2015 at 09:00 AM.(Alexander, Emily) (Entered: 06/05/2015)
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Blank 1068 Filed: 6/5/2015, Entered: None
NOTICE OF APPEARANCE by Emily Sinclair Alexander on behalf of Dianne Ward, RCW Group, Inc., Ronald Ward. (Alexander, Emily) (Entered: 06/05/2015)
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Legal Document (Payment Possibly Required) 1067 Filed: 6/4/2015, Entered: None
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Produce Motion for Production and Disclosure of Settlement Agreements. Document filed by FutureSelect Portfolio Management, Inc.. Return Date set for 6/19/2015 at 09:00 AM. (Attachments: # 1 Exhibit 1 Proposed Order)(Alexander, Emily) Modified on 6/5/2015 (db). (Entered: 06/04/2015)
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Blank 1066 Filed: 6/4/2015, Entered: None
NOTICE of Notice of Motion for Production and Disclosure of Settlement Agreements. Document filed by FutureSelect Portfolio Management, Inc.. (Alexander, Emily) (Entered: 06/04/2015)
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Blank 1065 Filed: 6/3/2015, Entered: None
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a hearing proceeding held on 5/28/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 06/03/2015)
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Legal Document (Payment Possibly Required) 1064 Filed: 6/3/2015, Entered: None Court Filing
TRANSCRIPT of Proceedings re: conference held on 5/28/2015 before Judge Thomas P. Griesa. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/29/2015. Redacted Transcript Deadline set for 7/9/2015. Release of Transcript Restriction set for 9/4/2015.(McGuirk, Kelly) (Entered: 06/03/2015)
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Blank 1063 Filed: 6/2/2015, Entered: None Court Filing
LETTER addressed to Judge Thomas P. Griesa from Emily Alexander dated June 2, 2015 re: Entry of Briefing Schedule on Any Motion Seeking Approval of Plan of Allocation. Document filed by FutureSelect Portfolio Management, Inc..(Alexander, Emily) (Entered: 06/02/2015)
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Blank 1062 Filed: 5/29/2015, Entered: None
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 732 MOTION to Dismiss. (Regarding SLUSA). Document filed by Rupert Allan, Steven Thomas Clayton, Lynn O. Keeshan, Rye Investment Management, Robert Schulman, Tremont Capital Management Inc., Tremont Group Holdings, Inc., Tremont Partners, Inc. (Schwartz, Seth) (Entered: 05/29/2015)
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Blank 1061 Filed: 5/28/2015, Entered: None
NOTICE OF APPEARANCE by Emily Sinclair Alexander on behalf of FutureSelect Portfolio Management, Inc.. (Alexander, Emily) (Entered: 05/28/2015)
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Legal Document (Payment Possibly Required) 1060 Filed: 5/28/2015, Entered: None
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Mark Forrester to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10966073. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by FutureSelect Portfolio Management, Inc.. Return Date set for 5/28/2015 at 02:00 PM. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Alexander, Emily) Modified on 5/28/2015 (wb). (Entered: 05/28/2015)
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Blank 1059 Filed: 5/28/2015, Entered: None
NOTICE of Withdrawal of Joinder and Amended Joinder in the Response by Austin Capital BMP Fund, LLC in Opposition to the Motion by Settling Class Plaintiffs for Approval of Distribution of Net Settlement Fund re: 1020 Joinder, 1017 Joinder. Document filed by Meritage Capital, LLC. (Munoz, Michael) (Entered: 05/28/2015)
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Blank 1058 Filed: 5/28/2015, Entered: None
DECLARATION of Vincent T. Gresham in Support re: 1056 MOTION Judgment re: 1050 Reply Memorandum of Law in Support of Motion,, .. Document filed by George P Turner. (Gresham, Vincent) (Entered: 05/28/2015)
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Legal Document (Payment Possibly Required) 1057 Filed: 5/28/2015, Entered: None
MEMORANDUM OF LAW in Support re: 1056 MOTION Judgment re: 1050 Reply Memorandum of Law in Support of Motion,, . . Document filed by George P Turner. (Attachments: # 1 Text of Proposed Order)(Gresham, Vincent) (Entered: 05/28/2015)
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Blank 1056 Filed: 5/28/2015, Entered: None
MOTION Judgment re: 1050 Reply Memorandum of Law in Support of Motion,, . Document filed by George P Turner.(Gresham, Vincent) (Entered: 05/28/2015)
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Blank 1055 Filed: 5/28/2015, Entered: None Court Filing
SECOND LETTER addressed to Judge Thomas P. Griesa from Vincent T. Gresham dated 5/28/2015 re: Status of Checks. Document filed by George P Turner.(Gresham, Vincent) (Entered: 05/28/2015)
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Blank 1054 Filed: 5/27/2015, Entered: None Court Filing
LETTER MOTION for Conference re: 1050 Reply Memorandum of Law in Support of Motion,, Entry of Briefing Schedule on the Anticipated Motion of Lead Counsel Seeking Approval of a Plan of Allocation for the Fund Distribution Account addressed to Judge Thomas P. Griesa from J. Elazar Fruchter dated May 27, 2015. Document filed by Michael S Martin.(Fruchter, Joshua) (Entered: 05/27/2015)
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Blank 1053 Filed: 5/27/2015, Entered: None Court Filing
LETTER addressed to Judge Thomas P. Griesa from Andrew J. Entwistle dated May 27, 2015 re: Tender of checks. Document filed by Arthur E. Lange Revocable Trust.(Entwistle, Andrew) (Entered: 05/27/2015)
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Blank 1052 Filed: 5/26/2015, Entered: None Court Filing
LETTER addressed to Judge Thomas P. Griesa from Vincent T. Gresham dated 5/26/2015 re: Checks Were Not Tendered. Document filed by George P Turner.(Gresham, Vincent) (Entered: 05/26/2015)
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Blank 1051 Filed: 5/22/2015, Entered: None
NOTICE OF APPEARANCE by Joshua Fruchter on behalf of Michael S Martin. (Fruchter, Joshua) (Entered: 05/22/2015)
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Legal Document (Payment Possibly Required) 1050 Filed: 5/21/2015, Entered: None
SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: 987 MOTION to Approve Net Settlement Fund Plan of Allocation and Scheduling Motion for Distribution Notice of Motion by Settling Class Plaintiffs for Approval of Net Settlement Fund Plan of Allocation and Scheduling Motion for Distribution. Supplemental Reply Memorandum In Further Support Of Motion For Approval Of Distribution Of Net Settlement Fund. Document filed by Arthur E. Lange Revocable Trust. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Entwistle, Andrew) (Entered: 05/21/2015)
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Legal Document (Payment Possibly Required) 1049 Filed: 5/21/2015, Entered: None
DECLARATION of Andrew J. Entwistle in Support re: 987 MOTION to Approve Net Settlement Fund Plan of Allocation and Scheduling Motion for Distribution Notice of Motion by Settling Class Plaintiffs for Approval of Net Settlement Fund Plan of Allocation and Scheduling Motion for Distribution.. Document filed by Arthur E. Lange Revocable Trust. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Entwistle, Andrew) (Entered: 05/21/2015)
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Blank 1048 Filed: 5/21/2015, Entered: None
REPLY to Response to Motion re: 987 MOTION to Approve Net Settlement Fund Plan of Allocation and Scheduling Motion for Distribution Notice of Motion by Settling Class Plaintiffs for Approval of Net Settlement Fund Plan of Allocation and Scheduling Motion for Distribution. Settling Class Plaintiffs' Reply Memorandum Of Law In Response To Opposition Of Lehman Brothers Finance. Document filed by Arthur E. Lange Revocable Trust. (Entwistle, Andrew) (Entered: 05/21/2015)
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Blank 1047 Filed: 5/8/2015, Entered: None
NOTICE of Withdrawal of Memorandum of Law in Opposition to Motion for Approval of Distribution of Net Settlement Fund by Settling Class Plaintiffs and Settling Plaintiffs re: 1012 Memorandum of Law in Opposition to Motion,. Document filed by Collins Capital Investments LLC. (Preston, Hilary) (Entered: 05/08/2015)
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Blank 1046 Filed: 5/8/2015, Entered: None
NOTICE of of Withdrawal of Pleadings re: 1011 Memorandum of Law in Opposition to Motion, 1019 Response in Opposition to Motion,. Document filed by Austin Capital BMP Fund, LLC. (Singerman, Paul) (Entered: 05/08/2015)
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Blank 1045 Filed: 4/20/2015, Entered: None
NOTICE OF APPEARANCE by Edward Ambrose Smith, III on behalf of Lehman Brothers Finance AG. (Smith, Edward) (Entered: 04/20/2015)
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Blank 1044 Filed: 4/20/2015, Entered: None
FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 1045 Notice of Appearance) - AFFIDAVIT of Edward A. Smith in Opposition re: 1003 MOTION for Disbursement of Funds Notice of Motion by Settling Class Plaintiffs for Approval of Distribution of Net Settlement Fund. Document filed by Lehman Brothers Finance AG. (Smith, Edward) Modified on 4/22/2015 (db). (Entered: 04/20/2015)
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Blank 1043 Filed: 4/17/2015, Entered: None
NOTICE OF APPEARANCE by Robert Leslie Meyerhoff on behalf of Lehman Brothers Finance AG. (Meyerhoff, Robert) (Entered: 04/17/2015)
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Blank 1042 Filed: 4/17/2015, Entered: None
NOTICE OF APPEARANCE by Kostas D. Katsiris on behalf of Lehman Brothers Finance AG. (Katsiris, Kostas) (Entered: 04/17/2015)
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Blank 1041 Filed: 4/17/2015, Entered: None
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Lehman Brothers Finance AG.(Katsiris, Kostas) (Entered: 04/17/2015)
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Legal Document (Payment Possibly Required) 1040 Filed: 4/17/2015, Entered: None
AFFIDAVIT of Oliver Singh in Opposition re: 1003 MOTION for Disbursement of Funds Notice of Motion by Settling Class Plaintiffs for Approval of Distribution of Net Settlement Fund.. Document filed by Lehman Brothers Finance AG. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Katsiris, Kostas) (Entered: 04/17/2015)
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Legal Document (Payment Possibly Required) 1039 Filed: 4/17/2015, Entered: None
AFFIDAVIT of Christiana Suhr Brunner in Opposition re: 1003 MOTION for Disbursement of Funds Notice of Motion by Settling Class Plaintiffs for Approval of Distribution of Net Settlement Fund.. Document filed by Lehman Brothers Finance AG. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Katsiris, Kostas) (Entered: 04/17/2015)
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Legal Document (Payment Possibly Required) 1038 Filed: 4/17/2015, Entered: None
DECLARATION of Robert L. Meyerhoff in Opposition re: 1003 MOTION for Disbursement of Funds Notice of Motion by Settling Class Plaintiffs for Approval of Distribution of Net Settlement Fund.. Document filed by Lehman Brothers Finance AG. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Katsiris, Kostas) (Entered: 04/17/2015)
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Blank 1037 Filed: 4/17/2015, Entered: None
MEMORANDUM OF LAW in Opposition re: 1003 MOTION for Disbursement of Funds Notice of Motion by Settling Class Plaintiffs for Approval of Distribution of Net Settlement Fund. . Document filed by Lehman Brothers Finance AG. (Katsiris, Kostas) (Entered: 04/17/2015)
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Blank 1036 Filed: 4/17/2015, Entered: None Court Filing
ORDER: The court will hold oral argument on May 28, 2015 at 2:00PM, regarding the pending Motion for Approval of Distribution of Net Settlement Fund, Dkt. No. 1003. SO ORDERED. (Oral Argument set for 5/28/2015 at 02:00 PM before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 4/17/2015) (kl) (Entered: 04/17/2015)
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Blank 1035 Filed: 4/15/2015, Entered: None Court Filing
ORDER ALLOWING SUR REPLY granting 1032 Motion for Leave to File Sur-Reply. NOW, THEREFORE, IT IS HEREBY ORDERED THAT: The Tremont Fund Objectors' Motion is granted; and The Clerk of the Court shall enter Exhibit A to the Motion on the docket in this proceeding. (Signed by Judge Thomas P. Griesa on 4/15/2015) (kl) Modified on 4/15/2015 (kl). (Entered: 04/15/2015)
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Blank 1034 Filed: 4/14/2015, Entered: None Court Filing
MEMO ENDORSEMENT on re: 1028 Letter request regarding Permission to file a short opposition to pending Motion for Approval of Distribution of Net Settlement Fund, filed by Lehman Brothers Finance AG. ENDORSEMENT: Approved. (Responses due by 4/17/2015). (Signed by Judge Thomas P. Griesa on 4/14/2015) (kl) (Entered: 04/14/2015)
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Blank 1033 Filed: 4/13/2015, Entered: None
MEMORANDUM OF LAW in Support re: 1032 MOTION for Leave to File Sur-Reply . . Document filed by George P Turner. (Gresham, Vincent) (Entered: 04/13/2015)
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Blank 1032 Filed: 4/13/2015, Entered: None
MOTION for Leave to File Sur-Reply . Document filed by George P Turner.(Gresham, Vincent) (Entered: 04/13/2015)
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Legal Document (Payment Possibly Required) 1031 Filed: 4/10/2015, Entered: None
DECLARATION of Vincent T. Gresham in Opposition re: 1003 MOTION for Disbursement of Funds Notice of Motion by Settling Class Plaintiffs for Approval of Distribution of Net Settlement Fund.. Document filed by George P Turner. (Gresham, Vincent) (Entered: 04/10/2015)
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Blank 1030 Filed: 4/10/2015, Entered: None
REPLY to Response to Motion re: 1003 MOTION for Disbursement of Funds Notice of Motion by Settling Class Plaintiffs for Approval of Distribution of Net Settlement Fund. REPLY TO RYE INSIDER OBJECTIONS. Document filed by George P Turner. (Gresham, Vincent) (Entered: 04/10/2015)
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Legal Document (Payment Possibly Required) 1029 Filed: 4/10/2015, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 1003 MOTION for Disbursement of Funds Notice of Motion by Settling Class Plaintiffs for Approval of Distribution of Net Settlement Fund. Reply Memorandum in Further Support of Motion for Approval of Distribution of Net Settlement Fund. Document filed by Arthur E. Lange Revocable Trust. (Attachments: # 1 Text of Proposed Order 1)(Entwistle, Andrew) (Entered: 04/10/2015)
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Blank 1028 Filed: 4/10/2015, Entered: None Court Filing
LETTER addressed to Judge Thomas P. Griesa from Kostas D. Katsiris dated April 10, 2015 re: Permission to file a short opposition to pending Motion for Approval of Distribution of Net Settlement Fund. Document filed by Lehman Brothers Finance AG.(Katsiris, Kostas) (Entered: 04/10/2015)
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Blank 1027 Filed: 4/8/2015, Entered: None Court Filing
ORDER FOR ADMISSION PRO HAC VICE granting 1025 Motion for Ilyse M. Homer to Appear Pro Hac Vice. (Signed by Judge Thomas P. Griesa on 4/7/2015) (kl) (Entered: 04/08/2015)
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Blank 1026 Filed: 4/8/2015, Entered: None Court Filing
ORDER FOR ADMISSION PRO HAC VICE granting 1024 Motion for Paul Steven Singerman to Appear Pro Hac Vice. (Signed by Judge Thomas P. Griesa on 4/7/2015) (kl) (Entered: 04/08/2015)
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Blank 1025 Filed: 4/6/2015, Entered: None
MOTION for Ilyse M. Homer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10782777. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Austin Capital BMP Fund, LLC.(Homer, Ilyse) (Entered: 04/06/2015)
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Blank 1024 Filed: 4/6/2015, Entered: None
MOTION for Paul Steven Singerman to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Austin Capital BMP Fund, LLC.(Singerman, Paul) (Entered: 04/06/2015)
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Legal Document (Payment Possibly Required) 1023 Filed: 3/27/2015, Entered: None
DECLARATION of Vincent T. Gresham in Opposition re: 1003 MOTION for Disbursement of Funds Notice of Motion by Settling Class Plaintiffs for Approval of Distribution of Net Settlement Fund.. Document filed by George P Turner. (Attachments: # 1 Exhibit A part 1, # 2 Exhibit A part 2, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G part 1, # 9 Exhibit G part 2)(Gresham, Vincent) (Entered: 03/27/2015)
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Legal Document (Payment Possibly Required) 1022 Filed: 3/27/2015, Entered: None
RESPONSE in Opposition to Motion re: 1003 MOTION for Disbursement of Funds Notice of Motion by Settling Class Plaintiffs for Approval of Distribution of Net Settlement Fund. . Document filed by George P Turner. (Attachments: # 1 [Proposed] Order)(Gresham, Vincent) (Entered: 03/27/2015)
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Blank 1021 Filed: 3/27/2015, Entered: None
MEMORANDUM OF LAW in Opposition re: 1003 MOTION for Disbursement of Funds Notice of Motion by Settling Class Plaintiffs for Approval of Distribution of Net Settlement Fund. . Document filed by Antonio Calabrese, Stephen Calabrese, Calco Painting, Inc., Jean-Marc Chouraqui, Paul Funk, Nicholas P. Kardasis IRA, Deborah Levey, Stuart Levey, Levey Fishman Trust, Stuart Levey, Trustee, Joseph Ludwig, Judith Ludwig, Lawrence J. Rothschild, Richard A. Scherr, Arthur Simons. (Gorvitz, David) (Entered: 03/27/2015)
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Blank 1020 Filed: 3/27/2015, Entered: None
AMENDED JOINDER to join re: 1019 Response in Opposition to Motion, [Doc. No.: 1003]. Document filed by Meritage Capital, LLC.(Munoz, Michael) (Entered: 03/27/2015)
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Blank 1019 Filed: 3/27/2015, Entered: None
RESPONSE in Opposition to Motion re: 1003 MOTION for Disbursement of Funds Notice of Motion by Settling Class Plaintiffs for Approval of Distribution of Net Settlement Fund. (Corrected). Document filed by Austin Capital BMP Fund, LLC. (Jarvinen, Christopher) (Entered: 03/27/2015)
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Blank 1018 Filed: 3/27/2015, Entered: None
AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Austin Capital BMP Fund, LLC.(Jarvinen, Christopher) (Entered: 03/27/2015)
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Blank 1017 Filed: 3/27/2015, Entered: None
JOINDER to join re: 1011 Memorandum of Law in Opposition to Motion, (Docket #1003). Document filed by Meritage Capital, LLC.(Munoz, Michael) (Entered: 03/27/2015)
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Blank 1016 Filed: 3/27/2015, Entered: None
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Meritage Capital, LLC.(Munoz, Michael) (Entered: 03/27/2015)
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Blank 1015 Filed: 3/27/2015, Entered: None
NOTICE OF APPEARANCE by Michael McGee Munoz on behalf of Meritage Capital, LLC. (Munoz, Michael) (Entered: 03/27/2015)
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Blank 1014 Filed: 3/27/2015, Entered: None
JOINDER to join re: (1003 in 1:08-cv-11117-TPG) MOTION for Disbursement of Funds Notice of Motion by Settling Class Plaintiffs for Approval of Distribution of Net Settlement Fund. . Document filed by MassMutual Holding LLC, Massachusetts Mutual Life Insurance Company, Massmutual Holding LLC, Rye Investment Management, Rye Select Broad Market Fund, Rye Select Broad Market Insurance Fund LP, Rye Select Broad Market Portfolio Limited, Rye Select Broad Market Prime Fund, Rye Select Broad Market XL Fund, Tremont Arbitrage Fund LP, Tremont Arbitrage Fund-Ireland, Tremont Market Neutral Fund, Tremont Market Neutral Fund II LP, Tremont Market Neutral Fund Limited, Tremont Opportunity Fund II LP, Tremont Opportunity Fund III LP, Tremont Opportunity Fund Limited, Tremont Strategic Insurance Fund LP, MassMutual Holding Trust I, Massmutual Holdings Co..Filed In Associated Cases: 1:08-cv-11117-TPG, 1:08-cv-11183-TPG, 1:08-cv-11212-TPG(Schwartz, Seth) (Entered: 03/27/2015)
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Legal Document (Payment Possibly Required) 1013 Filed: 3/27/2015, Entered: None
DECLARATION of Hilary L. Preston in Opposition re: 1003 MOTION for Disbursement of Funds Notice of Motion by Settling Class Plaintiffs for Approval of Distribution of Net Settlement Fund.. Document filed by Collins Capital Investments LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Preston, Hilary) (Entered: 03/27/2015)
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Legal Document (Payment Possibly Required) 1012 Filed: 3/27/2015, Entered: None
MEMORANDUM OF LAW in Opposition re: 1003 MOTION for Disbursement of Funds Notice of Motion by Settling Class Plaintiffs for Approval of Distribution of Net Settlement Fund. . Document filed by Collins Capital Investments LLC. (Attachments: # 1 Exhibit 1 - Proposed Order)(Preston, Hilary) (Entered: 03/27/2015)
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Blank 1011 Filed: 3/27/2015, Entered: None
MEMORANDUM OF LAW in Opposition re: 1003 MOTION for Disbursement of Funds Notice of Motion by Settling Class Plaintiffs for Approval of Distribution of Net Settlement Fund. . Document filed by Austin Capital BMP Fund, LLC. (Singerman, Paul) (Entered: 03/27/2015)
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Blank 1010 Filed: 3/27/2015, Entered: None
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Austin Capital BMP Fund, LLC.(Singerman, Paul) (Entered: 03/27/2015)
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Blank 1009 Filed: 3/27/2015, Entered: None
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Paul Steven Singerman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10751681. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Austin Capital BMP Fund, LLC.(Singerman, Paul) Modified on 3/27/2015 (bcu). (Entered: 03/27/2015)
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Blank 1008 Filed: 3/27/2015, Entered: None
NOTICE OF APPEARANCE by David Gorvitz on behalf of Family Swimmers Limited Partnership, Lawrence J. Rothschild, Richard A. Scherr, Arthur Simons, Paul Funk, Joseph Ludwig, Judith Ludwig, Stuart Levey, Deborah Levey, Levey Fishman Trust, Stuart Levey, Trustee, Nicholas P. Kardasis IRA, Jean-Marc Chouraqui. (Gorvitz, David) (Entered: 03/27/2015)
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Blank 1007 Filed: 3/26/2015, Entered: None
NOTICE OF APPEARANCE by David Gorvitz on behalf of Antonio Calabrese, Stephen Calabrese, Calco Painting, Inc.. (Gorvitz, David) (Entered: 03/26/2015)
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Blank 1006 Filed: 3/20/2015, Entered: None
JOINDER to join re: 1003 MOTION for Disbursement of Funds Notice of Motion by Settling Class Plaintiffs for Approval of Distribution of Net Settlement Fund. . Document filed by Spectrum Equities, L.P., Spectrum Select II, L.P..(Ross, Jeff) (Entered: 03/20/2015)
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Blank 1005 Filed: 2/27/2015, Entered: None
AFFIDAVIT of Stephanie Amin-Giwner (Garden City Group) in Support re: 1003 MOTION for Disbursement of Funds Notice of Motion by Settling Class Plaintiffs for Approval of Distribution of Net Settlement Fund.. Document filed by Arthur E. Lange Revocable Trust. (Attachments: # 1 Exhibit A through E)(Entwistle, Andrew) (Entered: 02/27/2015)
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Legal Document (Payment Possibly Required) 1004 Filed: 2/27/2015, Entered: None
MEMORANDUM OF LAW in Support re: 1003 MOTION for Disbursement of Funds Notice of Motion by Settling Class Plaintiffs for Approval of Distribution of Net Settlement Fund. . Document filed by Arthur E. Lange Revocable Trust. (Attachments: # 1 Text of Proposed Order)(Entwistle, Andrew) (Entered: 02/27/2015)
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Blank 1003 Filed: 2/27/2015, Entered: None
MOTION for Disbursement of Funds Notice of Motion by Settling Class Plaintiffs for Approval of Distribution of Net Settlement Fund. Document filed by Arthur E. Lange Revocable Trust.(Entwistle, Andrew) (Entered: 02/27/2015)
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Blank 1002 Filed: 2/26/2015, Entered: None Court Filing
MEMO ENDORSEMENT granting 997 Motion to Withdraw as Attorney. Attorney Frances S. Cohen terminated. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 2/26/2015) (kl) (Entered: 02/26/2015)
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Blank 1001 Filed: 2/18/2015, Entered: None Court Filing
MEMO ENDORSEMENT on re: 1000 Letter, filed by Arthur E. Lange Revocable Trust, re: request for modification of the current motion schedule for approval of the Distribution of the Net Settlement Fund. ENDORSEMENT: Approved. (Motions due by 2/27/2015., Responses due by 3/27/2015, Replies due by 4/10/2015.) (Signed by Judge Thomas P. Griesa on 2/18/2015) (ajs) (Entered: 02/18/2015)
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Blank 1000 Filed: 2/17/2015, Entered: None Court Filing
LETTER addressed to Judge Thomas P. Griesa from Andrew J. Entwistle dated February 17, 2015 re: request for modification of the current motion schedule for approval of the Distribution of the Net Settlement Fund. Document filed by Arthur E. Lange Revocable Trust.(Entwistle, Andrew) (Entered: 02/17/2015)
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Blank 999 Filed: 2/2/2015, Entered: None Court Filing
MEMO ENDORSEMENT on re: 998 Letter filed by Arthur E. Lange Revocable Trust, re: Extension of time. ENDORSEMENT: Approved. (Motions due by 2/17/2015. Responses due by 3/17/2015, Replies due by 3/31/2015.) (Signed by Judge Thomas P. Griesa on 2/2/2015) (ajs) (Entered: 02/02/2015)
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Blank 998 Filed: 1/29/2015, Entered: None Court Filing
LETTER addressed to Judge Thomas P. Griesa from Andrew J. Entwistle dated January 29, 2015 re: Request for modification of the current motion schedule. Document filed by Arthur E. Lange Revocable Trust.(Entwistle, Andrew) (Entered: 01/29/2015)
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Blank 997 Filed: 1/26/2015, Entered: None
MOTION for Fran S. Cohen to Withdraw as Attorney . Document filed by Massachusetts Mutual Life Insurance Company, Massmutual Holding LLC.(Head, Carol) (Entered: 01/26/2015)
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Blank 996 Filed: 1/26/2015, Entered: None
NOTICE OF CHANGE OF ADDRESS by Carol Elisabeth Head on behalf of MassMutual Holding LLC, Massachusetts Mutual Life Insurance Company. New Address: Morgan, Lewis & Bockius LLP, One Federal Street, Boston, MA, USA 02110, 617-951-8000. (Head, Carol) (Entered: 01/26/2015)
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Blank 995 Filed: 12/22/2014, Entered: None Court Filing
ORDER GRANTING FINAL APPROVAL OF PLAN OF ALLOCATION FOR THE INSURANCE SETTLEMENT FUND AND AUTHORIZING DISTRIBUTION OF THE FUND granting (991) Motion for Settlement in case 1:08-cv-11117-TPG. It is hereby ORDERED, that the Insurance Plan of Allocation is finally approved; and it is further ORDERED, that the administrative determinations of GCG accepting the Proofs of Claim and described in the Cirami Affidavit, calculated pursuant to the Insurance Plan of Allocation be and the same hereby are approved, and said claims are hereby accepted; and it is further ORDERED, that to the extent that any new or corrected Insurance Proofs of Claim received after December 15, 2014, but a reasonable time in advance of a subsequent distribution (if any), are found to be eligible, such claims may, at Co-Lead Counsel's discretion, be included in subsequent distributions that are approved; and it is further ORDERED, that payment be made from the Insurance Settlement Fund to the Internal Revenue Service for the proper amount of taxes due and owing on the interest earned on the Insurance Settlement Fund while in escrow, if any; and it is further ORDERED, that the sum of $7,500 be held in the Escrow Account for payment of tax preparation fees for 2014 and thereafter as may be necessary; and it is further ORDERED, that the portion of the Insurance Settlement Fund allocable to the Individual Settling Insurance Plaintiffs shall be distributed to Berger & Montague, P.C. on behalf of the Individual Settling Insurance Plaintiffs; and it is further ORDERED, that the Insurance Class Plaintiffs: Chateau Fiduciaire, S.A., as Trustee of the Map Trust, The Geoffrey Rabie Credit Shelter Trust, the Joanne Brenda Rabie Credit Shelter Trust, the Harriet Rutter Klein Revocable Trust, and the Matthew L. Klein Irrevocable Family Trust, each be paid an incentive award in the amount of $10,000 from the Insurance Settlement Fund, for a total of $50,000, as previously approved by the Court; and it is further ORDERED, that GCG be paid the sum of $8,921.10 from the Insurance Settlement Fund as payment for its outstanding fees and expenses incurred and its fees and expenses to be incurred in connection with the administration of the Settlement and the disbursement of the Net Insurance Settlement Fund; and it is further ORDERED, that the Net Settlement Fund shall be distributed to the Authorized Insurance Claimants pursuant to the Insurance Plan of Allocation in proportion to each Authorized Insurance Claimant's approved claims as compared to the total approved claims of all accepted claimants; and it is further ORDERED, that the checks for distribution to the Authorized Insurance Claimants shall bear the notation "CASH PROMPTLY, VOID 180 DAYS AFTER DISTRIBUTION DATE." Co-Lead Counsel and GCG are authorized to take appropriate action to locate and/or contact any Authorized Claimant who has not cashed its check within said time; and it is further ORDERED, that the Court finds that the administration of the Settlement and the proposed distribution of the Insurance Settlement Fund comply with the terms of the Stipulation and the Insurance Plan of Allocation and that all persons involved in the review, verification, calculation, tabulation, or any other aspect of the processing of the Proofs of Claim submitted herein, or otherwise involved in the administration or taxation of the Insurance Settlement Fund and/or the Net Insurance Settlement Fund are released and discharged from any and all claims arising out of such involvement, and all Insurance Subclass Members and Individual Settling Insurance Plaintiffs, whether or not they are to receive payment from the Insurance Settlement Fund are barred from making any further claims against the Insurance Settlement Fund beyond the amount allocated to them pursuant to this Order; and it is further ORDERED, that GCG is hereby authorized destroy paper or hard copies of Proofs of Claim forms and supporting documents not less than one (1) year after distribution of the Net Insurance Settlement Fund to the eligible claimants and may discard electronic copies of the same not less than three (3) years after distribution of the Net Insurance Settlement Fund to the eligible claimants; and it is further ORDERED, that this Court retain jurisdiction over any further application or matter which may arise in connection with this Action. (Signed by Judge Thomas P. Griesa on 12/22/2014) Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG (ajs) (Entered: 12/23/2014)
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Blank 994 Filed: 12/22/2014, Entered: None Court Filing
ORDER GRANTING SETTLING CLASS PLAINTIFFS' MOTION FOR APPROVAL OF NET SETTLEMENT FUND PLAN OF ALLOCATION AND SCHEDULING MOTION FOR DISTRIBUTION granting (987) Motion to Approve in case 1:08-cv-11117-TPG. IT IS HEREBY ORDERED THAT: 1. This Order incorporates by reference the definitions in the Cirami Affidavit and in the Stipulation of Partial Settlement dated as of February 23, 2011 (the "Stipulation") (ECF No. 392-1), and all terms used herein shall have the meanings as set forth in the Cirami Affidavit and in the Stipulation. 2. This Court has jurisdiction over the subject matter of the Actions and over all parties to the Actions, including the Settlement Class Members. 3. Settling Class Plaintiffs' Motion is GRANTED. Accordingly, a. The NSF POA submitted with the Motion is approved; b. The administrative determinations by GCG with respect to processing NSF Proofs of Claim, as set forth in the Cirami Affidavit, are approved. 4. Settling Class Plaintiffs shall move for approval of Distribution of the Net Settlement Fund to Authorized Claimants, on the following schedule. a. On or before January 30, 2015, Settling Class Plaintiffs shall move for approval of Distribution of the Net Settlement Fund; b. Any opposing papers shall be served on or before February 27, 2015; c. Reply papers shall be served on or before March 13, 2015. SO ORDERED. (Signed by Judge Thomas P. Griesa on 12/22/2014) Filed In Associated Cases: 1:08-cv-11117-TPG et al. (ajs) (Entered: 12/23/2014)
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Blank 993 Filed: 12/17/2014, Entered: None
DECLARATION of Demet Basar in Support re: 991 MOTION for Settlement - Motion for Final Approval of Plan of Allocation for the Insurance Settlement Fund and Authorizing Distribution of the Fund.. Document filed by Chateau Fiduciaire S.A., The Geoffrey Rabie Credit Shelter Trust, The Harriet Rutter Klein Revocable Trust, The Joanne Brenda Rabie Credit Shelter Trust, The Matthew L. Klein Irrevocable Family Trust. (Attachments: # 1 Exhibit A)(Basar, Demet) (Entered: 12/17/2014)
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Legal Document (Payment Possibly Required) 992 Filed: 12/17/2014, Entered: None
AFFIDAVIT of Stephen J. Cirami in Support re: 991 MOTION for Settlement - Motion for Final Approval of Plan of Allocation for the Insurance Settlement Fund and Authorizing Distribution of the Fund.. Document filed by Chateau Fiduciaire S.A., The Geoffrey Rabie Credit Shelter Trust, The Harriet Rutter Klein Revocable Trust, The Joanne Brenda Rabie Credit Shelter Trust, The Matthew L. Klein Irrevocable Family Trust. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit A-3, # 4 Exhibit B)(Basar, Demet) (Entered: 12/17/2014)
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Legal Document (Payment Possibly Required) 991 Filed: 12/17/2014, Entered: None
MOTION for Settlement - Motion for Final Approval of Plan of Allocation for the Insurance Settlement Fund and Authorizing Distribution of the Fund. Document filed by Chateau Fiduciaire S.A., The Geoffrey Rabie Credit Shelter Trust, The Harriet Rutter Klein Revocable Trust, The Joanne Brenda Rabie Credit Shelter Trust, The Matthew L. Klein Irrevocable Family Trust. (Attachments: # 1 Text of Proposed Order)(Basar, Demet) (Entered: 12/17/2014)
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Legal Document (Payment Possibly Required) 990 Filed: 12/15/2014, Entered: None
AFFIDAVIT of Stephen J. Cirami in Support re: 987 MOTION to Approve Net Settlement Fund Plan of Allocation and Scheduling Motion for Distribution Notice of Motion by Settling Class Plaintiffs for Approval of Net Settlement Fund Plan of Allocation and Scheduling Motion for Distribution.. Document filed by Arthur E. Lange Revocable Trust. (Attachments: # 1 Exhibit A)(Entwistle, Andrew) (Entered: 12/15/2014)
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Legal Document (Payment Possibly Required) 989 Filed: 12/15/2014, Entered: None
DECLARATION of Layn R. Phillips in Support re: 987 MOTION to Approve Net Settlement Fund Plan of Allocation and Scheduling Motion for Distribution Notice of Motion by Settling Class Plaintiffs for Approval of Net Settlement Fund Plan of Allocation and Scheduling Motion for Distribution.. Document filed by Arthur E. Lange Revocable Trust. (Attachments: # 1 Exhibit A)(Entwistle, Andrew) (Entered: 12/15/2014)
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Blank 988 Filed: 12/15/2014, Entered: None
MEMORANDUM OF LAW in Support re: 987 MOTION to Approve Net Settlement Fund Plan of Allocation and Scheduling Motion for Distribution Notice of Motion by Settling Class Plaintiffs for Approval of Net Settlement Fund Plan of Allocation and Scheduling Motion for Distribution. Memorandum In Support of Motion for Approval of Net Settlement Fund Plan of Allocation and Scheduling Motion for Distribution. Document filed by Arthur E. Lange Revocable Trust. (Attachments: # 1 Exhibit A)(Entwistle, Andrew) (Entered: 12/15/2014)
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Legal Document (Payment Possibly Required) 987 Filed: 12/15/2014, Entered: None
MOTION to Approve Net Settlement Fund Plan of Allocation and Scheduling Motion for Distribution Notice of Motion by Settling Class Plaintiffs for Approval of Net Settlement Fund Plan of Allocation and Scheduling Motion for Distribution. Document filed by Arthur E. Lange Revocable Trust. (Attachments: # 1 Proposed Order)(Entwistle, Andrew) (Entered: 12/15/2014)
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Blank 986 Filed: 11/14/2014, Entered: None Court Filing
OPINION #104974 re: (60 in 1:11-cv-01687-TPG) MOTION for Reconsideration re; (56) Memorandum & Opinion, filed by Tremont Opportunity Fund III, L.P., Tremont International Insurance Fund LP, (57 in 1:11-cv-01687-TPG) MOTION for Reconsideration re; (56) Memorandum & Opinion, filed by Tremont Partners, Inc., Rye Investment Management, Tremont Group Holdings Inc. The motions for reconsideration are denied. This resolves the motions listed as document number 57 and 60 in this case, 11-cv-1687. SO ORDERED. (See Order.) (Signed by Judge Thomas P. Griesa on 11/14/2014) Filed In Associated Cases: 1:08-cv-11117-TPG, 1:11-cv-01687-TPG(ajs) Modified on 11/18/2014 (ca). (Entered: 11/17/2014)
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Blank 985 Filed: 10/3/2014, Entered: None Court Filing
JUDGMENT: NOW, THEREFORE final judgment is hereby entered in the actions The Lugano Trust et al. v. Tremont Capital Management, Inc., No. 09 Civ. 6840 (TPG) (S.D.N.Y.) and Tremont Insurance Plaintiffs' Litigation Trust v. KPMG LLP, No. 10 Civ. 9274 (TPG) (S.D.N.Y.) in favor of the Bank ofNew York Mellon, residing at One Wall Street in New York City dismissing with prejudice and as a final adjudication of all claims asserted against it by the Plaintiffs therein. SO ORDERED. (See Order.) (Signed by Judge Thomas P. Griesa on 10/3/2014) (ajs) (Entered: 10/03/2014)
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Blank 984 Filed: 10/3/2014, Entered: None Court Filing
NOTICE AND STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE OF CLAIMS AGAINST DEFENDANT BANK OF NEW YORK MELLON: Pursuant to Rule 41(a)(l)(A)(i) of the Federal Rules of Civil Procedure, Plaintiffs in The Lugano Trust et al. v. Tremont Capital Management, Inc., No. 09 Civ. 6840 (TPG) (S.D.N.Y.) and Tremont Insurance Plaintiffs' Litigation Trust v. KPMG LLP, No. 10 Civ. 9274 (TPG) (S.D.N.Y.) through their respective counsel, hereby agree and stipulate to the dismissal of all claims in the Actions against Defendant Bank of New York Mellon ("BNY"), with prejudice. Plaintiffs in the Actions and BNY further stipulate that each party shall bear its own fees and costs. SO ORDERED. (Signed by Judge Thomas P. Griesa on 10/3/2014) (ajs) (Entered: 10/03/2014)
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Legal Document (Payment Possibly Required) 983 Filed: 9/30/2014, Entered: None
DOCUMENT FILED IN CLOSED CASE - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, WITH prejudice against the defendant(s) Bank of New York Mellon Corporation. Document filed by The Tremont Insurance Plaintiffs' Litigation Trust, The Magnolia Trust, The Grenoble Trust, The Calitha Trust, Brittany Investment International Corporation II, The Clarick Trust, The Trieste Trust, The Crete Trust, The Hermitage Trust, The Corfu Trust, The Julip Trust, The Lugano Trust, 2006 Lionel Lapiner Family Trust, The Spiral Trust, The Sincerity Trust, The Sonick Trust, The Sandan Trust, The Rainbow Trust, The Lifegro Trust, The Marigold Trust, The Jaybee Trust, The Flamenco Trust, The Conick Trust, The Indigo Trust, The Mamre Trust, Trilogy Investment Corporation I, Brittany Investment International Corporation I, The Protea Trust, Trilogy Investment Corporation II, Irrevocable Trust Between Marjorie Alfus and Joel Levine CPA. (Attachments: # 1 Text of Proposed Order)Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Abramson, Glen) Modified on 10/1/2014 (jno). (Entered: 09/30/2014)
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Blank 982 Filed: 8/21/2014, Entered: None Court Filing
LETTER addressed to Judge Thomas P. Griesa from Seth M. Schwartz dated 08/21/2014 re: Response to Plaintiffs' letter, dated August 20, 2014. Document filed by Tremont Group Holdings, Inc., Tremont Partners, Inc.(Schwartz, Seth) (Entered: 08/21/2014)
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Blank 981 Filed: 8/13/2014, Entered: None Court Filing
ORDER granting 902 Motion for Joinder. Plaintiffs' motion for joinder in the reply memorandum of the Tremont Defendants is granted. This order resolves the motion listed as document number 902 in this case. (Signed by Judge Thomas P. Griesa on 8/13/2014) (lmb) (Entered: 08/13/2014)
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Blank 980 Filed: 8/4/2014, Entered: None
MANDATE of USCA (Certified Copy) as to 617 Notice of Appeal,,, filed by Madelyn Haines, Paul Zamrowski USCA Case Number 11-4030. Ordered, Adjudged and Decreed that the appeal is DISMISSED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 08/04/2014. (nd) (Entered: 08/06/2014)
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Blank 979 Filed: 7/25/2014, Entered: None Court Filing
STIPULATION AND ORDER OF DISMISSAL OF DEFENDANT MARK SANTERO. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for plaintiff and defendant Mark Santero, that defendant Mark Santero shall be and hereby is dismissed from the above-captioned action pursuant to Rule 41 of the Federal Rules of Civil Procedure, without prejudice, with each party to bear its or his own costs. (Signed by Judge Thomas P. Griesa on 7/25/2014) (rjm) (Entered: 07/28/2014)
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Blank 978 Filed: 7/23/2014, Entered: None Court Filing
LETTER addressed to Judge Thomas P. Griesa from Seth M. Schwartz dated 07/23/2014 re: Second Circuit Opinion. Document filed by Tremont Partners, Inc.(Schwartz, Seth) (Entered: 07/23/2014)
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Blank 977 Filed: 7/2/2014, Entered: None Court Filing
MEMO ENDORSEMENT on re: (208 in 1:12-cv-09064-TPG) Notice (Other) filed by MassMutual Holding Company, Massachusetts Mutual Life Insurance Company. ENDORSEMENT: SO ORDERED. Attorney Joseph L. Kociubes terminated. (Signed by Judge Thomas P. Griesa on 7/2/2014) (rjm) (Entered: 07/03/2014)
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Blank 976 Filed: 7/2/2014, Entered: None Court Filing
MEMO ENDORSEMENT on re: (207 in 1:12-cv-09063-TPG) Notice (Other) filed by MassMutual Holding Company, Massachusetts Mutual Life Insurance Company. ENDORSEMENT: SO ORDERED. Attorney Joseph L. Kociubes terminated. (Signed by Judge Thomas P. Griesa on 7/2/2014) (tn) (Entered: 07/03/2014)
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Legal Document (Payment Possibly Required) 975 Filed: 7/2/2014, Entered: None Court Filing
MEMO ENDORSEMENT on re: (214 in 1:12-cv-09061-TPG) Notice (Other) filed by MassMutual Holding Company, Massachusetts Mutual Life Insurance Company. ENDORSEMENT: SO ORDERED. Attorney Joseph L. Kociubes terminated. (Signed by Judge Thomas P. Griesa on 7/2/2014) (tn) (Entered: 07/03/2014)
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Blank 974 Filed: 7/2/2014, Entered: None Court Filing
MEMO ENDORSEMENT on re: (189 in 1:12-cv-09058-TPG) Notice (Other) filed by MassMutual Holding Company, Massachusetts Mutual Life Insurance Company. ENDORSEMENT: SO ORDERED. Attorney Joseph L. Kociubes terminated. (Signed by Judge Thomas P. Griesa on 7/2/2014) (tn) (Entered: 07/03/2014)
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Blank 973 Filed: 7/2/2014, Entered: None Court Filing
MEMO ENDORSEMENT on re: (207 in 1:12-cv-09060-TPG) Notice (Other) filed by MassMutual Holding Company, Massachusetts Mutual Life Insurance Company. ENDORSEMENT: SO ORDERED. Attorney Joseph L. Kociubes terminated. (Signed by Judge Thomas P. Griesa on 7/2/2014) (tn) (Entered: 07/03/2014)
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Blank 972 Filed: 7/2/2014, Entered: None Court Filing
MEMO ENDORSEMENT on re: (210 in 1:12-cv-09062-TPG) Notice (Other) filed by MassMutual Holding Company, Massachusetts Mutual Life Insurance Company. ENDORSEMENT: SO ORDERED. Attorney Joseph L. Kociubes terminated. (Signed by Judge Thomas P. Griesa on 7/2/2014) (tn) (Entered: 07/03/2014)
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Blank 971 Filed: 7/2/2014, Entered: None Court Filing
MEMO ENDORSEMENT on re: 966 Notice (Other) filed by Massachusetts Mutual Life Insurance Company, MassMutual Holding LLC. ENDORSEMENT: SO ORDERED. (Signed by Judge Thomas P. Griesa on 7/2/2014) (tn) Modified on 7/3/2014 (tn). (Entered: 07/03/2014)
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Blank 970 Filed: 7/2/2014, Entered: None Court Filing
MEMO ENDORSEMENT on re: (196 in 1:12-cv-09057-TPG) Notice (Other) filed by MassMutual Holding Company, Massachusetts Mutual Life Insurance Company. ENDORSEMENT: SO ORDERED. Attorney Joseph L. Kociubes terminated. (Signed by Judge Thomas P. Griesa on 7/2/2014) (tn) (Entered: 07/03/2014)
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Blank 968 Filed: 6/30/2014, Entered: None
JOINDER to join re: 967 Reply Memorandum of Law in Support of Motion, . Document filed by RYE Select Broad Market Fund, L.P, RYE Select Broad Market Prime Fund, L.P, Rye Select Broad Market XL Fund LP, Tremont Market Neutral Fund II LP, Tremont Opportunity Fund II LP.(Kanfer, David) (Entered: 06/30/2014)
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Blank 967 Filed: 6/30/2014, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 960 MOTION to Vacate 942 Memorandum & Opinion,,,,, . MOTION for Limited Relief from the Stay Entered on May 22, 2014 re: 956 Order on Motion for Certificate of Appealability,, . . Document filed by Tremont Group Holdings, Inc., Tremont Partners, Inc. (Schwartz, Seth) (Entered: 06/30/2014)
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Blank 966 Filed: 6/30/2014, Entered: None
NOTICE of Withdrawal of Appearance of Joseph J. Kociubes. Document filed by MassMutual Holding LLC, Massachusetts Mutual Life Insurance Company. (Blanchard, Michael) (Entered: 06/30/2014)
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Blank 965 Filed: 6/5/2014, Entered: None Court Filing
ORDER. Because there is no opposition and for the reasons stated in its motion, non-party KPMG LLP's motion to intervene for purposes of interlocutory appeal is granted. See Fed. R. Civ. P. 24(b). So ordered. Granting 958 Motion to Intervene. (Signed by Judge Thomas P. Griesa on 6/5/2014) (rjm) (Entered: 06/05/2014)
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Blank 964 Filed: 6/4/2014, Entered: None
JOINDER to join re: 961 Memorandum of Law in Support of Motion, 960 MOTION to Vacate 942 Memorandum & Opinion,,,,, . MOTION for Limited Relief from the Stay Entered on May 22, 2014 re: 956 Order on Motion for Certificate of Appealability,, . The MassMutual Defendants' and Oppenheimer Acquisition Corp's Joinder in Tremont's Motion. Document filed by Massachusetts Mutual Life Insurance Company, MassMutual Holding LLC.(Head, Carol) (Entered: 06/04/2014)
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Blank 963 Filed: 6/4/2014, Entered: None
JOINDER to join re: 961 Memorandum of Law in Support of Motion, 960 MOTION to Vacate 942 Memorandum & Opinion,,,,, . MOTION for Limited Relief from the Stay Entered on May 22, 2014 re: 956 Order on Motion for Certificate of Appealability,, . . Document filed by RYE Select Broad Market Fund, L.P, RYE Select Broad Market Prime Fund, L.P, Rye Select Broad Market XL Fund LP, Tremont Market Neutral Fund II LP, Tremont Opportunity Fund II LP.(Kanfer, David) (Entered: 06/04/2014)
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Legal Document (Payment Possibly Required) 962 Filed: 6/3/2014, Entered: None
DECLARATION of Jason C. Vigna in Support re: 960 MOTION to Vacate 942 Memorandum & Opinion,,,,, . MOTION for Limited Relief from the Stay Entered on May 22, 2014 re: 956 Order on Motion for Certificate of Appealability,, .. Document filed by Tremont Group Holdings, Inc., Tremont Partners, Inc. (Schwartz, Seth) (Entered: 06/03/2014)
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Blank 961 Filed: 6/3/2014, Entered: None
MEMORANDUM OF LAW in Support re: 960 MOTION to Vacate 942 Memorandum & Opinion,,,,, . MOTION for Limited Relief from the Stay Entered on May 22, 2014 re: 956 Order on Motion for Certificate of Appealability,, . . Document filed by Tremont Group Holdings, Inc., Tremont Partners, Inc. (Schwartz, Seth) (Entered: 06/03/2014)
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Blank 960 Filed: 6/3/2014, Entered: None
MOTION to Vacate 942 Memorandum & Opinion,,,,, ., MOTION for Limited Relief from the Stay Entered on May 22, 2014 re: 956 Order on Motion for Certificate of Appealability,, . Document filed by Tremont Group Holdings, Inc., Tremont Partners, Inc.(Schwartz, Seth) (Entered: 06/03/2014)
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Blank 959 Filed: 5/30/2014, Entered: None
MEMORANDUM OF LAW in Support re: 958 MOTION to Intervene for Purposes of Interlocutory Appeal. . Document filed by KPMG LLP. (Ballard, Gregory) (Entered: 05/30/2014)
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Blank 958 Filed: 5/30/2014, Entered: None
MOTION to Intervene for Purposes of Interlocutory Appeal. Document filed by KPMG LLP.(Ballard, Gregory) (Entered: 05/30/2014)
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Blank 957 Filed: 5/29/2014, Entered: None Court Filing
LETTER addressed to Judge Thomas P. Griesa from Seth M. Schwartz dated 05/29/2014 re: Second Circuit Opinion. Document filed by Tremont Partners, Inc.(Schwartz, Seth) (Entered: 05/29/2014)
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Blank 956 Filed: 5/22/2014, Entered: None Court Filing
ORDER. Defendants' motion is granted. The court certifies for interlocutory appeal its order dated April 14, 2014. See In re Tremont, 08 Civ. 11117, 2014 WL 1465713. These cases are stayed pending resolution of the interlocutory appeal. This order resolves the motions listed as document number 945 in case number 08 Civ. 11117; document number 167 in 12 Civ. 9057; document number 160 in 12 Civ. 9058; document number 178 in 12 Civ. 9060; document number 185 in 12 Civ. 9061; document number 181 in 12 Civ. 9062; document number 176 in 12 Civ. 9063; and document number 179 in 12 Civ. 9064. So ordered. Granting 945 Motion for Certificate of Appealability. (Signed by Judge Thomas P. Griesa on 5/22/2014) (rjm) (Entered: 05/22/2014)
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Blank 955 Filed: 5/19/2014, Entered: None
JOINDER to join re: 954 Reply Memorandum of Law in Support of Motion . Document filed by RYE Select Broad Market Fund, L.P, RYE Select Broad Market Prime Fund, L.P, Rye Select Broad Market XL Fund LP, Tremont Market Neutral Fund II LP, Tremont Opportunity Fund II LP.(Kanfer, David) (Entered: 05/19/2014)
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Blank 954 Filed: 5/19/2014, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 945 MOTION for Certificate of Appealability. . Document filed by Tremont Group Holdings, Inc., Tremont Partners, Inc. (Schwartz, Seth) (Entered: 05/19/2014)
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Legal Document (Payment Possibly Required) 953 Filed: 5/16/2014, Entered: None
JOINDER to join re: 951 Memorandum of Law in Opposition to Plaintiffs' Motion For Reinstatement of Their State Court Complaints. Document filed by Massachusetts Mutual Life Insurance Company, Massmutual Holding LLC.(Head, Carol) (Entered: 05/16/2014)
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Legal Document (Payment Possibly Required) 952 Filed: 5/15/2014, Entered: None
JOINDER to join re: 951 Memorandum of Law in Opposition /The Funds' Joinder in the Opposition Brief of the Tremont Defendants. Document filed by RYE Select Broad Market Fund, L.P, RYE Select Broad Market Prime Fund, L.P, Rye Select Broad Market XL Fund LP, Tremont Market Neutral Fund II LP, Tremont Opportunity Fund II LP.(Kanfer, David) (Entered: 05/15/2014)
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Legal Document (Payment Possibly Required) 951 Filed: 5/15/2014, Entered: None
MEMORANDUM OF LAW in Opposition . Document filed by Tremont Group Holdings, Inc., Tremont Partners, Inc. (Schwartz, Seth) (Entered: 05/15/2014)
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Legal Document (Payment Possibly Required) 950 Filed: 5/12/2014, Entered: None
DECLARATION of Gregory Ballard re: 949 Memorandum of Law in Opposition . Document filed by KPMG LLP. (Attachments: # 1 Exhibit A - Letter from Schwartz., # 2 Exhibit B - Final Award., # 3 Exhibit C - Confirmation of Final Award, # 4 Exhibit D - Excerpts from Transcript., # 5 Exhibit E - Schultz v Stoner Third Supplemental and Amended Compl, # 6 Exhibit F - Quiroga v Fall River Music Amended Compl, # 7 Exhibit G - Quiroga v Fall River Music Second Amended Compl)(Ballard, Gregory) (Entered: 05/12/2014)
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Legal Document (Payment Possibly Required) 949 Filed: 5/12/2014, Entered: None
MEMORANDUM OF LAW in Opposition . Document filed by KPMG LLP. (Ballard, Gregory) (Entered: 05/12/2014)
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Blank 948 Filed: 4/28/2014, Entered: None
JOINDER to join re: 945 MOTION for Certificate of Appealability. The MassMutual Defendants' and Oppenheimer Acquistion Corp.'s Joinder in Tremont's Motion For Certification of Interlocutory Appeal. Document filed by Massachusetts Mutual Life Insurance Company, Massmutual Holding LLC.(Head, Carol) (Entered: 04/28/2014)
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Blank 947 Filed: 4/25/2014, Entered: None
JOINDER to join re: 945 MOTION for Certificate of Appealability.. Document filed by RYE Select Broad Market Fund, L.P, RYE Select Broad Market Prime Fund, L.P, Rye Select Broad Market XL Fund LP, Tremont Market Neutral Fund II LP, Tremont Opportunity Fund II LP.(Kanfer, David) (Entered: 04/25/2014)
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Blank 946 Filed: 4/25/2014, Entered: None
MEMORANDUM OF LAW in Support re: 945 MOTION for Certificate of Appealability.. Document filed by Tremont Group Holdings, Inc., Tremont Partners, Inc. (Schwartz, Seth) (Entered: 04/25/2014)
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Blank 945 Filed: 4/25/2014, Entered: None
MOTION for Certificate of Appealability. Document filed by Tremont Group Holdings, Inc., Tremont Partners, Inc.(Schwartz, Seth) (Entered: 04/25/2014)
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Blank 944 Filed: 4/24/2014, Entered: None
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION proceeding held on 4/11/14 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...(Rodriguez, Somari) (Entered: 04/24/2014)
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Legal Document (Payment Possibly Required) 943 Filed: 4/24/2014, Entered: None Court Filing
TRANSCRIPT of Proceedings re: MOTION held on 4/11/2014 before Judge Thomas P. Griesa. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/19/2014. Redacted Transcript Deadline set for 5/30/2014. Release of Transcript Restriction set for 7/28/2014.(Rodriguez, Somari) (Entered: 04/24/2014)
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Legal Document (Payment Possibly Required) 942 Filed: 4/14/2014, Entered: None Court Filing
OPINION 104213. Plaintiff's motion is granted in part and denied in part. Plaintiffs' state-law claims are not precluded by SLUSA. Plaintiffs will be permitted to amend their complaint, pending the court's decision on whether KPMG can properly be added as a party. Plaintiffs' motion to remand the action to state court is denied. Defendants' motions to dismiss and motion for judgment on the pleadings are denied. This opinion resolves the motions listed as documents number 904, 906, and 909 in case number 08 Civ. 11117; documents number 130, 132, and 133 in 12 Civ. 9057; documents number 123, 125, and 126 in 12 Civ. 9058; documents number 139, 141, and 142 in 12 Civ. 9060; documents number 149, 151, and 152 in 12 Civ. 9061; documents number 144, 146, 147 in 12 Civ. 9062; documents number 138, 140, and 141 in 12 Civ. 9063; and documents number 142, 144, and 145 in 12 Civ. 9064. Re: 904 MOTION to Dismiss /Notice of Motion to Dismiss the Consolidated Amended Complaint filed by Massmutual Holding LLC, Massachusetts Mutual Life Insurance Company, 906 MOTION to Dismiss the Consolidated Amended Complaint filed by Oppenheimer Acquisition Corporation, 909 MOTION for Judgment on the Pleadings filed by Tremont Group Holdings, Inc., Tremont Partners, Inc. (Signed by Judge Thomas P. Griesa on 4/14/2014) (rjm) Modified on 4/17/2014 (nt). (Entered: 04/14/2014)
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Legal Document (Payment Possibly Required) 941 Filed: 4/11/2014, Entered: None Court Filing
ORDER FOR ADMISSION PRO HAC VICE granting 940 Motion for Nicholas J. Nelson to Appear Pro Hac Vice. (Signed by Judge Thomas P. Griesa on 4/11/2014) (rjm) (Entered: 04/11/2014)
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Legal Document (Payment Possibly Required) 940 Filed: 4/11/2014, Entered: None
AMENDED MOTION for Nicholas James Nelson to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Spectrum Equities, L.P., Spectrum Select II, L.P.. (Attachments: # 1 Certificate of Good Standing, # 2 [Proposed] Order)(Nelson, Nicholas) (Entered: 04/11/2014)
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Legal Document (Payment Possibly Required) 939 Filed: 4/9/2014, Entered: None Court Filing
ORDER granting 932 Motion to Intervene. Non-party KPMG LLP moves to intervene so that it can oppose plaintiffs' motion to reinstate their state-law complaints. The state-law complaints named KPMG as a defendant, but the current, operative complaint does not name KPMG as a defendant. Accordingly, KPMG has an interest in opposing plaintiffs' motion to reinstate the original complaints. KMPG's motion to intervene is granted. (Signed by Judge Thomas P. Griesa on 4/9/2014) (lmb) (Entered: 04/09/2014)
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Legal Document (Payment Possibly Required) 938 Filed: 4/8/2014, Entered: None
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Nicholas James Nelson to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9543377. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Spectrum Equities, L.P., Spectrum Select II, L.P.. (Attachments: # 1 Certificate of Good Standing, # 2 [Proposed] Order)(Nelson, Nicholas) Modified on 4/8/2014 (bcu). (Entered: 04/08/2014)
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Blank 937 Filed: 3/25/2014, Entered: None
JOINDER to join re: 935 Memorandum of Law in Opposition /The Funds' Joinder in the Opposition Brief of the Tremont Defendants. Document filed by RYE Select Broad Market Fund, L.P, RYE Select Broad Market Prime Fund, L.P, Rye Select Broad Market XL Fund LP, Tremont Market Neutral Fund II LP, Tremont Opportunity Fund II LP.(Kanfer, David) (Entered: 03/25/2014)
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Blank 936 Filed: 3/24/2014, Entered: None
JOINDER to join re: 935 Memorandum of Law in Opposition. Document filed by Massachusetts Mutual Life Insurance Company, Massmutual Holding LLC, Oppenheimer Acquisition Corporation.(Kotler, David) (Entered: 03/24/2014)
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Blank 935 Filed: 3/24/2014, Entered: None
MEMORANDUM OF LAW in Opposition re: 927 Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by Tremont Group Holdings, Inc., Tremont Partners, Inc. (Schwartz, Seth) (Entered: 03/24/2014)
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Blank 934 Filed: 3/24/2014, Entered: None
DECLARATION of Gregory G. Ballard in Support re: 932 MOTION to Intervene.. Document filed by KPMG LLP. (Attachments: # 1 Exhibit 1 to Ballard Decl - KPMG Memo of Law in Opp to Order to Show Cause, # 2 Exhibit 2 (Part 1 of 3) to Ballard Decl - Ballard Decl and Exhibits A-G in Support of Opp to Order to Show Cause, # 3 Exhibit 2 (Part 2 of 3) to Ballard Decl - Exhibit H to Ballard Decl in Support of Opp to Order to Show Cause, # 4 Exhibit 2 (Part 3 of 3) to Ballard Decl - Exhibits I-J to Ballard Decl in Support of Opp to Order to Show Cause)(Ballard, Gregory) (Entered: 03/24/2014)
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Blank 933 Filed: 3/24/2014, Entered: None
MEMORANDUM OF LAW in Support re: 932 MOTION to Intervene.. Document filed by KPMG LLP. (Ballard, Gregory) (Entered: 03/24/2014)
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Blank 932 Filed: 3/24/2014, Entered: None
MOTION to Intervene. Document filed by KPMG LLP.(Ballard, Gregory) (Entered: 03/24/2014)
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Blank 931 Filed: 3/14/2014, Entered: None Court Filing
ORDER FOR ADMISSION PRO HAC VICE granting 928 Motion for James L. Volling to Appear Pro Hac Vice. (Signed by Judge Thomas P. Griesa on 3/14/2014) (rjm) (Entered: 03/17/2014)
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Blank 930 Filed: 3/14/2014, Entered: None Court Filing
ORDER FOR ADMISSION PRO HAC VICE granting 929 Motion for Deborah A. Ellingboe to Appear Pro Hac Vice. (Signed by Judge Thomas P. Griesa on 3/14/2014) (rjm). (Entered: 03/17/2014)
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Legal Document (Payment Possibly Required) 929 Filed: 3/13/2014, Entered: None
MOTION for Deborah A. Ellingboe to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9451055. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Spectrum Equities, L.P., Spectrum Select II, L.P.. (Attachments: # 1 Certificate of Good Standing of Deborah Ellingboe, # 2 [Proposed] Order for Admission Pro Hac Vice)(Ellingboe, Deborah) (Entered: 03/13/2014)
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Legal Document (Payment Possibly Required) 928 Filed: 3/13/2014, Entered: None
MOTION for James L. Volling to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9450954. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Spectrum Equities, L.P., Spectrum Select II, L.P.. (Attachments: # 1 Certificate of Good Standing of James Volling, # 2 [Proposed] Order for Admission Pro Hac Vice)(Volling, James) (Entered: 03/13/2014)
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Legal Document (Payment Possibly Required) 927 Filed: 3/10/2014, Entered: None Court Filing
ORDER TO SHOW CAUSE FOR REINSTATEMENT OF STATE LAW COMPLAINTS, WITHDRAWAL OF FEDERAL CLAIMS, AND REMAND. It is ORDERED, that the above named defendants show cause before a motion term of this Court, at Room 26B, United States Courthouse, 500 Pearl Street, in the City, County and State of New York, on April 11, 2014, at 11:30 o'clock in the morning thereof, or as soon thereafter as counsel may be heard, why an order should not be issued that (1) Plaintiffs' operative complaints at the time of removal should be reinstated; (2) Plaintiffs federal-law claims are withdrawn; and (3) these matters are remanded to Florida state court in Palm Beach County. IT IS FURTHER ORDERED THAT Defendants shall serve and file their papers in opposition to Plaintiffs' motion, if any, by 3/24/2014. IT IS FURTHER ORDERED THAT Plaintiffs shall serve and file their reply papers, if any, by 3/31/2014. (Show Cause Hearing set for 4/11/2014 at 11:30 AM in Courtroom 26B, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Thomas P. Griesa.), (Replies due by 3/31/2014.) (Show Cause Response due by 3/24/2014). (Signed by Judge Thomas P. Griesa on 3/10/2014) Filed In Associated Cases: 1:09-md-02052-TPG et al.(rjm) (Entered: 03/10/2014)
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Blank 926 Filed: 2/28/2014, Entered: None
REPLY MEMORANDUM OF LAW in Support re: (906 in 1:08-cv-11117-TPG) MOTION to Dismiss the Consolidated Amended Complaint., (261 in 1:08-cv-11183-TPG) MOTION to Dismiss the Consolidated Amended Complaint.. Document filed by Oppenheimer Acquisition Corporation, Oppenheimer Acquistion Corporation. Filed In Associated Cases: 1:08-cv-11117-TPG, 1:08-cv-11183-TPG(Kotler, David) (Entered: 02/28/2014)
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Blank 925 Filed: 2/28/2014, Entered: None
NOTICE OF APPEARANCE by Michael Douglas Blanchard on behalf of Massachusetts Mutual Life Insurance Company, Massmutual Holding LLC. (Blanchard, Michael) (Entered: 02/28/2014)
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Blank 924 Filed: 2/28/2014, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 904 MOTION to Dismiss /Notice of Motion to Dismiss the Consolidated Amended Complaint.. Document filed by Massachusetts Mutual Life Insurance Company, Massmutual Holding LLC. (Attachments: # 1 Exhibit A)(Head, Carol) (Entered: 02/28/2014)
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Blank 923 Filed: 2/28/2014, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 909 MOTION for Judgment on the Pleadings.. Document filed by Tremont Group Holdings, Inc., Tremont Partners, Inc. (Schwartz, Seth) (Entered: 02/28/2014)
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Sealed Legal Document 922 Filed: 1/31/2014, Entered: None
SEALED DOCUMENT placed in vault.(nm) (Entered: 01/31/2014)
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Blank 921 Filed: 1/27/2014, Entered: None
ORDER of USCA (Certified Copy) as to (615 in 1:08-cv-11117-TPG, 213 in 1:08-cv-11183-TPG, 41 in 1:11-cv-01851-TPG, 16 in 1:10-cv-09251-TPG, 133 in 1:08-cv-11212-TPG, 148 in 1:09-cv-00557-TPG) Notice of Appeal, filed by 2005 Tomchin Family Charitable Trust, Lakeview Investments, LP, Phoenix Lake Partners, LP, Edward L White, (149 in 1:09-cv-00557-TPG, 134 in 1:08-cv-11212-TPG, 42 in 1:11-cv-01851-TPG, 214 in 1:08-cv-11183-TPG, 17 in 1:10-cv-09251-TPG, 617 in 1:08-cv-11117-TPG) Notice of Appeal,,, filed by Madelyn Haines, Paul Zamrowski USCA Case Number 11-3899(L); 11-4030 (con). Following remand and the subsequent restoration of this Court's jurisdiction, Appellants Madelyn Haines and Paul Zamrowski seek an order requiring the district court to forward the remand record to this Court in the same manner as it ordinarily does when a notice of appeal is first filed. It is hereby ordered that the motion is GRANTED, and the district court is instructed to forward the record accordingly. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 1/27/2014. Filed In Associated Cases: 1:08-cv-11117-TPG et al.(nd) (Entered: 01/28/2014)
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Blank 920 Filed: 1/17/2014, Entered: None
ORDER of USCA (Certified Copy) as to 617 Notice of Appeal,,, filed by Madelyn Haines, Paul Zamrowski USCA Case Number 11-3899(L); 11-4030(con). Appellants Madelyn Haines and Paul Zamrowski move to vacate the district court's final judgment and December 13, 2013 order. IT IS HEREBY ORDERED that the motion is DENIED on the ground that all of the issues in this case, including Appellants' argument on subject matter jurisdiction, still await a final decision from this Court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Order: 1/16/2014. Certified: 1/16/2014. (nd) (Entered: 01/17/2014)
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Blank 919 Filed: 1/8/2014, Entered: None
ORDER of USCA (Certified Copy) as to (131 in 1:08-cv-11212-TPG, 14 in 1:10-cv-09251-TPG, 613 in 1:08-cv-11117-TPG, 211 in 1:08-cv-11183-TPG, 146 in 1:09-cv-00557-TPG, 39 in 1:11-cv-01851-TPG) Notice of Appeal, filed by Orloff Family Trust, (149 in 1:09-cv-00557-TPG, 134 in 1:08-cv-11212-TPG, 42 in 1:11-cv-01851-TPG, 214 in 1:08-cv-11183-TPG, 17 in 1:10-cv-09251-TPG, 617 in 1:08-cv-11117-TPG) Notice of Appeal,,, filed by Madelyn Haines, Paul Zamrowski USCA Case Number 11-3899(L); 11-4030(con). By Summary Order dated October 25, 2013, the Court remanded this matter to the district court pursuant to the procedure outlined in United States v. Jacobson, 15 F.3d 19, 22 (2d Cir. 1994), and permitted any party to restore jurisdiction to this Court within 30 days after the district court's decision by filing a letter with the Clerks Office. By letters dated December 16, 2013, and December 23, 2013, the parties informed the Court of the district courts decision on remand and in accordance with the Court's October 25, 2013 Summary Order sought restoration of this Court's jurisdiction.IT IS HEREBY ORDERED that the mandate is recalled and the appeal is reinstated. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 01/08/2014. Filed In Associated Cases: 1:08-cv-11117-TPG et al.(nd) (Entered: 01/10/2014)
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Blank 918 Filed: 12/23/2013, Entered: None Court Filing
STIPULATION AND ORDER: IT IS HEREBY STIPULATED by and between the undersigned counsel for the parties hereto as follows: The time for Plaintiffs to file papers in opposition to the motions to dismiss Plaintiffs' Consolidated Amended Complaint by Defendants Oppenheimer Acquisition Corp., Massachusetts Mutual Life Insurance Company, and Mass Mutual Holding Company (the "Oppenheimer and MassMutual Defendants"), to the motion for judgment on the pleadings dismissing the Consolidated Amended Complaint by Defendants Tremont Group Holdings, Inc. and Tremont Partners, Inc. (the "Tremont Defendants"), and to the joinder to the Tremont Defendants' motion for judgment on the pleadings by Rye Select Broad Market Fund, L.P., Rye Select Broad Market Prime Fund, L.P., Rye Select Broad Market XL Fund, L.P., Tremont Market Neutral Fund II, L.P. and Tremont Opportunity Fund II, L.P. (the "Rye Funds") shall be and hereby is adjourned from December 23, 2013 until January 31, 2014. The time for the Oppenheimer, MassMutual, Tremont, and Rye Fund Defendants to file reply papers in further support of their motions to dismiss and for judgment on the pleadings shall be and hereby is adjourned from February 10, 2014 until February 28, 2014. SO ORDERED. ( Responses due by 1/31/2014, Replies due by 2/28/2014.) (Signed by Judge Thomas P. Griesa on 12/23/2013) (ama) (Entered: 12/23/2013)
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Legal Document (Payment Possibly Required) 917 Filed: 12/23/2013, Entered: None
DECLARATION of Vincent T. Gresham re: (913 in 1:08-cv-11117-TPG) Order. Document filed by Madelyn Haines. Filed In Associated Cases: 1:08-cv-11117-TPG et al.(Gresham, Vincent) (Entered: 12/23/2013)
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Legal Document (Payment Possibly Required) 916 Filed: 12/19/2013, Entered: None
JOINDER to join re: 909 MOTION for Judgment on the Pleadings. THE RYE FUNDS' JOINDER IN THE TREMONT DEFENDANTS' MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION FOR JUDGMENT ON THE PLEADINGS. Document filed by RYE Select Broad Market Fund, L.P, RYE Select Broad Market Prime Fund, L.P, Rye Select Broad Market XL Fund LP, Tremont Market Neutral Fund II LP, Tremont Opportunity Fund II LP.(Kanfer, David) (Entered: 12/19/2013)
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Legal Document (Payment Possibly Required) 915 Filed: 12/19/2013, Entered: None
ANSWER to Complaint. Document filed by Rye Select Broad Market Fund, Rye Select Broad Market Prime Fund LP, Rye Select Broad Market XL Fund LP, Tremont Market Neutral Fund II LP, Tremont Opportunity Fund II LP.(Kanfer, David) (Entered: 12/19/2013)
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Legal Document (Payment Possibly Required) 914 Filed: 12/13/2013, Entered: None Court Filing
STIPULATION AND ORDER REGARDING SCOPE OF SETTLEMENT RELEASES: that Appellants' potential $80,000 claim arising out of the Trustee Settlement was not released or otherwise discharged by the Settlement and dismissal of the Actions. (Signed by Judge Thomas P. Griesa on 12/13/2013) Filed In Associated Cases: 1:08-cv-11117-TPG, 1:08-cv-11183-TPG, 1:08-cv-11212-TPG, 1:09-cv-00557-TPG (tn) (Entered: 12/13/2013)
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Legal Document (Payment Possibly Required) 913 Filed: 12/13/2013, Entered: None Court Filing
ORDER: Haines' motion to file a sur-reply declaration is granted. (Signed by Judge Thomas P. Griesa on 12/13/2013) (tn) (Entered: 12/13/2013)
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Blank 912 Filed: 12/10/2013, Entered: None
REPLY re: (910 in 1:08-cv-11117-TPG) Memorandum of Law in Opposition,. Document filed by Madelyn Haines. Filed In Associated Cases: 1:08-cv-11117-TPG et al.(Gresham, Vincent) (Entered: 12/10/2013)
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Blank 911 Filed: 12/9/2013, Entered: None Court Filing
STIPULATION AND ORDER: IT IS HEREBY STIPULATED, by and between the undersigned counsel for the parties hereto, as follows: 1. The time for defendants Tremont Partners, Inc. Tremont Group Holdings, Inc., Oppenheimer Acquisition Corp., MassMutual Holding LLC and Massachusetts Mutual Life Insurance Company to answer, move against or otherwise respond to plaintiffs' consolidated amended complaint (the "Complaint") shall be and hereby is adjourned from December 5, 2013 until December 6, 2013. SO ORDERED. (Signed by Judge Thomas P. Griesa on 12/09/2013) (ama) (Entered: 12/09/2013)
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Blank 910 Filed: 12/9/2013, Entered: None
MEMORANDUM OF LAW in Opposition re: (903 in 1:08-cv-11117-TPG) Response,. Document filed by Rupert Allan, Steven Thomas Clayton, Harry Hodges, Lynn O. Keeshan, Patrick Kelly, Jim Mitchell, Stuart Pologe, Rye Investment Management, Robert I. Schulman, Tremont (Bermuda) Ltd, Tremont Capital Management Inc., Tremont Group Holdings, Inc., Tremont Partners, Inc, Cynthia J. Nicoll. Filed In Associated Cases: 1:08-cv-11117-TPG, 1:08-cv-11183-TPG, 1:08-cv-11212-TPG, 1:09-cv-00557-TPG(Schwartz, Seth) (Entered: 12/09/2013)
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Blank 909 Filed: 12/6/2013, Entered: None
MOTION for Judgment on the Pleadings. Document filed by Tremont Group Holdings, Inc., Tremont Partners, Inc.(Schwartz, Seth) (Entered: 12/06/2013)
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Blank 908 Filed: 12/6/2013, Entered: None
ANSWER to Complaint. Document filed by Tremont Group Holdings, Inc., Tremont Partners, Inc. (Attachments: # 1 Exhibit 1 through 30, # 2 Exhibit 31 through 57, # 3 Exhibit 58 through 89, # 4 Exhibit 90 through 93, # 5 Exhibit 94 through 95)(Schwartz, Seth) (Entered: 12/06/2013)
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Blank 907 Filed: 12/6/2013, Entered: None
MEMORANDUM OF LAW in Support re: 906 MOTION to Dismiss the Consolidated Amended Complaint.. Document filed by Oppenheimer Acquisition Corporation. (Kotler, David) (Entered: 12/06/2013)
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Blank 906 Filed: 12/6/2013, Entered: None
MOTION to Dismiss the Consolidated Amended Complaint. Document filed by Oppenheimer Acquisition Corporation.(Kotler, David) (Entered: 12/06/2013)
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Legal Document (Payment Possibly Required) 905 Filed: 12/6/2013, Entered: None
MEMORANDUM OF LAW in Support re: 904 MOTION to Dismiss /Notice of Motion to Dismiss the Consolidated Amended Complaint.. Document filed by Massachusetts Mutual Life Insurance Company, Massmutual Holding LLC. (Attachments: # 1 Addendum A, # 2 Addendum B)(Head, Carol) (Entered: 12/06/2013)
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Blank 904 Filed: 12/6/2013, Entered: None
MOTION to Dismiss /Notice of Motion to Dismiss the Consolidated Amended Complaint. Document filed by Massachusetts Mutual Life Insurance Company, Massmutual Holding LLC.(Head, Carol) (Entered: 12/06/2013)
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Legal Document (Payment Possibly Required) 903 Filed: 12/5/2013, Entered: None
RESPONSE re: (900 in 1:08-cv-11117-TPG) Reply Memorandum of Law, (902 in 1:08-cv-11117-TPG) MOTION for Joinder Plaintiffs' Joinder in Reply Memorandum of the Tremont Defendants on Remand from the Second Circuit., (901 in 1:08-cv-11117-TPG) Declaration,,. Document filed by Madelyn Haines. Filed In Associated Cases: 1:08-cv-11117-TPG et al.(Gresham, Vincent) (Entered: 12/05/2013)
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Blank 902 Filed: 12/3/2013, Entered: None
MOTION for Joinder Plaintiffs' Joinder in Reply Memorandum of the Tremont Defendants on Remand from the Second Circuit. Document filed by Arthur E. Lange Revocable Trust.(Entwistle, Andrew) (Entered: 12/03/2013)
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Legal Document (Payment Possibly Required) 901 Filed: 12/3/2013, Entered: None
DECLARATION of Jason C. Vigna re: (900 in 1:08-cv-11117-TPG) Reply Memorandum of Law,. Document filed by Rupert Allan, Steven Thomas Clayton, Harry Hodges, Lynn O. Keeshan, Patrick Kelly, Jim Mitchell, Stuart Pologe, Rye Investment Management, Robert I. Schulman, Tremont (Bermuda) Ltd, Tremont Capital Management Inc., Tremont Group Holdings, Inc., Tremont Partners, Inc, Cynthia J. Nicoll. Filed In Associated Cases: 1:08-cv-11117-TPG, 1:08-cv-11183-TPG, 1:08-cv-11212-TPG, 1:09-cv-00557-TPG(Schwartz, Seth) (Entered: 12/03/2013)
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Legal Document (Payment Possibly Required) 900 Filed: 12/3/2013, Entered: None
REPLY MEMORANDUM OF LAW re: (889 in 1:08-cv-11117-TPG) Memorandum of Law,. Document filed by Rupert Allan, Steven Thomas Clayton, Harry Hodges, Lynn O. Keeshan, Patrick Kelly, Jim Mitchell, Stuart Pologe, Rye Investment Management, Robert I. Schulman, Tremont (Bermuda) Ltd, Tremont Capital Management Inc., Tremont Group Holdings, Inc., Tremont Partners, Inc, Cynthia J. Nicoll. Filed In Associated Cases: 1:08-cv-11117-TPG, 1:08-cv-11183-TPG, 1:08-cv-11212-TPG, 1:09-cv-00557-TPG(Schwartz, Seth) (Entered: 12/03/2013)
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Blank 899 Filed: 11/26/2013, Entered: None
MEMORANDUM OF LAW in Opposition Corrected Joinder to Haines' Opposition. Document filed by George P Turner. Filed In Associated Cases: 1:08-cv-11117-TPG et al.(Gresham, Vincent) (Entered: 11/26/2013)
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Legal Document (Payment Possibly Required) 898 Filed: 11/26/2013, Entered: None
MEMORANDUM OF LAW in Opposition (Corrected). Document filed by Madelyn Haines. (Attachments: # 1 Exhibit Exhibit 1 (part a), # 2 Exhibit Exhibit 1 (part b), # 3 Exhibit Exhibit 2)Filed In Associated Cases: 1:08-cv-11117-TPG et al.(Gresham, Vincent) (Entered: 11/26/2013)
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Blank 897 Filed: 11/26/2013, Entered: None
MEMORANDUM OF LAW in Opposition JOINDER., MEMORANDUM OF LAW in Support. Document filed by George P Turner. Filed In Associated Cases: 1:08-cv-11117-TPG et al.(Gresham, Vincent) (Entered: 11/26/2013)
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Legal Document (Payment Possibly Required) 896 Filed: 11/26/2013, Entered: None
MEMORANDUM OF LAW in Opposition re: (894 in 1:08-cv-11117-TPG) Joinder, (893 in 1:08-cv-11117-TPG) Joinder, (890 in 1:08-cv-11117-TPG) Declaration in Support,, (891 in 1:08-cv-11117-TPG) Joinder,, (889 in 1:08-cv-11117-TPG) Memorandum of Law, Declaration of Vincent T. Gresham. Document filed by Madelyn Haines. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit, # 4 Affidavit)Filed In Associated Cases: 1:08-cv-11117-TPG et al.(Gresham, Vincent) (Entered: 11/26/2013)
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Legal Document (Payment Possibly Required) 895 Filed: 11/20/2013, Entered: None
NOTICE of Ex Parte Communication. Document filed by Madelyn Haines. Filed In Associated Cases: 1:08-cv-11117-TPG et al.(Gresham, Vincent) (Entered: 11/20/2013)
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Blank 894 Filed: 11/12/2013, Entered: None
JOINDER to join re: (889 in 1:08-cv-11117-TPG) Memorandum of Law,. Document filed by Massachusetts Mutual Life Insurance Company, Massmutual Holding LLC.Filed In Associated Cases: 1:08-cv-11117-TPG, 1:08-cv-11183-TPG, 1:08-cv-11212-TPG, 1:09-cv-00557-TPG(Head, Carol) (Entered: 11/12/2013)
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Blank 893 Filed: 11/12/2013, Entered: None
JOINDER to join re: (889 in 1:08-cv-11117-TPG) Memorandum of Law, Plaintiffs' Joinder in Memorandum of the Tremont Defendants on Remand from The Second Circuit. Document filed by Arthur E. Lange Revocable Trust.Filed In Associated Cases: 1:08-cv-11117-TPG, 1:08-cv-11183-TPG, 1:08-cv-11212-TPG, 1:09-cv-00557-TPG(Entwistle, Andrew) (Entered: 11/12/2013)
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Blank 892 Filed: 11/12/2013, Entered: None
JOINDER to join re: (153 in 1:08-cv-11212-TPG, 248 in 1:08-cv-11183-TPG, 889 in 1:08-cv-11117-TPG, 237 in 1:09-cv-00557-TPG) Memorandum of Law,. Document filed by Oppenheimer Acquisition Corporation, Oppenheimerfunds, Inc..Filed In Associated Cases: 1:08-cv-11117-TPG, 1:08-cv-11183-TPG, 1:08-cv-11212-TPG, 1:09-cv-00557-TPG(Kotler, David) (Entered: 11/12/2013)
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Blank 891 Filed: 11/12/2013, Entered: None
JOINDER to join re: 889 Memorandum of Law,. Document filed by Rye Select Broad Market Fund, Rye Select Broad Market Insurance Fund LP, Rye Select Broad Market Portfolio Limited, Rye Select Broad Market Prime Fund LP, Rye Select Broad Market XL Fund, L.P., Tremont Arbitrage Fund LP, Tremont Arbitrage Fund-Ireland, Tremont Market Neutral Fund, Tremont Market Neutral Fund II LP, Tremont Market Neutral Fund Limited, Tremont Opportunity Fund II LP, Tremont Opportunity Fund III LP, Tremont Opportunity Fund Limited, Tremont Strategic Insurance Fund LP.(Kanfer, David) (Entered: 11/12/2013)
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Blank 890 Filed: 11/12/2013, Entered: None
DECLARATION of Jason C. Vigna in Support re: (153 in 1:08-cv-11212-TPG, 248 in 1:08-cv-11183-TPG, 237 in 1:09-cv-00557-TPG, 889 in 1:08-cv-11117-TPG) Memorandum of Law,. Document filed by Rupert Allan, Steven Thomas Clayton, Harry Hodges, Lynn O. Keeshan, Patrick Kelly, Jim Mitchell, Stuart Pologe, Rye Investment Management, Robert I. Schulman, Tremont (Bermuda) Ltd, Tremont Capital Management Inc., Tremont Group Holdings, Inc., Tremont Partners, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)Filed In Associated Cases: 1:08-cv-11117-TPG, 1:08-cv-11183-TPG, 1:08-cv-11212-TPG, 1:09-cv-00557-TPG(Schwartz, Seth) (Entered: 11/12/2013)
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Blank 889 Filed: 11/12/2013, Entered: None
MEMORANDUM OF LAW On Remand From The Second Circuit. Document filed by Rupert Allan, Steven Thomas Clayton, Harry Hodges, Lynn O. Keeshan, Patrick Kelly, Jim Mitchell, Stuart Pologe, Rye Investment Management, Robert I. Schulman, Tremont (Bermuda) Ltd, Tremont Capital Management Inc., Tremont Group Holdings, Inc., Tremont Partners, Inc, Cynthia J. Nicoll. Filed In Associated Cases: 1:08-cv-11117-TPG, 1:08-cv-11183-TPG, 1:08-cv-11212-TPG, 1:09-cv-00557-TPG(Schwartz, Seth) (Entered: 11/12/2013)
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Blank 888 Filed: 11/12/2013, Entered: None
NOTICE OF APPEARANCE by Richard Walker Trotter on behalf of Rye Select Broad Market Fund, Rye Select Broad Market Prime Fund LP, Rye Select Broad Market XL Fund LP, Tremont Market Neutral Fund II LP, Tremont Opportunity Fund II LP. (Trotter, Richard) (Entered: 11/12/2013)
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Blank 887 Filed: 11/5/2013, Entered: None Court Filing
MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF ATTORNEY APPEARANCE re: (136 in 1:12-cv-09060-TPG) Notice (Other) filed by Rye Select Broad Market XL Fund, LP, Rye Select Broad Market Fund, LP, Rye Select Broad Market Prime Fund, LP. ENDORSEMENT: SO ORDERED. (Signed by Judge Thomas P. Griesa on 11/05/2013) (ama) (Entered: 11/05/2013)
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Blank 886 Filed: 11/5/2013, Entered: None Court Filing
MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF ATTORNEY APPEARANCE re: (120 in 1:12-cv-09058-TPG) Notice (Other), Notice (Other) filed by Tremont Market Neutral Fund II, L.P., Rye Select Broad Market XL Fund, LP, Rye Select Broad Market Fund, LP, Tremont Opportunity Fund II, L.P., Rye Select Broad Market Prime Fund, LP. ENDORSEMENT: SO ORDERED. (Signed by Judge Thomas P. Griesa on 11/05/2013) (ama) (Entered: 11/05/2013)
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Blank 885 Filed: 11/5/2013, Entered: None Court Filing
MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF ATTORNEY APPEARANCE re: (146 in 1:12-cv-09061-TPG) Notice (Other) filed by Rye Select Broad Market XL Fund, LP, Rye Select Broad Market Fund, LP, Rye Select Broad Market Prime Fund, LP, ENDORSEMENT: SO ORDERED. (Signed by Judge Thomas P. Griesa on 11/05/2013) (ama) (Entered: 11/05/2013)
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Blank 884 Filed: 11/5/2013, Entered: None Court Filing
MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF ATTORNEY APPEARANCE re: (141 in 1:12-cv-09062-TPG) Notice (Other) filed by Rye Select Broad Market XL Fund, LP, Rye Select Broad Market Fund, LP, Rye Select Broad Market Prime Fund, LP. ENDORSEMENT: SO ORDERED.(Signed by Judge Thomas P. Griesa on 11/05/2013) (ama) (Entered: 11/05/2013)
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Blank 883 Filed: 11/5/2013, Entered: None Court Filing
MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF ATTORNEY APPEARANCE re: (135 in 1:12-cv-09063-TPG) Notice (Other) filed by Rye Select Broad Market XL Fund, LP, Rye Select Broad Market Fund, LP, Rye Select Broad Market Prime Fund, LP. ENDORSEMENT: SO ORDERED. (Signed by Judge Thomas P. Griesa on 11/05/2013) (ama) (Entered: 11/05/2013)
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Blank 882 Filed: 11/5/2013, Entered: None Court Filing
MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF ATTORNEY APPEARANCE re: (139 in 1:12-cv-09064-TPG) Notice (Other) filed by Rye Select Broad Market XL Fund, LP, Rye Select Broad Market Fund, LP, Rye Select Broad Market Prime Fund, LP. ENDORSEMENT: SO ORDERED. (Signed by Judge Thomas P. Griesa on 11/05/2013) (ama) (Entered: 11/05/2013)
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Blank 881 Filed: 11/5/2013, Entered: None Court Filing
MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF ATTORNEY APPEARANCE re: (75 in 1:09-cv-03137-TPG) Notice (Other) filed by Tremont Opportunity Fund III, L.P ENDORSEMENT: SO ORDERED. (Signed by Judge Thomas P. Griesa on 11/05/2013) (ama) (Entered: 11/05/2013)
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Blank 880 Filed: 11/5/2013, Entered: None Court Filing
MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF ATTORNEY APPEARANCE re: (127 in 1:12-cv-09057-TPG) Notice (Other) filed by Rye Select Broad Market XL Fund, LP, Rye Select Broad Market Fund, LP, Rye Select Broad Market Prime Fund, LP ENDORSEMENT: SO ORDERED.(Signed by Judge Thomas P. Griesa on 11/05/2013) (ama) (Entered: 11/05/2013)
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Blank 879 Filed: 11/5/2013, Entered: None Court Filing
MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF ATTORNEY APPEARANCE re: (71 in 1:11-cv-01687-TPG) Notice (Other) filed by Tremont Opportunity Fund III, L.P., Tremont International Insurance Fund LP ENDORSEMENT: SO ORDERED.(Signed by Judge Thomas P. Griesa on 11/05/2013) (ama) (Entered: 11/05/2013)
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Blank 878 Filed: 11/5/2013, Entered: None Court Filing
MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF ATTORNEY APPEARANCE: re: (82 in 1:10-cv-09061-TPG) Notice (Other) filed by Rye Select Broad Market XL Fund, L.P. ENDORSEMENT: SO ORDERED. (Signed by Judge Thomas P. Griesa on 11/05/2013) (ama) (Entered: 11/05/2013)
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Blank 877 Filed: 11/5/2013, Entered: None Court Filing
MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF ATTORNEY APPEARANCE re: (83 in 1:10-cv-09252-TPG) Notice (Other) filed by Tremont Opportunity Fund III, L.P., Rye Select Broad Market Prime Fund L.P., Rye Select Broad Market XL Fund L.P. Kindly withdraw the appearance of Zev. F. Raben on behalf of Defendants Tremont Opportunity Fund III, L.P., Rye Select Broad Market Prime Fund L.P. and Rye Select Broad Market XL Fund L.P., in connection with the above-captioned matter. Undersigned respectfully requests that his name, address and e-mail address be stricken from the CM-ECF service distribution list. The Law Firm Tannenbaum Helpern Syracuse & Hirschtritt, LLP, will continue to represent these Defendants in this case. ENDORSEMENT: SO ORDERED. (Signed by Judge Thomas P. Griesa on 11/05/2013) (ama) (Entered: 11/05/2013)
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Blank 876 Filed: 11/5/2013, Entered: None Court Filing
MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF ATTORNEY APPEARANCE re: (62 in 1:11-cv-01283-TPG) Notice (Other) filed by Rye Select Broad Market XL Fund LP, Rye Select Broad Market Insurance Fund LP, Rye Select Broad Market Prime Fund LP, Tremont Opportunity Fund III, L.P., (66 in 1:11-cv-01284-TPG) Notice (Other) filed by Rye Select Broad Market XL Fund LP, Rye Select Broad Market Insurance Fund LP, Rye Select Broad Market Prime Fund LP, Tremont Opportunity Fund III, L.P. Kindly withdraw the appearance of Zev. F. Raben on behalf of Defendants Tremont Opportunity Fund III, L.P., Rye Select Broad Market Insurance Fund L.P., Rye Select Broad Market Prime Fund, L.P., and Rye Select Broad Market XL Fund L.P in connection with the above-captioned matter. Undersigned respectfully requests that his name, address and e-mail address be stricken from the CM-ECF service distribution list. SO ORDERED.(Signed by Judge Thomas P. Griesa on 11/05/2013) (ama) Modified on 11/5/2013 (ama). (Entered: 11/05/2013)
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Blank 875 Filed: 10/29/2013, Entered: None Court Filing
ORDER: On October 25,2013, the Court of Appeals remanded this case for the limited purpose of determining whether certain objectors' potential $80,000 claim, arising out of a related bankruptcy action, was released by the settlement and dismissal of the instant case. The parties are ordered to brief this issue on an expedited basis. Defendants, who argued in the Court of Appeals that the appeal was moot based on the release, shall file a brief by November 12, 2013. Any other party joining defendants' position should also file a brief by that date. Any opposition to defendants' position should be filed by November 26, 2013. Any reply shall be filed by December 3, 2013. (Brief due by 11/12/2013. Reply to Response to Brief due by 12/3/2013. Responses to Brief due by 11/26/2013) (Signed by Judge Thomas P. Griesa on 10/29/2013) (tro) (Entered: 10/29/2013)
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Blank 874 Filed: 10/25/2013, Entered: None
MANDATE of USCA (Certified Copy) as to (149 in 1:09-cv-00557-TPG, 134 in 1:08-cv-11212-TPG, 42 in 1:11-cv-01851-TPG, 214 in 1:08-cv-11183-TPG, 17 in 1:10-cv-09251-TPG, 617 in 1:08-cv-11117-TPG) Notice of Appeal,,, filed by Madelyn Haines, Paul Zamrowski USCA Case Number 11-4030. Ordered, Adjudged and Decreed that the judgment of the District Court is REMANDED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/25/2013. Filed In Associated Cases: 1:08-cv-11117-TPG et al.(nd) (Entered: 10/25/2013)
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Blank 873 Filed: 10/23/2013, Entered: None Court Filing
STIPULATION AND ORDER: IT IS HEREBY STIPULATED, by and between the undersigned counsel for the parties hereto, as follows: The time for defendants Tremont Partners, Inc., Tremont Group Holdings, Inc., Oppenheimer Acquisition Corp., MassMutual Holding LLC and Massachusetts Mutual Life Insurance Company to answer, move against or otherwise respond to plaintiffs' consolidated amended complaint (the "Complaint") shall be and hereby is adjourned from October 21, 2013 until December 5, 2013. The time for defendants Rye Select Broad Market Fund, L.P., Rye Select Broad Market Prime Fund, L.P., Rye Select Broad Market XL Fund, L.P., Tremont Market Neutral Fund II, L.P. and Tremont Opportunity Fund II, L.P. to answer, move against or otherwise respond to the Complaint shall be and hereby is adjourned from October 21, 2013 until December 19, 2013.SO ORDERED. (Signed by Judge Thomas P. Griesa on 10/23/2013) (ama) (Entered: 10/23/2013)
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Sealed Legal Document 872 Filed: 10/3/2013, Entered: None
SEALED DOCUMENT placed in vault.(nm) (Entered: 10/04/2013)
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Legal Document (Payment Possibly Required) 871 Filed: 9/30/2013, Entered: None
CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion dated September 26, 2013, the motions to dismiss are granted and the complaint is dismissed in its entirety. (Signed by Clerk of Court Ruby Krajick on 9/30/13) (Attachments: # 1 Notice of Right to Appeal)Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(ml) (Entered: 10/01/2013)
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Blank 870 Filed: 9/26/2013, Entered: None Court Filing
OPINION re: #103632 (220 in 1:09-cv-00557-TPG) MOTION to Dismiss Third Amended Complaint filed by Oppenheimer Acquisition Corporation, (58 in 1:10-cv-09252-TPG) MOTION to Dismiss Third Amended Complaint filed by Oppenheimer Acquisitions Corp., (60 in 1:10-cv-09252-TPG) MOTION to Dismiss the Amended Complaint dated 12/21/12 filed by Tremont Opportunity Fund III, L.P., Rye Select Broad Market Prime Fund L.P., Rye Select Broad Market XL Fund L.P., (49 in 1:10-cv-09252-TPG) MOTION to Dismiss Third Amended Complaint filed by New York Life Insurance Company, New York Life Insurance and Annuity Corporation, (55 in 1:10-cv-09252-TPG) MOTION to Dismiss The Third Amended Complaint filed by Tremont (Bermuda) Ltd., Tremont Partners, Inc., Rye Investment Management, Tremont Group Holdings, Inc., Tremont Capital Management, Inc. The motions to dismiss are granted, and the complaint is dismissed in its entirety. This opinion resolves the motions listed as documents 837 and 840 in case number 08 Civ. 11117; document 220 in case number 09 Civ. 557; and documents 49, 55, 58, and 60 in case number 10 Civ. 9252. SO ORDERED. (Signed by Judge Thomas P. Griesa on 9/26/2013) (ama) Modified on 9/27/2013 (sdi). (Entered: 09/26/2013)
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Legal Document (Payment Possibly Required) 869 Filed: 9/25/2013, Entered: None
CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion dated August 23, 2013, Defendants' motion to dismiss is granted and the complaint is dismissed. (Signed by Clerk of Court Ruby Krajick on 9/25/13) (Attachments: # 1 Notice of Right to Appeal)(ml) (Entered: 09/25/2013)
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Blank 868 Filed: 9/17/2013, Entered: None
CLERK'S JUDGMENT: That for the reasons stated in the Court's Opinion dated September 16, 2013, Defendants' motion to dismiss the complaint is granted and Elendow Fund's complaint is dismissed in its entirety. (Signed by Clerk of Court Ruby Krajick on 9/17/2013) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 09/17/2013)
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Blank 867 Filed: 9/16/2013, Entered: None Court Filing
OPINION re: #103575 (63 in 1:10-cv-09061-TPG) MOTION to Dismiss the Second Amended Complaint on behalf of Rye Select Broad Market XL Fund L.P.. filed by Rye Select Broad Market XL Fund, L.P., (55 in 1:10-cv-09061-TPG) MOTION to Dismiss / Notice of Motion by the MassMutual Defendants to Dismiss the Second Amended Complaint. filed by MassMutual Holdings LLC, Massachusetts Mutual Life Insurance Co., (828 in 1:08-cv-11117-TPG) MOTION to Dismiss The Second Amended Complaint. filed by Rupert Allan, Rye Investment Management, Tremont Group Holdings, Inc., Jim Mitchell, Tremont Partners, Inc, Tremont Capital Management Inc., Robert Schulman, (61 in 1:10-cv-09061-TPG) MOTION to Dismiss The Second Amended Complaint. filed by Rupert Allan, Tremont Partners, Inc., Rye Investment Management, Jim Mitchell, Tremont Capital Management Inc., Tremont Group Holdings Inc., Robert Schulman, (826 in 1:08-cv-11117-TPG) MOTION to Dismiss the Second Amended Complaint. filed by Oppenheimer Acquisition Corporation, (59 in 1:10-cv-09061-TPG) MOTION to Dismiss the Second Amended Complaint. filed by Oppenheimer Acquisition Corporation, (821 in 1:08-cv-11117-TPG) MOTION to Dismiss /Notice of Motion by the MassMutual Defendants to Dismiss the Second Amended Complaint. filed by Massmutual Holding LLC, Massachusetts Mutual Life Insurance Company. Elendow Fund's complaint is dismissed in its entirety. This opinion resolves the motions listed as document numbers 821, 826, and 828 in case number 08 Civ. 11117 and document numbers 55, 59, 61, and 63 in case number 10 Civ. 9061. SO ORDERED.(Signed by Judge Thomas P. Griesa on 9/16/2013) (ama) Modified on 9/16/2013 (sdi). (Entered: 09/16/2013)
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Blank 866 Filed: 9/3/2013, Entered: None Court Filing
OPINION re: #103533 (113 in 1:12-cv-09062-TPG) MOTION for Judgment on the Pleadings. filed by Tremont Partners, Inc., Tremont Group Holdings, Inc., (97 in 1:12-cv-09057-TPG) MOTION for Judgment on the Pleadings. filed by Tremont Group, Holdings, Inc., Tremont Partners, Inc., (118 in 1:12-cv-09061-TPG) MOTION for Judgment on the Pleadings. filed by Tremont Partners, Inc., Tremont Group Holdings, Inc., (845 in 1:08-cv-11117-TPG) MOTION for Judgment on the Pleadings. filed by Tremont Group Holdings, Inc., Tremont Partners, Inc, (117 in 1:12-cv-09060-TPG, 117 in 1:12-cv-09060-TPG) MOTION for Leave to File Consolidated Amended Complaint. MOTION to Seal Document (Consolidated Amended Complaint). MOTION to Seal Document (Consolidated Amended Complaint). MOTION to Seal Document (Consolidated Amended Complaint). MOTION to Seal Document (Consolidated Amended Complaint). filed by Beatrice Robinson, Elinor Pock, Alvin Pock, Antonio Varela, Francine Fogel, Stephen Greenspan, Britta Llewellyn, Sheldon May, Rosalyn Densen, Stephen Fogel, Calla Gutter, Steven Becker, VLT Family, Leslie Steckler, Steven Brown, Alan Slootsky, Jaret Llewellyn, Linda Cohen, Steve Sherman, Ronald Sherrill, Joshua Parker, Kenneth Shavelson, Gary Rosenberg, Edie Minkoff, David Jay, Jean DeCastro, Janet Shavelson, Charles Cohen, Steven Silverman, Elizabeth Hoffman, Maureen Chaves, Jesse Gottlieb, Michael Gensberg, Rose Criblez, Robert Chaves, LRM Investment Corp., Zena Gensberg, Gloria Gottlieb, Marlene Sherman, Michael Becker, Marvin Gutter, Ronald Rubin, Paulette Sherrill, Robyn Barell, Jeffrey Minkoff, (108 in 1:12-cv-09060-TPG) MOTION for Judgment on the Pleadings. filed by Tremont Partners, Inc., Tremont Group Holdings, Inc., (92 in 1:12-cv-09058-TPG) MOTION for Judgment on the Pleadings. filed by Tremont Partners, Inc., Tremont Group Holdings, Inc., (109 in 1:12-cv-09064-TPG) MOTION for Judgment on the Pleadings. filed by Tremont Partners, Inc., Tremont Group Holdings, Inc., (119 in 1:12-cv-09064-TPG, 119 in 1:12-cv-09064-TPG) MOTION for Leave to File Consolidated Amended Complaint. MOTION to Seal Document (Consolidated Amended Complaint). MOTION to Seal Document (Consolidated Amended Complaint). MOTION to Seal Document (Consolidated Amended Complaint). filed by Jason Zitrin, Penni Ellen Fromm, Rand Schwartzwald, Rachel Zitrin, RM Management LLC, John Silverberg, John Johnson, Roger Zitrin, Donna Weiss, David Schwartzwald, Herbert Silverberg, Robert Cocchi, The Norman Shulevitz Foundation, Inc., Sande Wische, Brian Gaines, Paula Zitrin, Jerry Weiss, PEF Associates, Inc., Carol Wische, (122 in 1:12-cv-09062-TPG, 122 in 1:12-cv-09062-TPG) MOTION for Leave to File Consolidated Amended Complaint. MOTION to Seal Document (Consolidated Amended Complaint). filed by Karasel II, L.P., (101 in 1:12-cv-09058-TPG, 101 in 1:12-cv-09058-TPG) MOTION for Leave to File Consolidated Amended Complaint. MOTION to Seal Document (Consolidated Amended Complaint). MOTION to Seal Document (Consolidated Amended Complaint). MOTION to Seal Document (Consolidated Amended Complaint). filed by Eduardo Marsigli, Fourmin Associates, Roxy Management Corporation, Inc., Dataman Group, Inc., William Charlton, III, Roger Schwab, Karyl Marsigli, Albert Anikstein, Allen Meisels, Dale Filhaber, SBM Investments L.L.L.P., John Paluska, Mayfair Associates, Edward Filhaber, Broyhill All-Weather Fund, L.P., Samuel Prizant, Phoenix Lake Partners, L.P., Carrswold Partnership, Ed Trimas, Walter Schwab, Richard Skelly, BMC Fund, Inc., William Charlton, (127 in 1:12-cv-09061-TPG, 127 in 1:12-cv-09061-TPG) MOTION for Leave to File Consolidated Amended Complaint. MOTION to Seal Document (Consolidated Amended Complaint). MOTION to Seal Document (Consolidated Amended Complaint). MOTION to Seal Document (Consolidated Amended Complaint). filed by Marvin Hans, Daniel Kase, Murray Hazan, Steven Leffler, Roslyn Kase, Darters Investments, LLP, Debra Schefer, Harry Silverman, Jamie Fenster, Stewart Gorenberg, Larry Fenster, Jerome Miller, Alan Bilgore, Alan Schefer, Donald Yellin, Allen Schanman, Soeifer Brothers Realty Corporation, Ira Miller, Susan Schanman, Bonnie Fenster, Kenneth Fenster, Anita Miller. The complaints in the above-captioned actions are dismissed with leave to re-plead in a consolidated amended complaint. This opinion resolves the motions listed as document number 845 in 08 Civ. 11117,numbers and 106 in case number 12 Civ. 9057, numbers 92 and 101 in case number 12 Civ. 9058, numbers 108 and 117 in number 12 Civ. 9060, numbers 118 and 127 in case number 12 Civ. 9061, numbers 113 and 122 in case number 12 Civ. 9062, and numbers 109 and 119 in case number 12 Civ. 9064. SO ORDERED. (Signed by Judge Thomas P. Griesa on 9/03/2013) (ama) Modified on 9/5/2013 (sdi). (Entered: 09/03/2013)
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Blank 865 Filed: 8/27/2013, Entered: None Court Filing
ORDER re: (56 in 1:09-cv-03137-TPG, 217 in 1:09-cv-00557-TPG) MOTION to Dismiss the Second Amended Complaint filed by Tremont Partners, Inc., Tremont Partners Inc., Tremont Group Holdings, Inc., Motions terminated: (56 in 1:09-cv-03137-TPG) MOTION to Dismiss the Second Amended Complaint filed by Tremont Partners, Inc., Tremont Partners Inc., Tremont Group Holdings, Inc. The court's order granting defendants' motion to dismiss, document number 70 in case number 09 Civ. 03137, also resolved the motion listed as document number 56 in case number 09 Civ. 03137. (Signed by Judge Thomas P. Griesa on 8/27/2013) (rsh) (Entered: 08/27/2013)
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Blank 864 Filed: 8/23/2013, Entered: None Court Filing
OPINION re: #103510 (59 in 1:09-cv-03137-TPG) MOTION to Dismiss the Second Amended Complaint, dated 12/5/12 filed by Tremont Opportunity Fund III, L.P, (834 in 1:08-cv-11117-TPG) MOTION to Dismiss F. Daniel Prickett's Second Amended Complaint filed October 12, 2012 filed by New York Life Insurance Company, New York Life Insurance And Annuity Corporation, (61 in 1:09-cv-03137-TPG) MOTION to Dismiss F. Daniel Prickett's Second Amended Complaint filed October 12, 2012 filed by New York Life Insurance Company, New York Life Insurance and Annuity Corporation, (217 in 1:09-cv- 00557-TPG) MOTION to Dismiss the Second Amended Complaint filed by Tremont Partners, Inc., Tremont Partners Inc., Tremont Group Holdings, Inc., (831 in 1:08-cv-11117-TPG) MOTION to Dismiss the Second Amended Complaint filed by Tremont Group Holdings, Inc., Tremont Partners, Inc. Defendants' motion is granted and the complaint is dismissed. This opinion resolves the motions listed as document numbers 831 and 834 in case number 08 Civ. 11117, number 217 in case number 09 Civ. 557, and numbers 59 and 61 in number 09 Civ. 3137. (Signed by Judge Thomas P. Griesa on 8/23/2013) (rsh) Modified on 8/26/2013 (ca). (Entered: 08/26/2013)
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Blank 863 Filed: 6/12/2013, Entered: None Court Filing
STIPULATION AND ORDER: It is hereby Stipulated by and between the undersigned counsel for the parties hereto as follows: The time for the defendants, Tremont Opportunity Fund III, L.P. and Tremont International Insurance Fund, L.P. (the "Funds") to answer the second amended complaint (the "Complaint") shall be and hereby is adjourned from June 6, 2013 until ten (10) days after the Tremont Defendants file their answer to the Complaint. (Signed by Judge Thomas P. Griesa on 6/12/2013) Filed In Associated Cases: 1:08-cv-11117-TPG, 1:11-cv-01687-TPG(mro) (Entered: 06/13/2013)
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Blank 862 Filed: 5/23/2013, Entered: None Court Filing
OPINION re: #103228 46 in 1:11-cv-01687-TPG) MOTION to Dismiss the Second Amended Complaint dated 10/18/12. filed by Tremont Opportunity Fund III, L.P., Tremont International Insurance Fund LP.Accordingly, the court declines to dismiss this claim on the basis of the plaintiffs alleged sophistication. Therefore, the motion to dismiss plaintiffs negligent misrepresentation claim is denied. Defendants' motion to dismiss is denied in its entirety. (Signed by Judge Thomas P. Griesa on 5/23/2013) Filed In Associated Cases: 1:08-cv-11117-TPG, 1:11-cv-01687-TPG(ama) Modified on 6/3/2013 (jab). (Entered: 05/23/2013)
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Blank 861 Filed: 5/9/2013, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 840 MOTION to Dismiss Third Amended Complaint.. Document filed by Oppenheimer Acquisition Corporation. (Kotler, David) (Entered: 05/09/2013)
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Blank 860 Filed: 5/9/2013, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 837 MOTION to Dismiss Third Amended Complaint.. Document filed by New York Life Insurance And Annuity Corporation, New York Life Insurance Company. (Galeno, Maria) (Entered: 05/09/2013)
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Legal Document (Payment Possibly Required) 859 Filed: 3/27/2013, Entered: None
RESPONSE in Opposition re: 840 MOTION to Dismiss Third Amended Complaint., 837 MOTION to Dismiss Third Amended Complaint.. Document filed by Cummins Inc.. (Siegall, Sara) (Entered: 03/27/2013)
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Legal Document (Payment Possibly Required) 858 Filed: 3/27/2013, Entered: None
FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #859) - RESPONSE in Opposition re: 840 MOTION to Dismiss Third Amended Complaint., 837 MOTION to Dismiss Third Amended Complaint.. Document filed by Cummins Inc.. (Siegall, Sara) Modified on 4/2/2013 (lb). (Entered: 03/27/2013)
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Legal Document (Payment Possibly Required) 857 Filed: 3/13/2013, Entered: None
MANDATE of USCA (Certified Copy) as to (131 in 1:08-cv-11212-TPG, 14 in 1:10-cv-09251-TPG, 613 in 1:08-cv-11117-TPG, 211 in 1:08-cv-11183-TPG, 146 in 1:09-cv-00557-TPG, 39 in 1:11-cv-01851-TPG) Notice of Appeal, filed by Orloff Family Trust USCA Case Number 11-3899(L). IT IS HEREBY ORDERED that the motion by appellant Orloff Family Trust for voluntary dismissal of the appeal, pursuant to FRAP 42(b), is GRANTED. The appeal shall proceed with respect to the remaining appellants. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 3/13/2013. Filed In Associated Cases: 1:08-cv-11117-TPG et al.(nd) (Entered: 03/14/2013)
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Blank 856 Filed: 3/5/2013, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 845 MOTION for Judgment on the Pleadings.. Document filed by Tremont Group Holdings, Inc., Tremont Partners, Inc. (Schwartz, Seth) (Entered: 03/05/2013)
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Blank 855 Filed: 3/1/2013, Entered: None Court Filing
OPINION: #102965 Accordingly, the motion is denied. This opinion resolves the motion listed under document number 799 on the docket of case 08 Civ. 11117. (Signed by Judge Thomas P. Griesa on 3/1/2013) Filed In Associated Cases: 1:08-cv-11117-TPG et al.(ago) Modified on 3/7/2013 (jab). (Entered: 03/04/2013)
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Blank 854 Filed: 2/27/2013, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 826 MOTION to Dismiss the Second Amended Complaint.. Document filed by Oppenheimer Acquisition Corporation. (Attachments: # 1 Appendix of Unpublished Authorities, # 2 Exhibit 1, # 3 Exhibit 2)(Kotler, David) (Entered: 02/27/2013)
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Sealed Legal Document 853 Filed: 2/27/2013, Entered: None
SEALED DOCUMENT placed in vault.(nm) (Entered: 02/27/2013)
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Blank 852 Filed: 2/13/2013, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 834 MOTION to Dismiss F. Daniel Prickett's Second Amended Complaint filed October 12, 2012.. Document filed by New York Life Insurance And Annuity Corporation, New York Life Insurance Company. (Galeno, Maria) (Entered: 02/13/2013)
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Blank 851 Filed: 2/13/2013, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 831 MOTION to Dismiss the Second Amended Complaint.. Document filed by Tremont Group Holdings, Inc., Tremont Partners, Inc. (Schwartz, Seth) (Entered: 02/13/2013)
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Legal Document (Payment Possibly Required) 850 Filed: 2/11/2013, Entered: None Court Filing
STIPULATION AND ORDER: The time for Plaintiffs to file papers in opposition to the motion by Defendants Tremont Group Holdings, Inc. and Tremont Partners, Inc. (the "Tremont Defendants") for judgment on the pleadings shall be and hereby is adjourned from February 11, 2013 until February 18, 2013. The time for the Tremont Defendants to file reply papers in further support of their motion for judgment on the pleadings shall be and hereby is adjourned from February 21, 2013 until March 5, 2013.(Responses due by 2/18/2013, Replies due by 3/5/2013.) (Signed by Judge Thomas P. Griesa on 02/11/2013) (jcs) (Entered: 02/11/2013)
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Blank 849 Filed: 1/25/2013, Entered: None Court Filing
STIPULATION AND ORDER CONCERNING THE SCHEDULE FOR PLAINTIFF CUMMINS, INC.'S FILING OF ITS RESPONSES TO DEFENDANTS' MOTION TO DISMISS: by and between undersigned counsel for the parties, without waiving any rights, defenses, or arguments they may assert, and subject to the approval of the Court, as set forth herein, Cummins shall have until March 1, 2013 to file its Responses to Defendants' Motions to Dismiss; The New York Life, MassMutual, Oppenheimer and Tremont Defendants shall have until April 5, 2013 to file their Replies in Further Support of their respective Motions to Dismiss Cummins' Second Amended Complaint; and The Funds shall have until April 19, 2013 to file their Reply in Further Support of their Motion to Dismiss Cummins' Second Amended Complaint. ENDORSEMENT: Approved. ( Responses due by 3/1/2013, Replies due by 4/19/2013.) (Signed by Judge Thomas P. Griesa on 1/25/2013) (ja) (Entered: 01/28/2013)
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Blank 848 Filed: 1/24/2013, Entered: None
JOINDER to join re: (845 in 1:08-cv-11117-TPG) MOTION for Judgment on the Pleadings. 1/24/13. Document filed by RYE Select Broad Market Fund, L.P, RYE Select Broad Market Prime Fund, L.P, Rye Select Broad Market XL Fund LP, Tremont Market Neutral Fund II LP, Tremont Opportunity Fund II LP.Filed In Associated Cases: 1:08-cv-11117-TPG, 1:08-cv-11183-TPG(Kanfer, David) (Entered: 01/24/2013)
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Legal Document (Payment Possibly Required) 847 Filed: 1/23/2013, Entered: None
DECLARATION of Jason C. Vigna in Support re: 845 MOTION for Judgment on the Pleadings.. Document filed by Tremont Group Holdings, Inc., Tremont Partners, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD)(Schwartz, Seth) (Entered: 01/23/2013)
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Blank 846 Filed: 1/23/2013, Entered: None
MEMORANDUM OF LAW in Support re: 845 MOTION for Judgment on the Pleadings.. Document filed by Tremont Group Holdings, Inc., Tremont Partners, Inc. (Schwartz, Seth) (Entered: 01/23/2013)
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Blank 845 Filed: 1/23/2013, Entered: None
MOTION for Judgment on the Pleadings. Document filed by Tremont Group Holdings, Inc., Tremont Partners, Inc.(Schwartz, Seth) (Entered: 01/23/2013)
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Legal Document (Payment Possibly Required) 844 Filed: 1/22/2013, Entered: None
DECLARATION of William S. Norton in Opposition re: (217 in 1:09-cv-00557-TPG) MOTION to Dismiss the Second Amended Complaint.. Document filed by F. Daniel Prickett. (Attachments: # 1 Exhibit A)Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Norton, William) (Entered: 01/22/2013)
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Legal Document (Payment Possibly Required) 843 Filed: 1/22/2013, Entered: None
MEMORANDUM OF LAW in Opposition re: (217 in 1:09-cv-00557-TPG) MOTION to Dismiss the Second Amended Complaint.. Document filed by F. Daniel Prickett. Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Norton, William) (Entered: 01/22/2013)
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Legal Document (Payment Possibly Required) 842 Filed: 11/30/2012, Entered: None
EXHIBITS, filed as per chambers. Document filed by Cummins Inc.(cd) (Entered: 12/18/2012)
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Legal Document (Payment Possibly Required) 841 Filed: 12/7/2012, Entered: None
MEMORANDUM OF LAW in Support re: 840 MOTION to Dismiss Third Amended Complaint.. Document filed by Oppenheimer Acquisition Corporation. (Kotler, David) (Entered: 12/07/2012)
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Blank 840 Filed: 12/7/2012, Entered: None
MOTION to Dismiss Third Amended Complaint. Document filed by Oppenheimer Acquisition Corporation.(Kotler, David) (Entered: 12/07/2012)
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Legal Document (Payment Possibly Required) 839 Filed: 12/7/2012, Entered: None
MEMORANDUM OF LAW in Support re: 837 MOTION to Dismiss Third Amended Complaint.. Document filed by New York Life Insurance And Annuity Corporation, New York Life Insurance Company. (Galeno, Maria) (Entered: 12/07/2012)
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Blank 838 Filed: 12/7/2012, Entered: None
DECLARATION of Maria T. Galeno in Support re: 837 MOTION to Dismiss Third Amended Complaint.. Document filed by New York Life Insurance And Annuity Corporation, New York Life Insurance Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Galeno, Maria) (Entered: 12/07/2012)
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Blank 837 Filed: 12/7/2012, Entered: None
MOTION to Dismiss Third Amended Complaint. Document filed by New York Life Insurance And Annuity Corporation, New York Life Insurance Company.(Galeno, Maria) (Entered: 12/07/2012)
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Blank 836 Filed: 12/5/2012, Entered: None
MEMORANDUM OF LAW in Support re: 834 MOTION to Dismiss F. Daniel Prickett's Second Amended Complaint filed October 12, 2012.. Document filed by New York Life Insurance And Annuity Corporation, New York Life Insurance Company. (Galeno, Maria) (Entered: 12/05/2012)
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Legal Document (Payment Possibly Required) 835 Filed: 12/5/2012, Entered: None
DECLARATION of Maria T. Galeno in Support re: 834 MOTION to Dismiss F. Daniel Prickett's Second Amended Complaint filed October 12, 2012.. Document filed by New York Life Insurance And Annuity Corporation, New York Life Insurance Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Galeno, Maria) (Entered: 12/05/2012)
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Blank 834 Filed: 12/5/2012, Entered: None
MOTION to Dismiss F. Daniel Prickett's Second Amended Complaint filed October 12, 2012. Document filed by New York Life Insurance And Annuity Corporation, New York Life Insurance Company.(Galeno, Maria) (Entered: 12/05/2012)
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Blank 833 Filed: 11/28/2012, Entered: None
DECLARATION of Jason C. Vigna in Support re: 831 MOTION to Dismiss the Second Amended Complaint.. Document filed by Tremont Group Holdings, Inc., Tremont Partners, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Schwartz, Seth) (Entered: 11/28/2012)
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Blank 832 Filed: 11/28/2012, Entered: None
MEMORANDUM OF LAW in Support re: 831 MOTION to Dismiss the Second Amended Complaint.. Document filed by Tremont Group Holdings, Inc., Tremont Partners, Inc. (Schwartz, Seth) (Entered: 11/28/2012)
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Blank 831 Filed: 11/28/2012, Entered: None
MOTION to Dismiss the Second Amended Complaint. Document filed by Tremont Group Holdings, Inc., Tremont Partners, Inc.(Schwartz, Seth) (Entered: 11/28/2012)
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Legal Document (Payment Possibly Required) 830 Filed: 11/7/2012, Entered: None
THIRD AMENDED COMPLAINT amending 381 Amended Complaint, against Rye Select Broad Market XL Fund, Rye Select Broad Market XL Fund LP, Tremont Arbitrage Fund LP with JURY DEMAND.Document filed by Cummins Inc. Related document: 381 Amended Complaint, filed by Arthur M. Brainson, Group Defined Pension Plan & Trust, Yvette Finkelstein.(djc) (Entered: 11/21/2012)
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Sealed Legal Document 829 Filed: 11/16/2012, Entered: None
SEALED DOCUMENT placed in vault.(mps) Modified on 11/19/2012 (mps). (Entered: 11/19/2012)
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Blank 828 Filed: 11/16/2012, Entered: None
MOTION to Dismiss The Second Amended Complaint. Document filed by Rupert Allan, Jim Mitchell, Rye Investment Management, Robert Schulman, Tremont Capital Management Inc., Tremont Group Holdings, Inc., Tremont Partners, Inc.(Schwartz, Seth) (Entered: 11/16/2012)
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Blank 827 Filed: 11/16/2012, Entered: None
MEMORANDUM OF LAW in Support re: 826 MOTION to Dismiss the Second Amended Complaint.. Document filed by Oppenheimer Acquisition Corporation. (Kotler, David) (Entered: 11/16/2012)
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Blank 826 Filed: 11/16/2012, Entered: None
MOTION to Dismiss the Second Amended Complaint. Document filed by Oppenheimer Acquisition Corporation.(Kotler, David) (Entered: 11/16/2012)
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Blank 825 Filed: 11/16/2012, Entered: None Court Filing
STIPULATION AND ORDER: IT IS HEREBY STIPULATED by and between the undersigned counsel for the parties hereto as follows: 1. The time for defendants to file reply briefs in further support of their motions to dismiss the second amended complaint (the "Complaint") shall be and hereby is adjourned from November 21, 2012 until November 30, 2012. This Court has granted one prior adjournment of the defendants' time to file reply briefs in further support of their motions to dismiss the Complaint., ( Replies due by 11/30/2012.) (Signed by Judge Thomas P. Griesa on 11/16/2012) Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG, 1:11-cv-01687-TPG(lmb) (Entered: 11/16/2012)
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Legal Document (Payment Possibly Required) 824 Filed: 11/16/2012, Entered: None
MEMORANDUM OF LAW in Support re: 821 MOTION to Dismiss /Notice of Motion by the MassMutual Defendants to Dismiss the Second Amended Complaint.. Document filed by Massachusetts Mutual Life Insurance Company, Massmutual Holding LLC. (Attachments: # 1 Addendum)(Head, Carol) (Entered: 11/16/2012)
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Legal Document (Payment Possibly Required) 823 Filed: 11/16/2012, Entered: None
DECLARATION of Carol E. Head in Support re: 821 MOTION to Dismiss /Notice of Motion by the MassMutual Defendants to Dismiss the Second Amended Complaint.. Document filed by Massachusetts Mutual Life Insurance Company, Massmutual Holding LLC. (Attachments: # 1 Exhibit A (part 1), # 2 Exhibit A (part 2), # 3 Exhibit A (part 3), # 4 Exhibit B (part 1), # 5 Exhibit B (part 2), # 6 Exhibit B (part 3), # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E)(Head, Carol) (Entered: 11/16/2012)
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Legal Document (Payment Possibly Required) 822 Filed: 11/16/2012, Entered: None
FILING ERROR - DEFICIENT DOCKET ENTRY - (see document #824) - MEMORANDUM OF LAW in Support re: 821 MOTION to Dismiss /Notice of Motion by the MassMutual Defendants to Dismiss the Second Amended Complaint.. Document filed by Massachusetts Mutual Life Insurance Company, Massmutual Holding LLC. (Head, Carol) Modified on 11/19/2012 (lb). (Entered: 11/16/2012)
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Blank 821 Filed: 11/16/2012, Entered: None
MOTION to Dismiss /Notice of Motion by the MassMutual Defendants to Dismiss the Second Amended Complaint. Document filed by Massachusetts Mutual Life Insurance Company, Massmutual Holding LLC.(Head, Carol) (Entered: 11/16/2012)
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Blank 820 Filed: 11/9/2012, Entered: None Court Filing
ORDER: in case 1:08-cv-11117-TPG; granting (48) Motion for Leave to File Document in case 1:11-cv-01687-TPG; granting (49) Motion for Leave to File Document in case 1:08-cv-11117-TPG; Plaintiff, without opposition, moves to file an omnibus memorandum in opposition to defendants' motions to dismiss plaintiff's second amended complaint and further moves to extend the page limit of this memorandum to 28 pages. The motion is granted. This opinion resolves the motion listed as document number 48 on the docket of case 11 Civ. 1687. (Signed by Judge Thomas P. Griesa on 11/9/2012) Filed In Associated Cases: 1:08-cv-11117-TPG, 1:11-cv-01687-TPG(pl) (Entered: 11/09/2012)
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Blank 819 Filed: 10/24/2012, Entered: None
MANDATE of USCA (Certified Copy) as to 617 Notice of Appeal,,, filed by Madelyn Haines, Paul Zamrowski USCA Case Number 11-4022....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/24/2012. (nd) (Entered: 10/24/2012)
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Legal Document (Payment Possibly Required) 818 Filed: 10/12/2012, Entered: None
NOTICE of SECOND AMENDED COMPLAINT. Document filed by F. Daniel Prickett. Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Norton, William) (Entered: 10/12/2012)
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Blank 817 Filed: 10/4/2012, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 799 MOTION to Set Aside Judgment.. Document filed by Madelyn Haines. (Gresham, Vincent) (Entered: 10/04/2012)
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Legal Document (Payment Possibly Required) 816 Filed: 10/4/2012, Entered: None
REPLY AFFIDAVIT of vincent t. gresham in Support re: 799 MOTION to Set Aside Judgment.. Document filed by Madelyn Haines. (Attachments: # 1 Supplement)(Gresham, Vincent) (Entered: 10/04/2012)
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Blank 815 Filed: 10/4/2012, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 799 MOTION to Set Aside Judgment.. Document filed by Madelyn Haines. (Gresham, Vincent) (Entered: 10/04/2012)
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Blank 814 Filed: 10/4/2012, Entered: None Court Filing
STIPULATION AND ORDER: The time for the defendants to answer, move against or otherwise respond to the second amended complaint (the "Complaint") shall be and hereby is adjourned from September 28,2012 until October 18, 2012. Should defendants or any of them move to dismiss the Complaint, plaintiff shall file its opposition to defendants' motions to dismiss by November 7, 2012. Defendants shall file reply briefs in further support of their motions to dismiss, if any, by November 21, 2012. (Responses due by 11/7/2012, Replies due by 11/21/2012.) (Signed by Judge Thomas P. Griesa on 10/4/2012) Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG, 1:11-cv-01687-TPG(ft) (Entered: 10/04/2012)
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Blank 813 Filed: 10/4/2012, Entered: None Court Filing
STIPULATION AND ORDER CONCERNING THE SCHEDULE FOR PLAINTIFF CUMMINS, INC.'S FILING OF ITS SECOND AMENDED COMPLAINT AND THE PARTIES' BRIEFING OF DEFENDANTS' FORTHCOMING MOTIONS TO DISMISS: Cummins shall have until October 29, 2012 to file its Second Amended Complaint. The New York Life, MassMutual, Oppenheimer and Tremont Defendants shall have until December 7, 2012 to file their respective Motions to Dismiss Cummins' Second Amended Complaint. The Funds shall have until December 21, 2012 to file their Motion to Dismiss Cummins' Second Amended Complaint. Cummins shall have until January 25, 2013 to file its Responses to Defendants' Motions to Dismiss. The New York Life, MassMutual, Oppenheimer and Tremont Defendants shall have until February 22, 2013 to file their Replies in Further Support of their respective Motions to DismissCummins' Second Amended Complaint. The Funds shall have until March 1, 2013 to file their Reply in Further Support of their Motion to Dismiss Cummins' Second Amended Complaint (Signed by Judge Thomas P. Griesa on 10/4/2012) (ft) (Entered: 10/04/2012)
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Blank 812 Filed: 9/18/2012, Entered: None
MEMORANDUM OF LAW in Opposition re: 799 MOTION to Set Aside Judgment. Insurance Plaintiffs' Memorandum in Opposition to Rule 60 Motion to Vacate the Final Judgment. Document filed by Chateau Fiduciaire S.A., The Geoffrey Rabie Credit Shelter Trust, The Harriet Rutter Klein Revocable Trust, The Joanne Brenda Rabie Credit Shelter Trust, The Matthew L. Klein Irrevocable Family Trust. (Basar, Demet) (Entered: 09/18/2012)
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Blank 811 Filed: 9/18/2012, Entered: None
MEMORANDUM OF LAW in Opposition re: 799 MOTION to Set Aside Judgment. The MassMutual Defendants' Joinder in Tremont's Memorandum Opposition to Rule 60 Motion to Vacate Final Judgment. Document filed by Massachusetts Mutual Life Insurance Company, Massmutual Holding LLC. (Head, Carol) (Entered: 09/18/2012)
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Blank 810 Filed: 9/18/2012, Entered: None
JOINDER to join re: 806 Memorandum of Law in Opposition to Motion,. Document filed by Oppenheimer Acquisition Corporation.(Kotler, David) (Entered: 09/18/2012)
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Blank 809 Filed: 9/18/2012, Entered: None
JOINDER to join re: (806 in 1:08-cv-11117-TPG) Memorandum of Law in Opposition to Motion,. Document filed by Rye Select Broad Market Fund, Rye Select Broad Market Portfolio Limited, Rye Select Broad Market Prime Fund LP, Rye Select Broad Market XL Fund LP, Tremont Market Neutral Fund, Tremont Opportunity Fund III LP, Rye Select Broad Market Insurance Fund LP, Tremont Market Neutral Fund II LP, Tremont Market Neutral Fund Limited, Tremont Opportunity Fund Limited, Tremont Opportunity Fund II LP, Tremont Arbitrage Fund LP, Tremont Arbitrage Fund-Ireland, Tremont Strategic Insurance Fund LP.Filed In Associated Cases: 1:09-md-02052-TPG, 1:08-cv-11117-TPG(Siciliano, Ralph) (Entered: 09/18/2012)
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Legal Document (Payment Possibly Required) 808 Filed: 9/17/2012, Entered: None
DECLARATION of Seth M. Schwartz in Opposition re: 799 MOTION to Set Aside Judgment.. Document filed by Rupert Allan, Steven Thomas Clayton, Harry Hodges, Lynn O. Keeshan, Patrick Kelly, Jim Mitchell, Stuart Pologe, Rye Investment Management, Robert I. Schulman, Tremont (Bermuda) Ltd, Tremont Capital Management Inc., Tremont Group Holdings, Inc., Tremont Partners, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E (Part 1), # 6 Exhibit E (Part 2), # 7 Exhibit E (Part 3), # 8 Exhibit E (Part 4), # 9 Exhibit E (Part 5), # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H)(Schwartz, Seth) (Entered: 09/17/2012)
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Blank 807 Filed: 9/17/2012, Entered: None
MEMORANDUM OF LAW in Opposition re: 799 MOTION to Set Aside Judgment. Plaintiffs' Memorandum in Opposition to Rule 60 Motion to Vacate the Final Judgment. Document filed by Arthur E. Lange Revocable Trust. (Entwistle, Andrew) (Entered: 09/17/2012)
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Blank 806 Filed: 9/17/2012, Entered: None
MEMORANDUM OF LAW in Opposition re: 799 MOTION to Set Aside Judgment.. Document filed by Rupert Allan, Steven Thomas Clayton, Harry Hodges, Lynn O. Keeshan, Patrick Kelly, Jim Mitchell, Stuart Pologe, Rye Investment Management, Robert I. Schulman, Tremont (Bermuda) Ltd, Tremont Capital Management Inc., Tremont Group Holdings, Inc., Tremont Partners, Inc. (Schwartz, Seth) (Entered: 09/17/2012)
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Legal Document (Payment Possibly Required) 805 Filed: 9/12/2012, Entered: None Court Filing
STIPULATION AND ORDER. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties hereto, as follows: 1. The time for filing papers in opposition to the motion of objectors Madelyn Haines and Paul Zamrowski ("Haines") to vacate the final judgment entered in these actions (the "Motion," Dkt. 799) shall be and hereby is adjourned from September 10, 2012 to September 17, 2012. 2. The time for Haines to file reply papers in further support of the Motion shall be and hereby is adjourned from September 27, 2012 to October 4, 2012, and as further set forth. (Responses due by 9/17/2012. Replies due by 10/4/2012.) (Signed by Judge Thomas P. Griesa on 9/12/2012) Filed In Associated Cases: 1:08-cv-11117-TPG, 1:08-cv-11183-TPG, 1:08-cv-11212-TPG, 1:09-cv-00557-TPG(rjm) (Entered: 09/13/2012)
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Blank 804 Filed: 9/12/2012, Entered: None Court Filing
OPINION # 102342 re: (676 in 1:08-cv-11117-TPG) MOTION to Dismiss The Amended Complaint filed by Rye Investment Management, Tremont Group Holdings, Inc., Tremont Partners, Inc, (174 in 1:09-cv-00557-TPG, 30 in 1:11-cv-01687-TPG, 687 in 1:08-cv-11117-TPG) MOTION to Dismiss dated 2/14/12 - The International DAD Trust v. Tremont filed by Tremont International Insurance Fund, L.P., Tremont Opportunity Fund III, L.P., Tremont International Insurance Fund LP, Tremont Opportunity Fund III LP, (15 in 1:11-cv-01687-TPG) MOTION to Dismiss The Amended Complaint filed by Tremont Partners, Inc., Rye Investment Management, Tremont Group Holdings Inc, (165 in 1:09-cv-00557-TPG) MOTION to Dismiss The Amended Complaint filed by Rye Investment Management, Tremont Partners Inc., Tremont Group Holdings, Inc. The court rules as follows. Defendants' motion to dismiss is granted on the ground that International DAD lacks standing. This dismissal is without prejudice to the right of the trustee to file an amended complaint on behalf of the trustee, and further without prejudice to the right of defendants to file a renewed motion to dismiss on the non-standing grounds, if they choose to do so. This motion resolves the documents listed as numbers 15 and 30 on the docket of case 11 Civ. 1687, numbers 676, 680, 682, and 687 in case 08 Civ. 11117, and numbers 165 and 174 on the docket of case 09 Civ. 557. All future filings related to this case should be filed only on the docket of case 11 Civ. 1687. (Signed by Judge Thomas P. Griesa on 9/11/2012) Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG, 1:11-cv-01687-TPG(mro) Modified on 9/19/2012 (ft). (Entered: 09/12/2012)
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Blank 803 Filed: 9/12/2012, Entered: None Court Filing
OPINION re: (695 in 1:08-cv-11117-TPG) MOTION to Dismiss /Notice of Motion to Dismiss filed by New York Life Insurance Company, New York Life Insurance And Annuity Corporation, (711 in 1:08-cv-11117-TPG, 181 in 1:09-cv-00557-TPG) MOTION to Dismiss the Amended Complaint filed by Rye Investment Management, Tremont Group Holdings, Inc., Tremont (Bermuda) Ltd, Tremont Partners, Inc, Tremont Capital Management Inc., (699 in 1:08-cv-11117-TPG) MOTION to Dismiss /Notice of Motion by the MassMutual Defendants to Dismiss the Complaint in the Prickett Action (09 civ 3137) MOTION to Dismiss /Notice of Motion by the MassMutual Defendants to Dismiss the Complaint in the Prickett Action (09 civ 3137) filed by Massmutual Holding LLC, Massachusetts Mutual Life Insurance Company. The motion is granted without leave to re-plead, except that Count 2 may be restated in accordance with directions in this opinion. This opinion resolves the motions listed as document numbers 19, 23, 28,30, and 34 in case number 09 Civ. 3137, numbers 695,699, and 711 in case number 08 Civ. 11117, and number 181 in case number 09 Civ. 557. (Signed by Judge Thomas P. Griesa on 9/11/2012) Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(mro) (Entered: 09/12/2012)
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Legal Document (Payment Possibly Required) 802 Filed: 8/27/2012, Entered: None
JOINDER to join re: (793 in 1:08-cv-11117-TPG) Reply Memorandum of Law in Support of Motion, THE TREMONT AND RYE FUNDS' JOINDER IN THE TREMONT DEFENDANTS' REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF THEIR MOTION TO DISMISS THE AMENDED COMPLAINTS dated 8/27/12. Document filed by Rye Select Broad Market Insurance Fund LP, Rye Select Broad Market Prime Fund LP, Rye Select Broad Market XL Fund LP, Tremont Opportunity Fund III, L.P..Filed In Associated Cases: 1:09-md-02052-TPG, 1:08-cv-11117-TPG, 1:09-cv-00557-TPG, 1:11-cv-01283-TPG, 1:11-cv-01284-TPG(Kanfer, David) (Entered: 08/27/2012)
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Legal Document (Payment Possibly Required) 801 Filed: 8/22/2012, Entered: None
MEMORANDUM OF LAW in Support re: 799 MOTION to Set Aside Judgment.. Document filed by Madelyn Haines. (Gresham, Vincent) (Entered: 08/22/2012)
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Legal Document (Payment Possibly Required) 800 Filed: 8/22/2012, Entered: None
DECLARATION of Vincent T. Gresham in Support re: 799 MOTION to Set Aside Judgment.. Document filed by Madelyn Haines. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(Gresham, Vincent) (Entered: 08/22/2012)
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Blank 799 Filed: 8/22/2012, Entered: None
MOTION to Set Aside Judgment. Document filed by Madelyn Haines.(Gresham, Vincent) (Entered: 08/22/2012)
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Blank 798 Filed: 8/22/2012, Entered: None Court Filing
ORDER: On February 9, 2011, the court consolidated the case captioned The Tremont Insurance Plaintiffs' Litigation Trust v. KPMG LLP, No. 10 Civ. 9274 ("the Litigation Trust action"), into the State Law Action, No. 08 Civ. 11183. Shortly before the court approved a partial settlement in this case, plaintiff objected to the case's consolidation with the State Law Action and requested that it be reconsolidated as part of the Insurance Law Action, No. 09 Civ. 557. However, it appears that the question of consolidation has still not yet been resolved. Plaintiff's objection is overruled. Accordingly, the court finds that the benefits of consolidating this case with the State Law Action outweigh the potential concerns raised by plaintiff and the benefits that plaintiff suggests would be gained by consolidating this action with the Insurance Action. The court may revisit this determination if problems arise later. (Signed by Judge Thomas P. Griesa on 8/21/2012) (ja) (Entered: 08/22/2012)
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Blank 797 Filed: 8/16/2012, Entered: None
Costs Taxed as to (147 in 1:08-cv-11212-TPG, 792 in 1:08-cv-11117-TPG) USCA Mandate, USCA Case Number 11-3725-cv. in the amount of $219.06. Docketed as Judgment #12,1507 on 8/16/2012 in favor of Appellee KPMG LLP against Appellants Brainson et al. Filed In Associated Cases: 1:08-cv-11117-TPG, 1:08-cv-11212-TPG(nd) (Entered: 08/16/2012)
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Blank 796 Filed: 8/14/2012, Entered: None
REPLY MEMORANDUM OF LAW in Support re: (193 in 1:09-cv-00557-TPG, 738 in 1:08-cv-11117-TPG) MOTION to Dismiss Fishman Amended Complaint.. Document filed by Philadelphia Financial Life Assurance Company. Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Smelley, Hutson) (Entered: 08/14/2012)
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Blank 795 Filed: 8/14/2012, Entered: None
REPLY MEMORANDUM OF LAW in Support re: (735 in 1:08-cv-11117-TPG, 191 in 1:09-cv-00557-TPG) MOTION to Dismiss Fishman Amended Complaints.. Document filed by Oppenheimer Acquisition Corporation. Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Kotler, David) (Entered: 08/14/2012)
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Blank 794 Filed: 8/14/2012, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 730 MOTION to Dismiss /Notice of Consolidated Motion by the MassMutual Defendants to Dismiss the Fishman Trusts' Amended Complaints.. Document filed by Massachusetts Mutual Life Insurance Company, Massmutual Holding LLC. (Head, Carol) (Entered: 08/14/2012)
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Blank 793 Filed: 8/14/2012, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 732 MOTION to Dismiss.. Document filed by Rupert Allan, Steven Thomas Clayton, Lynn O. Keeshan, Rye Investment Management, Mark Santero, Robert Schulman, Tremont Capital Management Inc., Tremont Group Holdings, Inc., Tremont Partners, Inc. (Schwartz, Seth) (Entered: 08/14/2012)
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Blank 792 Filed: 8/13/2012, Entered: None
MANDATE of USCA (Certified Copy) as to (130 in 1:08-cv-11212-TPG, 610 in 1:08-cv-11117-TPG) Notice of Appeal, filed by Group Defined Pension Plan & Trust, Yvette Finkelstein, Arthur M. Brainson IRA R/O USCA Case Number 11-3725. Ordered, Adjudged and Decreed that the judgments of the District Court are AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 08/13/2012. Filed In Associated Cases: 1:08-cv-11117-TPG, 1:08-cv-11212-TPG(nd) (Entered: 08/13/2012)
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Blank 791 Filed: 7/31/2012, Entered: None
MANDATE of USCA (Certified Copy) as to 610 Notice of Appeal, filed by Group Defined Pension Plan & Trust, Yvette Finkelstein, Arthur M. Brainson IRA R/O USCA Case Number 11-3311-cv(L)`. Ordered, Adjudged and Decreed that the judgments of the District Court are AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/31/2012. (nd) (Entered: 07/31/2012)
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Blank 790 Filed: 7/25/2012, Entered: None Court Filing
STIPULATION AND ORDER, Set Deadlines/Hearing as to (653 in 1:08-cv-11117-TPG) MOTION to Dismiss The Amended Complaint. (649 in 1:08-cv-11117-TPG) MOTION to Dismiss /MassMutual Defendants' Notice of Motion to Dismiss the Complaint. (730 in 1:08-cv-11117-TPG) MOTION to Dismiss /Notice of Consolidated Motion by the MassMutual Defendants to Dismiss the Fishman Trusts' Amended Complaints. (711 in 1:08-cv-11117-TPG) MOTION to Dismiss the Amended Complaint. (659 in 1:08-cv-11117-TPG) MOTION to Dismiss The Amended Complaint.,(687 in 1:08-cv-11117-TPG) MOTION to Dismiss dated 2/14/12 - The International DAD Trust v. Tremont. (699 in 1:08-cv-11117-TPG) MOTION to Dismiss /Notice of Motion by the MassMutual Defendants to Dismiss the Complaint in the Prickett Action (09 civ 3137). MOTION to Dismiss /Notice of Motion by the MassMutual Defendants to Dismiss the Complaint in the Prickett Action (09 civ 3137). (656 in 1:08-cv-11117-TPG) MOTION for Judgment on the Pleadings. (738 in 1:08-cv-11117-TPG) MOTION to Dismiss Fishman Amended Complaint. (732 in 1:08-cv-11117-TPG) MOTION to Dismiss. (651 in 1:08-cv-11117-TPG) MOTION for Judgment on the Pleadings in the Lakeview case (11 civ 1851). (695 in 1:08-cv-11117-TPG) MOTION to Dismiss /Notice of Motion to Dismiss. (661 in 1:08-cv-11117-TPG) MOTION to Dismiss The Complaint. (676 in 1:08-cv-11117-TPG) MOTION to Dismiss The Amended Complaint. (735 in 1:08-cv-11117-TPG) MOTION to Dismiss Fishman Amended Complaints. (646 in 1:08-cv-11117-TPG) MOTION to Dismiss Plaintiff Cummins Inc.'s Amended Complaint filed December 19, 2011. (685 in 1:08-cv-11117-TPG) MOTION to Dismiss dated 2/14/12 - Cummins v. New York Life Insurance Company et al., (32 in 1:11-cv-01283-TPG) MOTION to Dismiss /Notice of Consolidated Motion by the MassMutual Defendants to Dismiss the Fishman Trusts' Amended Complaints. (44 in 1:11-cv-01283-TPG) MOTION to Dismiss Amended Complaint. (36 in 1:11-cv-01283-TPG) MOTION to Dismiss. (41 in 1:11-cv-01283-TPG) MOTION to Dismiss Amended Complaint. (39 in 1:11-cv-01283-TPG) MOTION to Dismiss. (48 in 1:11-cv-01284-TPG) MOTION to Dismiss Amended Complaint. (36 in 1:11-cv-01284-TPG) MOTION to Dismiss /Notice of Consolidated Motion by the MassMutual Defendants to Dismiss the Fishman Trusts' Amended Complaints. (43 in 1:11-cv-01284-TPG) MOTION to Dismiss. (46 in 1:11-cv-01284-TPG) MOTION to Dismiss. (40 in 1:11-cv-01284-TPG) MOTION to Dismiss. Replies due by 8/14/2012. August 27, 2012 for Tremont Opportunity Fund III, LP., Rye Select Broad Market Insurance Fund LP., Rye Select Broad Market Prime Fund, LP. and Rye Select Broad Market XL Fund, LP. (the "Funds") and defendants Manzke and Hammond). (Signed by Judge Thomas P. Griesa on 7/25/2012) (cd) (Entered: 07/25/2012)
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Blank 789 Filed: 7/20/2012, Entered: None Court Filing
CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Thomas P. Griesa on 7/20/2012) (jfe) (Entered: 07/20/2012)
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Blank 788 Filed: 7/18/2012, Entered: None
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION proceeding held on 8/8/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:08-cv-11117-TPG et al.(McGuirk, Kelly) (Entered: 07/18/2012)
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Legal Document (Payment Possibly Required) 787 Filed: 7/18/2012, Entered: None Court Filing
TRANSCRIPT of Proceedings re: MOTION held on 8/8/2011 before Judge Thomas P. Griesa. Court Reporter/Transcriber: Jerry Harrison, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/13/2012. Redacted Transcript Deadline set for 8/23/2012. Release of Transcript Restriction set for 10/19/2012.Filed In Associated Cases: 1:08-cv-11117-TPG et al.(McGuirk, Kelly) (Entered: 07/18/2012)
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Blank 786 Filed: 7/16/2012, Entered: None
REPLY MEMORANDUM OF LAW in Opposition re: 747 MOTION for Leave to File Second Amended Complaint.. Document filed by New York Life Insurance And Annuity Corporation, New York Life Insurance Company. (Galeno, Maria) (Entered: 07/16/2012)
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Legal Document (Payment Possibly Required) 785 Filed: 6/27/2012, Entered: None Court Filing
STIPULATION AND ORDER EXTENDING THE XL FUND'S TIME TO ANSWER THE FIRST AMENDED COMPLAINT: Rye Select Broad Market XL Fund answer TO Amended Complaint due 7/23/2012. (Signed by Judge Thomas P. Griesa on 6/27/2012) (djc) (Entered: 07/03/2012)
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Blank 784 Filed: 6/22/2012, Entered: None
ANSWER to Complaint. Document filed by Oppenheimer Acquisition Corporation.(Kotler, David) (Entered: 06/22/2012)
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Blank 783 Filed: 6/22/2012, Entered: None
ANSWER to Complaint. Document filed by Rupert Allan, Jim Mitchell, Rye Investment Management, Robert Schulman, Tremont Capital Management Inc., Tremont Group Holdings, Inc., Tremont Partners, Inc.(Schwartz, Seth) (Entered: 06/22/2012)
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Blank 782 Filed: 6/22/2012, Entered: None
ANSWER to Complaint. Document filed by Massachusetts Mutual Life Insurance Company, Massmutual Holding LLC.(Head, Carol) (Entered: 06/22/2012)
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Legal Document (Payment Possibly Required) 781 Filed: 6/19/2012, Entered: None
DECLARATION of David A. Rosenfeld in Opposition re: 730 MOTION to Dismiss /Notice of Consolidated Motion by the MassMutual Defendants to Dismiss the Fishman Trusts' Amended Complaints., 732 MOTION to Dismiss., 711 MOTION to Dismiss the Amended Complaint., 738 MOTION to Dismiss Fishman Amended Complaint., 735 MOTION to Dismiss Fishman Amended Complaints.. Document filed by Yale M. Fishman 1998 Insurance Trust. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Rosenfeld, David) (Entered: 06/19/2012)
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Legal Document (Payment Possibly Required) 780 Filed: 6/19/2012, Entered: None
MEMORANDUM OF LAW in Opposition re: 711 MOTION to Dismiss the Amended Complaint., 738 MOTION to Dismiss Fishman Amended Complaint., 730 MOTION to Dismiss /Notice of Consolidated Motion by the MassMutual Defendants to Dismiss the Fishman Trusts' Amended Complaints., 732 MOTION to Dismiss., 735 MOTION to Dismiss Fishman Amended Complaints.. Document filed by Yale M. Fishman 1998 Insurance Trust. (Rosenfeld, David) (Entered: 06/19/2012)
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Blank 779 Filed: 6/15/2012, Entered: None
DECLARATION of Sara Siegall in Support re: 747 MOTION for Leave to File Second Amended Complaint.. Document filed by Cummins Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Siegall, Sara) (Entered: 06/15/2012)
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Legal Document (Payment Possibly Required) 778 Filed: 6/15/2012, Entered: None
REPLY to Response to Motion re: 747 MOTION for Leave to File Second Amended Complaint. (Reply to Opposition Brief of New York Life). Document filed by Cummins Inc.. (Siegall, Sara) (Entered: 06/15/2012)
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Legal Document (Payment Possibly Required) 777 Filed: 6/15/2012, Entered: None
REPLY to Response to Motion re: 747 MOTION for Leave to File Second Amended Complaint. (Reply to Opposition Papers of Tremont, MassMutual, Oppenheimer and Rye Defendants). Document filed by Cummins Inc.. (Siegall, Sara) (Entered: 06/15/2012)
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Blank 776 Filed: 6/15/2012, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Sara Siegall dated 6/12/2012 re: counsel for Cummins, Inc. Cummins' Replies in Support of its Motion for Leave to File a Second Amended Complaint (Docket No. 748) are due to be filed this Friday, June 15, 2012. In the interests of efficiency, Cummins would like to file a consolidated twenty-two page Reply in response to the arguments raised in the opposition papers that are set forth in this Order. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 6/15/2012) (pl) Modified on 6/15/2012 (pl). (Entered: 06/15/2012)
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Blank 775 Filed: 6/15/2012, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Sara Siegall dated 6/12/2012 re: counsel for Cummins, Inc. respectfully request that the Court:Allow Cummins to file a twenty-five page brief in response to NYL's opposition to Cummins' Motion for leave; and Allow NYL to file a ten-page brief, on or before July 16, 2012. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 6/15/2012) (pl) (Entered: 06/15/2012)
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Blank 774 Filed: 6/11/2012, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Thomas P. Griesa from Cameron A. Smith dated 5/21/201 re: I respectfully request that that the Court relieve the undersigned as counsel for Defendant ABN AMRO Bank (Ireland) Ltd. (f/k/a Fortis Prime Solutions Bank (Ireland) Limited), and that the official court docket be amended to reflect this change. ENDORSEMENT: Approved., Attorney Cameron Alexander Smith terminated. (Signed by Judge Thomas P. Griesa on 6/7/2012) (lmb) (Entered: 06/11/2012)
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Blank 773 Filed: 6/8/2012, Entered: None Court Filing
ORDER: As discussed at the conference yesterday, the motions to dismiss are denied. Discovery may now proceed in the Elendow action. However, discovery remains stayed, and all motions remain pending, in the other related actions. (Signed by Judge Thomas P. Griesa on 6/8/2012) (cd) (Entered: 06/11/2012)
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Blank 772 Filed: 6/7/2012, Entered: None Court Filing
STIPULATION AND ORDER: It is hereby Stipulated and agreed that the time for plaintiffs to file papers in opposition to defendants' motions to dismiss the consolidated amended complaints filed in these actions shall be and hereby is extended June 19, 2012. The time for defendants to file reply papers in further support of their motions to dismiss shall be and hereby is extended July 27, 2012 (August 7, 2012 for the Funds and Defendants Manzke and Hammonds). Plaintiffs shall file one 75 page omnibus opposition brief in response to the 101 pages filed in support of defendants' motions to dismiss, in lieu of separate opposition briefs., Set Deadlines/Hearing as to (653 in 1:08-cv-11117-TPG) MOTION to Dismiss The Amended Complaint., (649 in 1:08-cv-11117-TPG) MOTION to Dismiss /MassMutual Defendants' Notice of Motion to Dismiss the Complaint., (674 in 1:08-cv-11117-TPG) MOTION to Dismiss the Amended Complaint., (730 in 1:08-cv-11117-TPG) MOTION to Dismiss /Notice of Consolidated Motion by the MassMutual Defendants to Dismiss the Fishman Trusts' Amended Complaints., (711 in 1:08-cv-11117-TPG) MOTION to Dismiss the Amended Complaint., (687 in 1:08-cv-11117-TPG) MOTION to Dismiss dated 2/14/12 - The International DAD Trust v. Tremont., (659 in 1:08-cv-11117-TPG) MOTION to Dismiss The Amended Complaint., (699 in 1:08-cv-11117-TPG) MOTION to Dismiss /Notice of Motion by the MassMutual Defendants to Dismiss the Complaint in the Prickett Action (09 civ 3137). MOTION to Dismiss /Notice of Motion by the MassMutual Defendants to Dismiss the Complaint in the Prickett Action (09 civ 3137)., (738 in 1:08-cv-11117-TPG) MOTION to Dismiss Fishman Amended Complaint., (732 in 1:08-cv-11117-TPG) MOTION to Dismiss., (695 in 1:08-cv-11117-TPG) MOTION to Dismiss /Notice of Motion to Dismiss., (661 in 1:08-cv-11117-TPG) MOTION to Dismiss The Complaint., (676 in 1:08-cv-11117-TPG) MOTION to Dismiss The Amended Complaint., (735 in 1:08-cv-11117-TPG) MOTION to Dismiss Fishman Amended Complaints., (671 in 1:08-cv-11117-TPG) MOTION to Dismiss the Amended Complaint., (646 in 1:08-cv-11117-TPG) MOTION to Dismiss Plaintiff Cummins Inc.'s Amended Complaint filed December 19, 2011., (691 in 1:08-cv-11117-TPG) MOTION to Dismiss the FIRST AMENDED COMPLAINT amending Complaint, against Rupert Allan, MassMutual Holdings LLC, Massachusetts Mutual Life Insurance Co., Jim Mitchell, Oppenheimer Acquisition Corporation, Rye Investment Management, Rye Select Broad, (669 in 1:08-cv-11117-TPG) MOTION to Dismiss /Notice of Motion to Dismss Complaint in the Elendow Fund action., (685 in 1:08-cv-11117-TPG) MOTION to Dismiss dated 2/14/12 - Cummins v. New York Life Insurance Company et al., (32 in 1:11-cv-01283-TPG) MOTION to Dismiss /Notice of Consolidated Motion by the MassMutual Defendants to Dismiss the Fishman Trusts' Amended Complaints., (44 in 1:11-cv-01283-TPG) MOTION to Dismiss Amended Complaint., (36 in 1:11-cv-01283-TPG) MOTION to Dismiss., (41 in 1:11-cv-01283-TPG) MOTION to Dismiss Amended Complaint., (39 in 1:11-cv-01283-TPG) MOTION to Dismiss., (48 in 1:11-cv-01284-TPG) MOTION to Dismiss Amended Complaint., (36 in 1:11-cv-01284-TPG) MOTION to Dismiss /Notice of Consolidated Motion by the MassMutual Defendants to Dismiss the Fishman Trusts' Amended Complaints., (43 in 1:11-cv-01284-TPG) MOTION to Dismiss., (46 in 1:11-cv-01284-TPG) MOTION to Dismiss., (40 in 1:11-cv-01284-TPG) MOTION to Dismiss. :( Responses due by 6/19/2012, Replies due by 8/7/2012.) (Signed by Judge Thomas P. Griesa on 6/7/2012) (jfe) (Entered: 06/08/2012)
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Blank 771 Filed: 5/17/2012, Entered: None
MANDATE of USCA (Certified Copy) as to (615 in 1:08-cv-11117-TPG, 213 in 1:08-cv-11183-TPG, 41 in 1:11-cv-01851-TPG, 16 in 1:10-cv-09251-TPG, 148 in 1:09-cv-00557-TPG) Notice of Appeal, filed by 2005 Tomchin Family Charitable Trust, Lakeview Investments, LP, Phoenix Lake Partners, LP, Edward L White, (149 in 1:09-cv-00557-TPG, 42 in 1:11-cv-01851-TPG, 214 in 1:08-cv-11183-TPG, 17 in 1:10-cv-09251-TPG, 617 in 1:08-cv-11117-TPG) Notice of Appeal,,, filed by Madelyn Haines, Paul Zamrowski, (40 in 1:11-cv-01851-TPG, 614 in 1:08-cv-11117-TPG, 15 in 1:10-cv-09251-TPG, 147 in 1:09-cv-00557-TPG, 212 in 1:08-cv-11183-TPG) Notice of Appeal, filed by Philadelphia Financial Life Assurance Company, (14 in 1:10-cv-09251-TPG, 613 in 1:08-cv-11117-TPG, 211 in 1:08-cv-11183-TPG, 146 in 1:09-cv-00557-TPG, 39 in 1:11-cv-01851-TPG) Notice of Appeal, filed by Orloff Family Trust, (610 in 1:08-cv-11117-TPG) Notice of Appeal, filed by Group Defined Pension Plan & Trust, Yvette Finkelstein, Arthur M. Brainson IRA R/O USCA Case Number 11-3899-cv(L), 11-3923-cv(con), 11-4022-cv(con), 11-4030-cv (con). Upon due consideration, it is hereby ORDERED that:(1) insofar as the motions seek dismissal of Orlof's appeal from the Final judgment, the motions are GRANTED; and (2) insofar as the motions seek dismissal of Orloff's appeal from the fee judgments, the motions are DENIED without prejudice to further briefing before the merits panel. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/17/2012. Filed In Associated Cases: 1:08-cv-11117-TPG, 1:08-cv-11183-TPG, 1:09-cv-00557-TPG, 1:10-cv-09251-TPG, 1:11-cv-01851-TPG(nd) (Entered: 05/22/2012)
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Blank 770 Filed: 5/17/2012, Entered: None Court Filing
STIPULATION AND ORDER EXTENDING THE SCHEDULE FOR PLAINTIFF CUMMINS, INC.'S FILING OF ITS REPLIES IN SUPPORT OF MOTION FOR LEAVE TO FILE SECOND AMENDENDED COMPLAINT: Cummins shall have until June 15, 2012 to file its Replies in Support of Motion for Leave to File Second Amended Complaint. Approved. ( Replies due by 5/15/2012.) (Signed by Judge Thomas P. Griesa on 5/15/2012) (pl) Modified on 5/17/2012 (pl). (Entered: 05/17/2012)
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Blank 769 Filed: 5/11/2012, Entered: None
JOINDER to join re: (200 in 1:09-cv-00557-TPG) Memorandum of Law in Opposition, (768 in 1:08-cv-11117-TPG) Memorandum of Law in Opposition to Motion, (766 in 1:08-cv-11117-TPG) Memorandum of Law in Opposition to Motion,. Document filed by Oppenheimer Acquisition Corporation.Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Kotler, David) (Entered: 05/11/2012)
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Blank 768 Filed: 5/11/2012, Entered: None
MEMORANDUM OF LAW in Opposition re: 747 MOTION for Leave to File Second Amended Complaint. (Document relates to Cummins, Inc. action 10 civ 9252 and Insurance Action 09 civ 557). Document filed by Massachusetts Mutual Life Insurance Company, Massmutual Holding LLC. (Head, Carol) (Entered: 05/11/2012)
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Blank 767 Filed: 5/11/2012, Entered: None
JOINDER to join re: (200 in 1:09-cv-00557-TPG) Memorandum of Law in Opposition, (766 in 1:08-cv-11117-TPG) Memorandum of Law in Opposition to Motion,. Document filed by Rye Select Broad Market Prime Fund LP, Rye Select Broad Market XL Fund, L.P., Tremont Opportunity Fund III, L.P..Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Kanfer, David) (Entered: 05/11/2012)
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Blank 766 Filed: 5/11/2012, Entered: None
MEMORANDUM OF LAW in Opposition re: 747 MOTION for Leave to File Second Amended Complaint.. Document filed by Rye Investment Management, Tremont (Bermuda) Ltd, Tremont Capital Management Inc., Tremont Group Holdings, Inc., Tremont Partners, Inc. (Schwartz, Seth) (Entered: 05/11/2012)
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Blank 765 Filed: 5/10/2012, Entered: None
MEMORANDUM OF LAW in Opposition re: 747 MOTION for Leave to File Second Amended Complaint.. Document filed by New York Life Insurance And Annuity Corporation, New York Life Insurance Company. (Galeno, Maria) (Entered: 05/10/2012)
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Blank 764 Filed: 5/4/2012, Entered: None Court Filing
STIPULATION AND ORDER EXTENDING THE SCHEDULE FOR DEFENDANTS' REPLIES TO PLAINTIFF'S MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT: Defendants shall have until May 11, 2012 to file their responses to the Motion. Set Deadlines/Hearing as to (747 in 1:08-cv-11117-TPG) MOTION for Leave to File Second Amended Complaint :( Responses due by 5/11/2012) (Signed by Judge Thomas P. Griesa on 5/4/2012) (mro) (Entered: 05/04/2012)
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Blank 763 Filed: 5/1/2012, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 704 MOTION to Dismiss Plaintiff's Amended Complaint.. Document filed by Oppenheimer Acquisition Corporation. (Kotler, David) (Entered: 05/01/2012)
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Blank 762 Filed: 5/1/2012, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 699 MOTION to Dismiss /Notice of Motion by the MassMutual Defendants to Dismiss the Complaint in the Prickett Action (09 civ 3137). MOTION to Dismiss /Notice of Motion by the MassMutual Defendants to Dismiss the Complaint in the Prickett Action (09 civ 3137).. Document filed by Massachusetts Mutual Life Insurance Company, Massmutual Holding LLC. (Head, Carol) (Entered: 05/01/2012)
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Blank 761 Filed: 5/1/2012, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 711 MOTION to Dismiss the Amended Complaint.. Document filed by Rye Investment Management, Tremont (Bermuda) Ltd, Tremont Capital Management Inc., Tremont Group Holdings, Inc., Tremont Partners, Inc. (Schwartz, Seth) (Entered: 05/01/2012)
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Blank 760 Filed: 5/1/2012, Entered: None
DECLARATION of Maria T. Galeno in Support re: 695 MOTION to Dismiss /Notice of Motion to Dismiss.. Document filed by New York Life Insurance And Annuity Corporation, New York Life Insurance Company. (Attachments: # 1 Exhibit H)(Galeno, Maria) (Entered: 05/01/2012)
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Blank 759 Filed: 5/1/2012, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 695 MOTION to Dismiss /Notice of Motion to Dismiss.. Document filed by New York Life Insurance And Annuity Corporation, New York Life Insurance Company. (Galeno, Maria) (Entered: 05/01/2012)
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Blank 758 Filed: 4/26/2012, Entered: None Court Filing
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: that Maggie Sklar to Appear Pro Hac Vice as counsel for Sandra L. Manzke in the above-captioned case in the United States District Court for the Southern District of New York. (Signed by Judge Thomas P. Griesa on 4/26/2012) (pl) (Entered: 04/27/2012)
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Blank 757 Filed: 4/26/2012, Entered: None Court Filing
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: that Maggie E. Sklar is admitted to practice pro hac vice as counsel for Sandra L. Manzke and Suzanne Hammond in the above-captioned case in the United States District Court for the Southern District of New York. (Signed by Judge Thomas P. Griesa on 4/26/2012) (pl) Modified on 4/27/2012 (pl). (Entered: 04/27/2012)
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Legal Document (Payment Possibly Required) 756 Filed: 4/25/2012, Entered: None
REPLY MEMORANDUM OF LAW in Support re: (174 in 1:09-cv-00557-TPG, 30 in 1:11-cv-01687-TPG, 687 in 1:08-cv-11117-TPG) MOTION to Dismiss dated 2/14/12 - The International DAD Trust v. Tremont.. Document filed by Tremont International Insurance Fund, L.P., Tremont Opportunity Fund III, L.P.. Filed In Associated Cases: 1:09-md-02052-TPG, 1:08-cv-11117-TPG, 1:09-cv-00557-TPG, 1:11-cv-01687-TPG(Kanfer, David) (Entered: 04/25/2012)
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Blank 755 Filed: 4/25/2012, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 676 MOTION to Dismiss The Amended Complaint.. Document filed by Rye Investment Management, Tremont Group Holdings, Inc., Tremont Partners, Inc. (Schwartz, Seth) (Entered: 04/25/2012)
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Legal Document (Payment Possibly Required) 754 Filed: 4/25/2012, Entered: None
DECLARATION of Sara Siegall in Support re: 747 MOTION for Leave to File Second Amended Complaint.. Document filed by Cummins Inc.. (Siegall, Sara) (Entered: 04/25/2012)
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Blank 753 Filed: 4/20/2012, Entered: None Court Filing
STIPULATION AND ORDER: that the time for defendants to file reply briefs in further support of their motions to dismiss the amended complaint in this action shall be and hereby is adjourned from April 19, 2012, to May 1, 2012 (from May 4, 2012, to May 11, 2012, in the case of defendants Rye Select Broad Market XL Fund, L.P., Rye Select Broad Market Prime Fund. L.P. Rye Select Broad Market Insurance Portfolio LDC and Tremont Opportunity Fund III. L.P.). (Replies due by 5/11/2012.) (Signed by Judge Thomas P. Griesa on 4/20/2012) (cd) (Entered: 04/23/2012)
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Legal Document (Payment Possibly Required) 752 Filed: 4/20/2012, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 671 MOTION to Dismiss the Amended Complaint.. Document filed by Rupert Allan, Jim Mitchell, Rye Investment Management, Robert Schulman, Tremont Capital Management Inc., Tremont Group Holdings, Inc., Tremont Partners, Inc. (Attachments: # 1 Exhibit 1 (Red Flag Chart))(Schwartz, Seth) (Entered: 04/20/2012)
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Blank 751 Filed: 4/20/2012, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 674 MOTION to Dismiss the Amended Complaint.. Document filed by Oppenheimer Acquisition Corporation. (Kotler, David) (Entered: 04/20/2012)
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Blank 750 Filed: 4/20/2012, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 669 MOTION to Dismiss /Notice of Motion to Dismss Complaint in the Elendow Fund action.. Document filed by Massachusetts Mutual Life Insurance Company, Massmutual Holding LLC. (Head, Carol) (Entered: 04/20/2012)
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Blank 749 Filed: 4/13/2012, Entered: None
FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #754) - DECLARATION of Sara Siegall in Support re: 747 MOTION for Leave to File Second Amended Complaint.. Document filed by Cummins Inc.. (Attachments: # 1 Exhibit Proposed Second Amended Complaint)(Siegall, Sara) Modified on 5/3/2012 (ldi). (Entered: 04/13/2012)
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Blank 748 Filed: 4/13/2012, Entered: None
MEMORANDUM OF LAW in Support re: 747 MOTION for Leave to File Second Amended Complaint.. Document filed by Cummins Inc.. (Siegall, Sara) (Entered: 04/13/2012)
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Blank 747 Filed: 4/13/2012, Entered: None
MOTION for Leave to File Second Amended Complaint. Document filed by Cummins Inc..(Siegall, Sara) (Entered: 04/13/2012)
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Blank 746 Filed: 4/13/2012, Entered: None
JOINDER to join re: (733 in 1:08-cv-11117-TPG) Memorandum of Law in Support of Motion,. Document filed by Rye Select Broad Market Insurance Fund LP, Rye Select Broad Market Prime Fund, Rye Select Broad Market XL Fund, Tremont Opportunity Fund III LP.Filed In Associated Cases: 1:09-md-02052-TPG, 1:08-cv-11117-TPG, 1:11-cv-01283-TPG, 1:11-cv-01284-TPG(Kanfer, David) (Entered: 04/13/2012)
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Blank 745 Filed: 4/3/2012, Entered: None Court Filing
STIPULATION AND ORDER: The time for defendants to file reply briefs in further support of their motions to dismiss the amended complaint in this action shall be and hereby is adjourned from April 4, 2012, to April 25, 2012. (Replies due by 4/25/2012.) (Signed by Judge Thomas P. Griesa on 4/3/2012) (ft) (Entered: 04/03/2012)
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Legal Document (Payment Possibly Required) 744 Filed: 3/30/2012, Entered: None
DECLARATION of William S. Norton in Opposition re: 699 MOTION to Dismiss /Notice of Motion by the MassMutual Defendants to Dismiss the Complaint in the Prickett Action (09 civ 3137). MOTION to Dismiss /Notice of Motion by the MassMutual Defendants to Dismiss the Complaint in the Prickett Action (09 civ 3137)., 695 MOTION to Dismiss /Notice of Motion to Dismiss., 711 MOTION to Dismiss the Amended Complaint., 704 MOTION to Dismiss Plaintiff's Amended Complaint.. Document filed by F. Daniel Prickett. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22)(Norton, William) (Entered: 03/30/2012)
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Legal Document (Payment Possibly Required) 743 Filed: 3/30/2012, Entered: None
MEMORANDUM OF LAW in Opposition re: 711 MOTION to Dismiss the Amended Complaint.. Document filed by F. Daniel Prickett. (Norton, William) (Entered: 03/30/2012)
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Legal Document (Payment Possibly Required) 742 Filed: 3/30/2012, Entered: None
MEMORANDUM OF LAW in Opposition re: 695 MOTION to Dismiss /Notice of Motion to Dismiss.. Document filed by F. Daniel Prickett. (Norton, William) (Entered: 03/30/2012)
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Legal Document (Payment Possibly Required) 741 Filed: 3/30/2012, Entered: None
MEMORANDUM OF LAW in Opposition re: 699 MOTION to Dismiss /Notice of Motion by the MassMutual Defendants to Dismiss the Complaint in the Prickett Action (09 civ 3137). MOTION to Dismiss /Notice of Motion by the MassMutual Defendants to Dismiss the Complaint in the Prickett Action (09 civ 3137)., 704 MOTION to Dismiss Plaintiff's Amended Complaint.. Document filed by F. Daniel Prickett. (Norton, William) (Entered: 03/30/2012)
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Legal Document (Payment Possibly Required) 740 Filed: 3/23/2012, Entered: None
DECLARATION of Hutson Smelley in Support re: (193 in 1:09-cv-00557-TPG) MOTION to Dismiss Fishman Amended Complaint.. Document filed by Philadelphia Financial Life Assurance Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4-1, # 5 Exhibit 4-2, # 6 Exhibit 4-3, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9)Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Smelley, Hutson) (Entered: 03/23/2012)
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Legal Document (Payment Possibly Required) 739 Filed: 3/23/2012, Entered: None
MEMORANDUM OF LAW in Support re: (193 in 1:09-cv-00557-TPG) MOTION to Dismiss Fishman Amended Complaint.. Document filed by Philadelphia Financial Life Assurance Company. Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Smelley, Hutson) (Entered: 03/23/2012)
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Legal Document (Payment Possibly Required) 738 Filed: 3/23/2012, Entered: None
MOTION to Dismiss Fishman Amended Complaint. Document filed by Philadelphia Financial Life Assurance Company.Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Smelley, Hutson) (Entered: 03/23/2012)
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Legal Document (Payment Possibly Required) 737 Filed: 3/23/2012, Entered: None
FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE of Motion. Document filed by Philadelphia Financial Life Assurance Company. (Smelley, Hutson) Modified on 6/26/2012 (lb). (Entered: 03/23/2012)
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Legal Document (Payment Possibly Required) 736 Filed: 3/23/2012, Entered: None
MEMORANDUM OF LAW in Support re: (735 in 1:08-cv-11117-TPG, 191 in 1:09-cv-00557-TPG) MOTION to Dismiss Fishman Amended Complaints.. Document filed by Oppenheimer Acquisition Corporation. Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Kotler, David) (Entered: 03/23/2012)
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Legal Document (Payment Possibly Required) 735 Filed: 3/23/2012, Entered: None
MOTION to Dismiss Fishman Amended Complaints. Document filed by Oppenheimer Acquisition Corporation.Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Kotler, David) (Entered: 03/23/2012)
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Legal Document (Payment Possibly Required) 734 Filed: 3/23/2012, Entered: None
DECLARATION of Jason C. Vigna in Support re: (732 in 1:08-cv-11117-TPG, 188 in 1:09-cv-00557-TPG) MOTION to Dismiss.. Document filed by Rupert Allan, Lynn O. Keeshan, Rye Investment Management, Mark Santero, Robert Schulman, Tremont Capital Management Inc., Tremont Group Holdings, Inc., Tremont Partners, Inc, Tremont Partners Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Schwartz, Seth) (Entered: 03/23/2012)
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Legal Document (Payment Possibly Required) 733 Filed: 3/23/2012, Entered: None
MEMORANDUM OF LAW in Support re: (188 in 1:09-cv-00557-TPG, 732 in 1:08-cv-11117-TPG) MOTION to Dismiss.. Document filed by Rupert Allan, Lynn O. Keeshan, Rye Investment Management, Mark Santero, Robert Schulman, Tremont Capital Management Inc., Tremont Group Holdings, Inc., Tremont Partners, Inc, Tremont Partners Inc.. Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Schwartz, Seth) (Entered: 03/23/2012)
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Legal Document (Payment Possibly Required) 732 Filed: 3/23/2012, Entered: None
MOTION to Dismiss. Document filed by Rupert Allan, Lynn O. Keeshan, Rye Investment Management, Mark Santero, Robert Schulman, Tremont Capital Management Inc., Tremont Group Holdings, Inc., Tremont Partners, Inc, Tremont Partners Inc.. Responses due by 6/7/2012Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Schwartz, Seth) (Entered: 03/23/2012)
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Legal Document (Payment Possibly Required) 731 Filed: 3/23/2012, Entered: None
MEMORANDUM OF LAW in Support re: (186 in 1:09-cv-00557-TPG) MOTION to Dismiss /Notice of Consolidated Motion by the MassMutual Defendants to Dismiss the Fishman Trusts' Amended Complaints.. Document filed by Massachusetts Mutual Life Insurance Company, Massmutual Holding LLC. (Attachments: # 1 Addendum)Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Head, Carol) (Entered: 03/23/2012)
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Legal Document (Payment Possibly Required) 730 Filed: 3/23/2012, Entered: None
MOTION to Dismiss /Notice of Consolidated Motion by the MassMutual Defendants to Dismiss the Fishman Trusts' Amended Complaints. Document filed by Massachusetts Mutual Life Insurance Company, Massmutual Holding LLC. Responses due by 6/7/2012Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Head, Carol) (Entered: 03/23/2012)
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Legal Document (Payment Possibly Required) 729 Filed: 3/23/2012, Entered: None Court Filing
STIPULATION AND ORDER: The time for defendants to answer, move against or otherwise respond to plaintiffs' consolidated amended complaints is extended to 3/23/2012 (4/13/2012 for Tremont Opportunity Fund III, L.P., Rye Select Broad Market Insurance Fund L.P., Rye Select Broad Market Prime Fund, L.P. and Rye Select Broad Market XL Fund, L.P.). P1aintitfs' time to file papers in opposition to the defendants' motion(s) to dismiss the amended complaints shall be adjourned to 6/7/2012. Defendants' time to file reply papers in further support of their motions to dismiss is adjourned to 7/13/2012 (7/25/2012, for the Funds). (Responses due by 6/7/2012. Replies due by 7/25/2012.) (Signed by Judge Thomas P. Griesa on 3/22/2012) (ab) (Entered: 03/23/2012)
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Legal Document (Payment Possibly Required) 728 Filed: 3/20/2012, Entered: None
JOINDER to join re: (725 in 1:08-cv-11117-TPG) Reply Memorandum of Law in Support of Motion, (727 in 1:08-cv-11117-TPG) Reply Memorandum of Law in Support of Motion, dated 3/20/12. Document filed by Rye Select Broad Market Fund, L.P., Rye Select Broad Market XL Fund, L.P..Filed In Associated Cases: 1:08-cv-11117-TPG, 1:08-cv-11183-TPG, 1:11-cv-01851-TPG(Kanfer, David) (Entered: 03/20/2012)
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Legal Document (Payment Possibly Required) 727 Filed: 3/20/2012, Entered: None
REPLY MEMORANDUM OF LAW in Support re: (223 in 1:08-cv-11183-TPG, 656 in 1:08-cv-11117-TPG, 65 in 1:11-cv-01851-TPG) MOTION for Judgment on the Pleadings.. Document filed by Patrick Kelly, Robert I. Schulman, Harry Hodges, Darren Johnston, James V. Mitchell, Stuart Pologe, Tremont Group Holdings Inc., Tremont Partners, Inc.. Filed In Associated Cases: 1:08-cv-11117-TPG, 1:08-cv-11183-TPG, 1:11-cv-01851-TPG(Schwartz, Seth) (Entered: 03/20/2012)
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Legal Document (Payment Possibly Required) 726 Filed: 3/20/2012, Entered: None
REPLY MEMORANDUM OF LAW in Support re: (226 in 1:08-cv-11183-TPG, 68 in 1:11-cv-01851-TPG, 661 in 1:08-cv-11117-TPG) MOTION to Dismiss The Complaint.. Document filed by Oppenheimer Acquisition Corporation, Oppenheimer Acquisition Corp., Oppenheimer Acquistion Corporation. Filed In Associated Cases: 1:08-cv-11117-TPG, 1:08-cv-11183-TPG, 1:11-cv-01851-TPG(Kotler, David) (Entered: 03/20/2012)
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Blank 725 Filed: 3/20/2012, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 651 MOTION for Judgment on the Pleadings in the Lakeview case (11 civ 1851).. Document filed by Massachusetts Mutual Life Insurance Company. (Head, Carol) (Entered: 03/20/2012)
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Blank 724 Filed: 3/14/2012, Entered: None Court Filing
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties hereto, as follows: 1. The time for defendants to answer, move against or otherwise respond to plaintiffs' consolidated amended complaints shall be and hereby is adjourned from March 9, 2012, to March 16, 2012 (March 23, 2012 for Tremont Opportunity Fund III, L.P., Rye Select Broad Market Insurance Fund L.P., Rye Select Broad Market Prime Fund, L.P. and Rye Select Broad Market XL Fund, L.P. (the "Funds")). 2. Plaintiff's time to file papers in opposition to the defendants' motion(s) to dismiss the consolidated amended complaints shall be and hereby is adjourned from May 10, 2012, to May 24, 2012. 3. The defendants' time to file reply papers in further support of their motions to dismiss shall be and hereby is adjourned from June 1, 2012, to June 15, 2012 (June 22, 2012 for the Funds). 4. This stipulation does not constitute a waiver by defendants of any substantive or procedural defense to the consolidated amended complaints., ( Responses due by 5/24/2012., Replies due by 6/22/2012.) (Signed by Judge Thomas P. Griesa on 3/13/2012) (lmb) (Entered: 03/19/2012)
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Blank 723 Filed: 3/16/2012, Entered: None Court Filing
STIPULATION AND ORDER EXTENDING THE SCHEDULE FOR BRIEFING OF DEFENDANTS' ANTICIPATED MOTIONS TO DISMISS: 1. The Fund Defendants shall move or otherwise respond to Plaintiff Prickett's Amended Complaint by March 14, 2012; 2. Plaintiff Prickett will not further amend, or file a motion to amend, his Amended Complaint on or before March 14, 2012; 3. Should the Fund Defendants, move to dismiss the Amended Complaint, Plaintiff Prickett shall file his opposition to the Fund Defendants' motions to dismiss thirty (30) days after the Fund Defendants' motion to dismiss is filed; and 4. The Fund Defendants shall file a reply brief fourteen (14) days after Tremont Capital Management, Inc., Rye Investment Management, Tremont (Bermuda) Ltd., Tremont Group Holding, Inc., and Tremont Partners, Inc.'s reply brief is filed. (Signed by Judge Thomas P. Griesa on 3/16/2012) (lmb) (Entered: 03/16/2012)
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Blank 722 Filed: 3/16/2012, Entered: None Court Filing
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties hereto, as follows: 1. The time for Defendants Massachusetts Mutual Life Insurance Co., MassMutual Holding LLC, Oppenheimer Acquisition Corp., Tremont Group Holdings, Inc., Tremont Partners, Inc., Rye Investment Management, Tremont Capital Management, Inc., Robert Schulman, Rupert Allan and Jim Mitchell (the "Defendants") to answer, move against or otherwise respond to plaintiff's first amended complaint shall be and hereby is adjourned from February 6, 2012, to February 8, 2012. 2. Plaintiff's time to oppose the Defendants' motion(s) to dismiss the amended complaint, if any, shall be and hereby is adjourned from February 29, 2012, to March 2, 2012. 3. The Defendants' time to file replies in further support of their motions to dismiss, if any, shall be and hereby is adjourned from March 20, 2012, to March 22, 2012., ( Responses due by 3/2/2012., Replies due by 3/22/2012.) (Signed by Judge Thomas P. Griesa on 3/16/2012) (lmb) (Entered: 03/16/2012)
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Blank 721 Filed: 3/16/2012, Entered: None Court Filing
STIPULATION AND ORDER DISMISSING CERTAIN CLAIMS IN PLAINTIFF'S FIRST AMENDED COMPLAINT: IT IS HEREBY STIPULATED, by and between the undersigned counsel for the parties, and subject to the approval of the Court, as follows: 1. Pursuant to Fed. R. Civ. P. 41(a)(2), Plaintiff dismisses the following claims with prejudice and with each party bearing its own fees, costs and expenses: a. the Second Cause of Action for violation of the Texas Securities Act article 581-33F(1) against all Defendants; b. the Third Cause of Action for violation of the Texas Securities Act article 581-33F(2) against all Defendants; and c. the Fifth Cause of Action for common-law negligence against Defendants Tremont Opportunity Fund III, L.P., Tremont International Insurance Fund, L.P., Tremont Partners, Inc., Rye Investment Management, and Tremont Group Holdings, Inc. 2. Accordingly, pursuant to Fed. R. Civ. P. 41(a)(2), Plaintiff dismisses all claims against Defendants Massachusetts Mutual Life Insurance Company, MassMutual Holding LLC and Oppenheimer Acquisition Corp. with prejudice and with each party bearing its own fees, costs and expenses. 3. All other claims asserted in Plaintiff's First Amended Complaint shall remain pending. Defendants Tremont Opportunity Fund III, L.P., Tremont International Insurance Fund, L.P., Tremont Partners, Inc., Rye Investment Management, and Tremont Group Holdings, Inc.'s Motions to Dismiss shall also remain pending, and the deadline for those Defendants to file any reply brief in support of their Motions to Dismiss shall be filed no later than twenty (20) days after Plaintiff files any memorandum in opposition as set forth in the Parties' stipulation ordered by the Court on February 3, 2012 (Dkt. Entry 666 in 08 Civ. 11117). (Signed by Judge Thomas P. Griesa on 3/16/2012) Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG, 1:11-cv-01687-TPG(lmb) (Entered: 03/16/2012)
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Legal Document (Payment Possibly Required) 720 Filed: 3/15/2012, Entered: None
MEMORANDUM OF LAW in Opposition re: 676 MOTION to Dismiss The Amended Complaint., 687 MOTION to Dismiss dated 2/14/12 - The International DAD Trust v. Tremont.. Document filed by The International Dad Trust. (Perry-Miller, Ralph) (Entered: 03/15/2012)
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