ORDER APPROVING DISTRIBUTION PLAN granting 999 Motion to Approve Distribution Plan. IT IS HEREBY ORDERED THAT: This Order incorporates by reference the definitions in the Stipulation and Agreement of Settlement dated November 30, 2012 (ECF No. 767-1) (the "Stipulation") and in the Cirami Declaration and all capitalized terms used herein and not otherwise defined shall have the same meanings as ascribed to them in the Stipulation or in the Cirami Declaration. This Court has jurisdiction over the subject matter of the Action and over all parties to the Action, including all Class Members. Lead Plaintiffs' plan for distribution of the Net Settlement Fund to Authorized Claimants is APPROVED, as further set forth in this Order. (Signed by Judge P. Kevin Castel on 5/4/2015) (kko) Modified on 5/5/2015 (kko). (Entered: 05/04/2015)
MEMORANDUM OF LAW in Support re: 999 MOTION to Approve Distribution Plan . . Document filed by Fjarde Ap-Fonden, Ohio Public Employees Retirement System, State Teachers Retirement System of Ohio, Stichting Pensioenfonds Zorg en Welzijin, Teachers Retirement System of Texas. (Rizio-Hamilton, John) (Entered: 04/13/2015)
MOTION to Approve Distribution Plan . Document filed by Fjarde Ap-Fonden, Ohio Public Employees Retirement System, State Teachers Retirement System of Ohio, Stichting Pensioenfonds Zorg en Welzijin, Teachers Retirement System of Texas. (Attachments: # 1 Text of Proposed Order)(Rizio-Hamilton, John) (Entered: 04/13/2015)
Costs Taxed as to 997 USCA Mandate,, USCA Case Number 13-1573(L); 13-1677; 13-1 798; 13-1830; 13-1853. in the amount of $394.00. on 12/09/2014 in favor of Plaintiffs-Appellees Public Pension Funds and Grant Mitchell against AMP Capital Investors Limited, et al., Objectors-Appellants. (nd) (nd). (Entered: 12/10/2014)
MANDATE of USCA (Certified Copy) as to 898 Notice of Appeal, filed by Leonard Masiowski, MaryAnn Masiowski, Michael J. Rinis Babette, 896 Notice of Appeal filed by Michael Washenik, 890 Notice of Appeal, filed by Charles N. Dornfest, 897 Notice of Appeal, filed by Marshall Orloff, St. Stephen, Inc., 888 Notice of Appeal, filed by AMP Capital Investors Limited, H.E.S.T. Australia Ltd, Colonial First State Investments Ltd USCA Case Number 13-1573(L); 13-1677; 13-1798; 13-1830; 13-1853. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/03/2014. (nd) (Entered: 12/04/2014)
MEMO ENDORSEMENT on re: 915 Notice (Other) filed by Public Pension Funds. ENDORSEMEENT: Application Granted. Attorney Irina Kobylevsky terminated. (Signed by Judge P. Kevin Castel on 5/22/2014) (tn) (Entered: 05/22/2014)
MEMO ENDORSEMENT granting (993 in case 1:09-cv-00580-PKC) Motion to Withdraw as Attorney. ENDORSEMENT: Application granted. Attorney Michael Benjamin Weiner terminated in case 1:09-md-02058-PKC. (Signed by Judge P. Kevin Castel on 5/2/2014) Filed In Associated Cases: 1:09-md-02058-PKC et al. (tn) (Entered: 05/02/2014)
MANDATE of USCA (Certified Copy) as to 888 Notice of Appeal, filed by AMP Capital Investors Limited, H.E.S.T. Australia Ltd, Colonial First State Investments Ltd USCA Case Number 13-1573....that the appeal is hereby WITHDRAWN pursuant to Rule 42 of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 04/18/2014. (nd) (Entered: 04/18/2014)
LETTER addressed to Judge P. Kevin Castel from John G. Grech, Executor for the Estate of John E. Grech, dated 2/21/14 re: This letter is a request for the Court to favorably consider including those owners of Bank of America stock who for valid reasons filed Proof of Claim Forms past the originally stipulated deadline of 4/25/13. Document filed by John G. Grech.(sc) Modified on 2/26/2014 (sc). (Entered: 02/26/2014)
MANDATE of USCA (Certified Copy) as to (979 in 1:09-md-02058-PKC, 205 in 1:10-cv-02284-PKC) Notice of Appeal, filed by Kers & Co., KERS & Co. USCA Case Number 13-4469....that the appeal is hereby WITHDRAWN pursuant to Rule 42 of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 2/21/2014. Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC(nd) (Entered: 02/24/2014)
STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE: The undersigned parties hereby stipulate and agree that all claims asserted by Thomas P. DiNapoli, Comptroller of the State of New York, as Administrative Head of the New York State and Local Retirement Systems and as sole Trustee of the New York State Common Retirement Fund, The New York State Teachers' Retirement System, and/or The Public Employees' Retirement Association of Colorado, against Bank of America Corporation, Kenneth D. Lewis, Joe L. Price, and/or Neil A. Cotty, are dismissed in their entirety with prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1), and without costs. (Signed by Judge P. Kevin Castel on 12/19/2013) Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-05563-PKC(mro) Modified on 12/23/2013 (mro). (Entered: 12/23/2013)
STIPULATION AND ORDER OF PARTIAL DISMISSAL WITH PREJUDICE: The undersigned parties hereby stipulate and agree that all claims asserted by the following as listed herein are dismissed in their entirety with prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1), and without costs. (See Order). (Signed by Judge P. Kevin Castel on 12/18/2013) Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC(ja) (Entered: 12/19/2013)
CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum and Order dated December 11, 2013, the defendants' motion to dismiss is granted and Plaintiffs' alternative request for a stay pending a motion to remand is denied. (Signed by Clerk of Court Ruby Krajick on 12/17/13) (Attachments: # 1 Notice of Right to Appeal)Filed In Associated Cases: 1:09-md-02058-PKC, 1:12-cv-05210-PKC(ml) (Entered: 12/17/2013)
MANDATE of USCA (Certified Copy) as to (116 in 1:10-cv-00275-PKC, 890 in 1:09-md-02058-PKC) Notice of Appeal, filed by Charles N. Dornfest USCA Case Number 13-1677(con). Defendants-Appellees, through counsel, moved to dismiss the appeal of Plaintiff-Appellant Charles N. Dornfest, docketed under 13-1677, for lack of appellate jurisdiction, or, in the alternative, to unconsolidate that appeal from the appeals docketed under 13-1573, 13-1798, 13-1830, and 13-1853. The parties have now filed a stipulation pursuant to Local Rule 42.1 to withdraw the appeal docketed under 13-1677. Upon due consideration, it is hereby ORDERED that the appeal is WITHDRAWN without costs or attorney's fees, and without prejudice to reinstatement by Plaintiff-Appellant by November 29, 2013. It is further ORDERED that, if the appeal is reinstated, the merits brief of Defendants-Appellees shall be due 11 days from the date of reinstatement, and the motion of Defendants-Appellees to dismiss the appeal shall be deemed submitted as of such date. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/11/2013. Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-00275-PKC(nd) (Entered: 12/11/2013)
MEMORANDUM AND ORDER granting (906) Motion to Dismiss in case 1:09-md-02058-PKC; granting (56) Motion to Dismiss in case 1:12-cv-05210-PKC. For the reasons explained, the defendants' motion to dismiss is GRANTED. (12 Civ. 5210, Docket # 56.) Plaintiffs' alternative request for a stay pending a motion to remand is DENIED. The Clerk is directed to terminate the motion. (Signed by Judge P. Kevin Castel on 12/11/2013) Filed In Associated Cases: 1:09-md-02058-PKC, 1:12-cv-05210-PKC (lmb) (Entered: 12/11/2013)
985
Filed: 12/10/2013, Entered: None
NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE AND WITHOUT COSTS: that pursuant to Rule 41(a)(1)(A)(i), Plaintiff Charles N. Dornfest hereby voluntarily dismisses this action with prejudice, and without costs or disbursement as to any party. SO ORDERED. (Signed by Judge P. Kevin Castel on 12/10/2013) Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-00275-PKC. (ja) (Entered: 12/10/2013)
984
Filed: 12/5/2013, Entered: None
STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE: that all claims asserted herein and as set forth are dismissed in their entirety with prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1), and without costs. (Signed by Judge P. Kevin Castel on 12/5/2013) Filed In Associated Cases: 1:09-md-02058-PKC, 1:11-cv-07779-PKC. (ja) (Entered: 12/05/2013)
STIPULATION AND ORDER OF PARTIAL DISMISSAL WITH PREJUDICE: that all claims asserted by the following as listed herein are dismissed in their entirety with prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1), and without costs. (Signed by Judge P. Kevin Castel on 12/4/2013) Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC(ja) Modified on 12/4/2013 (ja). (Entered: 12/04/2013)
STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE: The undersigned parties hereby stipulate and agree that all claims asserted by Steve R. Graber (individually and as assignee of claims of the SRG 2008 Trust) against Bank of America Corporation, Kenneth D. Lewis, Joe L. Price, Neil A, Cotty, William Barnet, III, Frank P. Bramble, Sr., John T. Collins, Gary L. Countryman, Gen. Tommy R. Franks, Charles K. Gifford, Monica C. Lozano, Walter E. Massey, Thomas J. May, Patricia E. Mitchell, Thomas M. Ryan, O. Temple Sloan, Jr., Meredith R. Spangler, Robert L. Tillman, Jackie M. Ward, and/or John A. Thain are dismissed in their entirety with prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1), and without costs. (Signed by Judge P. Kevin Castel on 12/4/2013) Filed In Associated Cases: 1:09-md-02058-PKC, 1:11-cv-07070-PKC(ja) Modified on 12/5/2013 (ja). (Entered: 12/04/2013)
ORDER OF DISMISSAL: The Court having been advised that the parties have reached agreements in principle to settle all claims asserted in the actions with docket numbers 10 Civ. 2284, 10 Civ. 5563, 11 Civ. 7070 and 11 Civ. 7779, it is ORDERED, that the above-captioned actions are hereby dismissed and discontinued without costs, and without prejudice to the right to reopen any action within thirty (30) days if settlement is not consummated. All motions are deemed withdrawn without prejudice to re-filing in the event that the case is reopened. (09 MD 2058, Docket # 934, 938,939, 940, 941, 943, 946, 947; 10 Civ. 2284, Docket # 165, 169, 170, 171, 172, 174, 177, 178; 10 Civ. 5563, Docket # 125, 126, 127, 128, 131, 132; 11 Civ. 7070, Docket # 100, 104, 105, 106, 107, 109, 112, 113; 11 Civ. 7779, Docket # 113, 114, 115, 116, 117, 119, 120, 123, 124.) (Signed by Judge P. Kevin Castel on 11/26/2013) Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC, 1:10-cv-05563-PKC, 1:11-cv-07070-PKC, 1:11-cv-07779-PKC(lmb) Modified on 11/27/2013 (lmb). (Entered: 11/26/2013)
ORDER in case 1:09-md-02058-PKC; granting (203) Motion to Withdraw in case 1:10-cv-02284-PKC; granting (149) Motion to Withdraw in case 1:10-cv-05563-PKC; granting (133) Motion to Withdraw in case 1:11-cv-07070-PKC; granting (143) Motion to Withdraw in case 1:11-cv-07779-PKC. Before the Court is the Motion to Withdraw Melissa Armstrong as Attorney of Record for Defendant Joe L. Price. Having considered the Motion, the Court is of the opinion that it should be granted. It is hereby ORDERED that Melissa Armstrong be withdrawn as counsel of record for Defendant Joe L. Price. (Signed by Judge P. Kevin Castel on 11/26/2013) Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC, 1:10-cv-05563-PKC, 1:11-cv-07070-PKC, 1:11-cv-07779-PKC (lmb) (Entered: 11/26/2013)
NOTICE OF APPEAL from (204 in 1:10-cv-02284-PKC) Clerk's Judgment,,. Document filed by KERS & Co.. Filing fee $ 455.00, receipt number 0208-9096519. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC(Eskridge, Charles) (Entered: 11/19/2013)
RULE 54(B) CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum and Order dated November 4, 2014, the Court concludes, for the reasons stated, that there is no just reason for delay, Plaintiff's motion for entry of judgment under Rule 54(b) is granted; accordingly, there is no just reason for delay, pursuant to Fed. R. Civ. P. 54(b), judgment is entered for the defendants solely as to the claims brought by plaintiff KERS & Co. (10 Civ. 2284; 09 MD 2058). (Signed by Clerk of Court Ruby Krajick on 11/14/13) (Attachments: # 1 Notice of Right to Appeal)Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC(ml) (Entered: 11/14/2013)
MEMORANDUM AND ORDER ON RULE 54(b) MOTION granting (962) Motion for Entry of Judgment under Rule 54(b) in case 1:09-md-02058-PKC. The Court concludes, for the reasons stated, that there is no just reason for delay. Plaintiffs motion for entry of judgment under Rule 54(b) is GRANTED. The Clerk is directed to terminate the motion (09 MD 2058, Docket # 962) and shall enter judgment for the defendants solely as to the claims brought by plaintiff KERS & Co. (10 Civ. 2284; 09 MD 2058.) (Signed by Judge P. Kevin Castel on 11/4/2013) Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC (rsh) (Entered: 11/05/2013)
ORDER of USCA (Certified Copy) as to 898 Notice of Appeal, filed by Leonard Masiowski, MaryAnn Masiowski, Michael J. Rinis Babette, 899 Notice of Appeal filed by Matthew Pinsly, 896 Notice of Appeal filed by Michael Washenik, 890 Notice of Appeal, filed by Charles N. Dornfest, 897 Notice of Appeal, filed by Marshall Orloff, St. Stephen, Inc., 888 Notice of Appeal, filed by AMP Capital Investors Limited, H.E.S.T. Australia Ltd, Colonial First State Investments Ltd USCA Case Number 13-1573 (L), 13-1677 (Con), 13-1798 (Con), 13-1830 (Con), 13-1853 (Con). Defendants-Appellees, through counsel, moved to dismiss the appeal of Plaintiff-Appellant Charles N. Dornfest, docketed under 13-1677, for lack of appellate jurisdiction, or, in the alternative, to unconsolidate that appeal from the appeals docketed under 13-1573, 13-1798, 13-1830, and 13-1853. The parties have now filed a stipulation pursuant to Local Rule 42.1 to withdraw the appeal docketed under 13-1677. Upon due consideration, it is hereby ORDERED that the appeal is WITHDRAWN without costs or attorney's fees, and without prejudice to reinstatement by Plaintiff-Appellant by November 29, 2013. It is further ORDERED that, if the appeal is reinstated, the merits brief of Defendants-Appellees shall be due 11 days from the date of reinstatement, and the motion of Defendants-Appellees to dismiss the appeal shall be deemed submitted as of such date. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 10/24/2013. (nd) (Entered: 10/25/2013)
MEMO ENDORSEMENT on re: 974 in 1:09-md-02058-PKC Letter, filed by Kenneth D. Lewis. Endorsement: Application Granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/18/2013) Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC, 1:10-cv-05563-PKC, 1:11-cv-07070-PKC, 1:11-cv-07779-PKC(ama) (Entered: 10/18/2013)
LETTER addressed to Judge P. Kevin Castel from Colby A. Smith dated October 17, 2013 re: withdrawal of counsel in related cases. Document filed by Kenneth D. Lewis.Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC, 1:10-cv-05563-PKC, 1:11-cv-07070-PKC, 1:11-cv-07779-PKC(Smith, Colby) (Entered: 10/17/2013)
LETTER addressed to Judge P. Kevin Castel from Adam J. Wasserman dated 10/11/2013 re: Reply to Response to Motion for Summary Judgment. Document filed by Jonathan A. Thain, John A. Thain.Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC, 1:11-cv-07070-PKC, 1:11-cv-07779-PKC(Wasserman, Adam) (Entered: 10/15/2013)
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REPLY to Response to Motion re: (172 in 1:10-cv-02284-PKC, 107 in 1:11-cv-07070-PKC, 119 in 1:11-cv-07779-PKC, 941 in 1:09-md-02058-PKC) MOTION for Summary Judgment.. Document filed by Jonathan A. Thain, John A. Thain. Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC, 1:11-cv-07070-PKC, 1:11-cv-07779-PKC(Wasserman, Adam) Modified on 10/15/2013 (db). (Entered: 10/11/2013)
DECLARATION of Matthew Weiser in Support re: (943 in 1:09-md-02058-PKC, 120 in 1:11-cv-07779-PKC, 109 in 1:11-cv-07070-PKC, 128 in 1:10-cv-05563-PKC, 174 in 1:10-cv-02284-PKC) MOTION to Exclude Certain Testimony of Frank C. Torchio.. Document filed by Bank Of America Corporation, William Barnett, III, Frank P. Bramble, Sr, John T. Collins, Neil A. Cotty, Gary L. Countryman, Tommy R. Franks, Charles K. Gifford, Kenneth D. Lewis, Monica C. Lozano, Walter E. Massey, Thomas J. May, Patricia E. Mitchell, Joel L. Price, Thomas M. Ryan, O. Temple Sloan, Jr, Meredith R. Spangler, Robert L. Tillman, Jackie M. Ward. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC, 1:10-cv-05563-PKC, 1:11-cv-07070-PKC, 1:11-cv-07779-PKC(Kramer, Daniel) (Entered: 10/11/2013)
REPLY MEMORANDUM OF LAW in Support re: (943 in 1:09-md-02058-PKC, 109 in 1:11-cv-07070-PKC, 128 in 1:10-cv-05563-PKC, 174 in 1:10-cv-02284-PKC, 120 in 1:11-cv-07779-PKC) MOTION to Exclude Certain Testimony of Frank C. Torchio.. Document filed by Bank Of America Corporation, William Barnett, III, Frank P. Bramble, Sr, John T. Collins, Neil A. Cotty, Gary L. Countryman, Tommy R. Franks, Charles K. Gifford, Kenneth D. Lewis, Monica C. Lozano, Walter E. Massey, Thomas J. May, Patricia E. Mitchell, Joel L. Price, Thomas M. Ryan, O. Temple Sloan, Jr, Meredith R. Spangler, Robert L. Tillman, Jackie M. Ward. Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC, 1:10-cv-05563-PKC, 1:11-cv-07070-PKC, 1:11-cv-07779-PKC(Kramer, Daniel) (Entered: 10/11/2013)
DECLARATION of Jacob Lillywhite in Support re: (123 in 1:11-cv-07779-PKC, 112 in 1:11-cv-07070-PKC, 177 in 1:10-cv-02284-PKC, 131 in 1:10-cv-05563-PKC, 946 in 1:09-md-02058-PKC) MOTION for Summary Judgment.. Document filed by Bank Of America Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC, 1:10-cv-05563-PKC, 1:11-cv-07070-PKC, 1:11-cv-07779-PKC(Kramer, Daniel) (Entered: 10/11/2013)
REPLY to Response to Motion re: 962 FIRST MOTION for Entry of Judgment under Rule 54(b) re Memo and Order dated June 5, 2013.. Document filed by KERS & Co.. (Eskridge, Charles) (Entered: 10/11/2013)
RESPONSE to Motion re: (962 in 1:09-md-02058-PKC) FIRST MOTION for Entry of Judgment under Rule 54(b) re Memo and Order dated June 5, 2013.. Document filed by Bank of America Corporation, William Barnett, III, Frank P. Bramble, Sr, John T. Collins, Neil A. Cotty, Gary L. Countryman, Tommy R. Franks, Charles K. Gifford, Thomas M. Ryan, O. Temple Sloan, Jr, Jonathan A. Thain, Kenneth D. Lewis, Monica C. Lozano, Walter E. Massey, Thomas J. May, Patricia E. Mitchell, Joe L. Price, Meredith R. Spangler, Robert L. Tillman, Jackie M. Ward. Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC(Kramer, Daniel) (Entered: 10/07/2013)
ENDORSED LETTER addressed to Judge P. Kevin Castel from Daniel J. Kramer, dated 10/1/2013, re: Defendants request an extension of time to reply to opposition papers, and seek a modification of the Court's August 8, 2013 Order, to extend defendants' deadline to reply by one week, from October 4, 2013 to October 11, 2013. ENDORSEMENT: Application granted. (Replies due by 10/11/2013.) (Signed by Judge P. Kevin Castel on 10/1/2013) Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC, 1:10-cv-05563-PKC, 1:11-cv-07070-PKC, 1:11-cv-07779-PKC(ja) Modified on 10/3/2013 (ja). (Entered: 10/01/2013)
ORDER: More than a year has passed since this action was removed to federal court, and the citizenship of plaintiff SFM Holdings Limited Partnership has not been established. SFM Holdings Limited Pattnership is ordered to file a declaration or affidavit within fourteen days setting forth the states of citizenship of its members. This filing must allege the state( s) of citizenship of natural persons who are members, and the place of incorporation and principal place of business of any corporate entity that is a member. In addition, the filing should confirm that the individual plaintiffs are citizens of Florida, as opposed to residents. SO ORDERED. (Signed by Judge P. Kevin Castel on 9/30/2013) Filed In Associated Cases: 1:09-md-02058-PKC, 1:12-cv-05210-PKC(ama) (Entered: 09/30/2013)
AFFIDAVIT of Charles R Eskridge III in Support re: 962 FIRST MOTION for Entry of Judgment under Rule 54(b) re Memo and Order dated June 5, 2013.. Document filed by KERS & Co.. (Attachments: # 1 Exhibit A to Eskridge Affidavit, # 2 Exhibit B to Eskridge Affidavit, # 3 Exhibit C to Eskridge Affidavit, # 4 Exhibit D to Eskridge Affidavit, # 5 Exhibit E to Eskridge Affidavit)(Eskridge, Charles) (Entered: 09/30/2013)
MEMORANDUM OF LAW in Support re: 962 FIRST MOTION for Entry of Judgment under Rule 54(b) re Memo and Order dated June 5, 2013.. Document filed by KERS & Co.. (Eskridge, Charles) (Entered: 09/30/2013)
FIRST MOTION for Entry of Judgment under Rule 54(b) re Memo and Order dated June 5, 2013. Document filed by KERS & Co..(Eskridge, Charles) (Entered: 09/30/2013)
ORDER: Plaintiff KERS & Co. ("KERS") shall file a formal motion for a Rule 54(b), Fed. R. Civ. P., finding by September 30, 2013. Defendants may respond by October 7. Plaintiff may reply by October 11. The Court is aware that the relief sought is by consent. However, briefing on a full record is, in the Court's view, appropriate. (Motions due by 9/30/2013, Responses due by 10/7/2013, Replies due by 10/11/2013.) (Signed by Judge P. Kevin Castel on 9/23/2013) Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC(ja) (Entered: 09/23/2013)
FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of Michael J. Miarmi in Opposition re: (123 in 1:11-cv-07779-PKC, 112 in 1:11-cv-07070-PKC, 177 in 1:10-cv-02284-PKC, 131 in 1:10-cv-05563-PKC, 946 in 1:09-md-02058-PKC) MOTION for Summary Judgment. Document filed by Steve R. Graber(Individually), Schwab S&P 500 Index Fund, Stiching Pensioenfonds ABP, Thomas P. DiNapoli. Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC, 1:10-cv-05563-PKC, 1:11-cv-07070-PKC, 1:11-cv-07779-PKC(Fineman, Steven) Modified on 9/23/2013 (db). (Entered: 09/21/2013)
RESPONSE re: (133 in 1:10-cv-05563-PKC, 125 in 1:11-cv-07779-PKC, 179 in 1:10-cv-02284-PKC, 948 in 1:09-md-02058-PKC, 114 in 1:11-cv-07070-PKC) Rule 56.1 Statement, (602 in 1:09-md-02058-PKC) Rule 56.1 Statement, (173 in 1:10-cv-02284-PKC, 108 in 1:11-cv-07070-PKC, 942 in 1:09-md-02058-PKC) Rule 56.1 Statement, (616 in 1:09-md-02058-PKC) Rule 56.1 Statement, (608 in 1:09-md-02058-PKC) Rule 56.1 Statement, (604 in 1:09-md-02058-PKC) Rule 56.1 Statement, (587 in 1:09-md-02058-PKC) Rule 56.1 Statement. Document filed by Stiching Pensioenfonds ABP, Thomas P. DiNapoli, Steve R. Graber(Individually), Schwab S&P 500 Index Fund. Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC, 1:10-cv-05563-PKC, 1:11-cv-07070-PKC, 1:11-cv-07779-PKC(Fineman, Steven) (Entered: 09/21/2013)
COUNTER STATEMENT TO (133 in 1:10-cv-05563-PKC, 125 in 1:11-cv-07779-PKC, 179 in 1:10-cv-02284-PKC, 114 in 1:11-cv-07070-PKC, 948 in 1:09-md-02058-PKC) Rule 56.1 Statement, (602 in 1:09-md-02058-PKC) Rule 56.1 Statement, (173 in 1:10-cv-02284-PKC, 108 in 1:11-cv-07070-PKC, 942 in 1:09-md-02058-PKC) Rule 56.1 Statement, (616 in 1:09-md-02058-PKC) Rule 56.1 Statement, (608 in 1:09-md-02058-PKC) Rule 56.1 Statement, (604 in 1:09-md-02058-PKC) Rule 56.1 Statement, (118 in 1:11-cv-07779-PKC) Rule 56.1 Statement, (587 in 1:09-md-02058-PKC) Rule 56.1 Statement. Document filed by Thomas P. DiNapoli, Steve R. Graber(Individually), Schwab S&P 500 Index Fund, Stichting Pensioenfonds ABP. Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC, 1:10-cv-05563-PKC, 1:11-cv-07070-PKC, 1:11-cv-07779-PKC(Fineman, Steven) (Entered: 09/21/2013)
MEMORANDUM OF LAW in Opposition re: (943 in 1:09-md-02058-PKC, 109 in 1:11-cv-07070-PKC, 128 in 1:10-cv-05563-PKC, 174 in 1:10-cv-02284-PKC, 120 in 1:11-cv-07779-PKC) MOTION to Exclude Certain Testimony of Frank C. Torchio.. Document filed by Steve R. Graber(as assignee of claims of the SRG 2008 Trust), Schwab S&P 500 Index Fund, Stiching Pensioenfonds ABP, Thomas P. DiNapoli. Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC, 1:10-cv-05563-PKC, 1:11-cv-07070-PKC, 1:11-cv-07779-PKC(Berger, Daniel) (Entered: 09/20/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 6/13/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 09/09/2013)
TRANSCRIPT of Proceedings re: ARGUMENT held on 6/13/2013 before Judge P. Kevin Castel. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/3/2013. Redacted Transcript Deadline set for 10/15/2013. Release of Transcript Restriction set for 12/12/2013.(Rodriguez, Somari) (Entered: 09/09/2013)
ENDORSED LETTER addressed to Judge P. Kevin Castel from Lewis S. Kahn dated 8/19/2013 re: With the Lead Counsel firms being in accord on the allocation of fees, it is now timely for, and Kahn Swick seeks, to share a portion of its allocation with the Braunon Law Firm, LLC, as provided in the Court-approved Notice. ENDORSEMENT: Application Approved. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/21/2013) (rdz) Modified on 8/22/2013 (rdz). (Entered: 08/21/2013)
STIPULATION OF VOLUNTARY DISMISSAL OF CERTAIN CLAIMS WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by and among the parties hereto, through their respective counsel, that the Decisions are the law of the case whereapplicable in the Individual Actions, and thus plaintiffs in the Individual Actions shall not continue to pursue any claims dismissed in the Decisions, while at the same time preserving all rights to appeal. (Signed by Judge P. Kevin Castel on 8/21/2013) Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC, 1:10-cv-05563-PKC, 1:11-cv-07070-PKC, 1:11-cv-07779-PKC(rdz) (Entered: 08/21/2013)
DECLARATION of Scott D. Musoff in Support re: (56 in 1:12-cv-05210-PKC, 906 in 1:09-md-02058-PKC) MOTION to Dismiss Plaintiffs' Complaint.. Document filed by Bank of America Corporation, Kenneth D. Lewis. (Attachments: # 1 Exhibit G, # 2 Exhibit H, # 3 Exhibit I, # 4 Exhibit J, # 5 Exhibit K, # 6 Exhibit L, # 7 Exhibit M)Filed In Associated Cases: 1:09-md-02058-PKC, 1:12-cv-05210-PKC(Musoff, Scott) (Entered: 08/19/2013)
REPLY MEMORANDUM OF LAW in Support re: (56 in 1:12-cv-05210-PKC, 906 in 1:09-md-02058-PKC) MOTION to Dismiss Plaintiffs' Complaint.. Document filed by Bank of America Corporation, Kenneth D. Lewis. Filed In Associated Cases: 1:09-md-02058-PKC, 1:12-cv-05210-PKC(Musoff, Scott) (Entered: 08/19/2013)
RULE 56.1 STATEMENT. Document filed by Bank Of America Corporation. Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC, 1:10-cv-05563-PKC, 1:11-cv-07070-PKC, 1:11-cv-07779-PKC(Kramer, Daniel) (Entered: 08/16/2013)
MOTION for Summary Judgment and Joinder. Document filed by Neil A. Cotty.Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC, 1:10-cv-05563-PKC, 1:11-cv-07070-PKC, 1:11-cv-07779-PKC(Kramer, Daniel) (Entered: 08/16/2013)
MOTION for Summary Judgment. Document filed by Bank Of America Corporation.Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC, 1:10-cv-05563-PKC, 1:11-cv-07070-PKC, 1:11-cv-07779-PKC(Kramer, Daniel) (Entered: 08/16/2013)
DECLARATION of Elizabeth G. McCabe in Support re: (943 in 1:09-md-02058-PKC, 120 in 1:11-cv-07779-PKC, 109 in 1:11-cv-07070-PKC, 128 in 1:10-cv-05563-PKC, 174 in 1:10-cv-02284-PKC) MOTION to Exclude Certain Testimony of Frank C. Torchio.. Document filed by Bank Of America Corporation, William Barnett, III, Frank P. Bramble, Sr, John T. Collins, Neil A. Cotty, Gary L. Countryman, Tommy R. Franks, Charles K. Gifford, Kenneth D. Lewis, Monica C. Lozano, Walter E. Massey, Thomas J. May, Patricia E. Mitchell, Joel L. Price, Thomas M. Ryan, O. Temple Sloan, Jr, Meredith R. Spangler, Robert L. Tillman, Jackie M. Ward. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3 pt. 1, # 4 Exhibit 3 pt. 2, # 5 Exhibit 4 pt. 1, # 6 Exhibit 4 pt. 2, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9 pt. 1, # 12 Exhibit 9 pt.2, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14 pt. 1, # 18 Exhibit 14 pt. 2)Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC, 1:10-cv-05563-PKC, 1:11-cv-07070-PKC, 1:11-cv-07779-PKC(Kramer, Daniel) (Entered: 08/16/2013)
MEMORANDUM OF LAW in Support re: (943 in 1:09-md-02058-PKC, 109 in 1:11-cv-07070-PKC, 128 in 1:10-cv-05563-PKC, 174 in 1:10-cv-02284-PKC, 120 in 1:11-cv-07779-PKC) MOTION to Exclude Certain Testimony of Frank C. Torchio.. Document filed by Bank Of America Corporation, William Barnett, III, Frank P. Bramble, Sr, John T. Collins, Neil A. Cotty, Gary L. Countryman, Tommy R. Franks, Charles K. Gifford, Kenneth D. Lewis, Monica C. Lozano, Walter E. Massey, Thomas J. May, Patricia E. Mitchell, Joel L. Price, Thomas M. Ryan, O. Temple Sloan, Jr, Meredith R. Spangler, Robert L. Tillman, Jackie M. Ward. Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC, 1:10-cv-05563-PKC, 1:11-cv-07070-PKC, 1:11-cv-07779-PKC(Kramer, Daniel) (Entered: 08/16/2013)
MOTION to Exclude Certain Testimony of Frank C. Torchio. Document filed by Bank Of America Corporation, William Barnett, III, Frank P. Bramble, Sr, John T. Collins, Neil A. Cotty, Gary L. Countryman, Tommy R. Franks, Charles K. Gifford, Kenneth D. Lewis, Monica C. Lozano, Walter E. Massey, Thomas J. May, Patricia E. Mitchell, Joel L. Price, Thomas M. Ryan, O. Temple Sloan, Jr, Meredith R. Spangler, Robert L. Tillman, Jackie M. Ward.Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC, 1:10-cv-05563-PKC, 1:11-cv-07070-PKC, 1:11-cv-07779-PKC(Kramer, Daniel) (Entered: 08/16/2013)
RULE 56.1 STATEMENT. Document filed by John A. Thain. Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC, 1:11-cv-07070-PKC(Wasserman, Adam) (Entered: 08/16/2013)
MOTION for Summary Judgment. Document filed by John A. Thain.Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC, 1:11-cv-07070-PKC, 1:11-cv-07779-PKC(Wasserman, Adam) (Entered: 08/16/2013)
MOTION for Summary Judgment. Document filed by Joe L. Price.Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC, 1:10-cv-05563-PKC, 1:11-cv-07070-PKC, 1:11-cv-07779-PKC(Armstrong, Melissa) (Entered: 08/16/2013)
MOTION for Summary Judgment - Outside Directors' Motion for Summary Judgment. Document filed by William Barnett, III, Frank P. Bramble, Sr, John T. Collins, Gary L. Countryman, Tommy R. Franks, Charles K. Gifford, Monica C. Lozano, Walter E. Massey, Thomas J. May, Patricia E. Mitchell, Thomas M. Ryan, O. Temple Sloan, Jr, Meredith R. Spangler, Robert L. Tillman, Jackie M. Ward, William Barnet III, Frank P. Bramble, Sr., O. Temple Sloan, Jr.. Responses due by 9/3/2013Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC, 1:11-cv-07070-PKC(Portnoy, Lawrence) (Entered: 08/16/2013)
NOTICE OF APPEARANCE by Brian Marc Burnovski on behalf of William Barnett, III, Frank P. Bramble, Sr, John T. Collins, Gary L. Countryman, Tommy R. Franks, Charles K. Gifford, Monica C. Lozano, Walter E. Massey, Thomas J. May, Patricia E. Mitchell, Thomas M. Ryan, O. Temple Sloan, Jr, Meredith R. Spangler, Robert L. Tillman, Jackie M. Ward, William Barnet III, Frank P. Bramble, Sr., O. Temple Sloan, Jr.. Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC, 1:11-cv-07070-PKC(Burnovski, Brian) (Entered: 08/16/2013)
NOTICE OF APPEARANCE by Charles S. Duggan on behalf of William Barnett, III, Frank P. Bramble, Sr, John T. Collins, Gary L. Countryman, Tommy R. Franks, Charles K. Gifford, Monica C. Lozano, Walter E. Massey, Thomas J. May, Patricia E. Mitchell, Thomas M. Ryan, O. Temple Sloan, Jr, Meredith R. Spangler, Robert L. Tillman, Jackie M. Ward, William Barnet III, Frank P. Bramble, Sr., O. Temple Sloan, Jr.. Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC, 1:11-cv-07070-PKC(Duggan, Charles) (Entered: 08/16/2013)
NOTICE OF APPEARANCE by Lawrence Jay Portnoy on behalf of William Barnett, III, Frank P. Bramble, Sr, John T. Collins, Gary L. Countryman, Tommy R. Franks, Charles K. Gifford, Monica C. Lozano, Walter E. Massey, Thomas J. May, Patricia E. Mitchell, Thomas M. Ryan, O. Temple Sloan, Jr, Meredith R. Spangler, Robert L. Tillman, Jackie M. Ward, William Barnet III, Frank P. Bramble, Sr., O. Temple Sloan, Jr.. Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC, 1:11-cv-07070-PKC(Portnoy, Lawrence) (Entered: 08/16/2013)
MANDATE of USCA (Certified Copy) as to 899 Notice of Appeal filed by Matthew Pinsly USCA Case Number 13-1883....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: 8/9/2013. (nd) (Entered: 08/12/2013)
ORDER: Upon consideration of the letter of Bank of America Corporation dated July 30, 2013 the Court's Order of July 24, 2013 is modified as follows: Bank of America my submit a supplemental letter brief of no more than 20 pages. The response of the Individual Plaintiffs to Bank of America's motion for summary judgment is due September 20, 2013, and the Bank's reply is due October 4, 2013. Bank of America may file a Daubert motion to exclude the testimony of Frank Torchio. The Bank's motion is due August 16, 2013, the response of the Individual Plaintiffs is due September 20, 2013, and the Bank's reply, if any, is due October 4, 2013. The Court's Order of July 24, 2013 otherwise remains in effect. (Motions due by 8/16/2013, Responses due by 9/20/2013, Replies due by 10/4/2013.) (Signed by Judge Denise L. Cote for Judge P. Kevin Castel on 8/8/2013) Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC, 1:10-cv-05563-PKC, 1:11-cv-07070-PKC, 1:11-cv-07779-PKC(ja) Modified on 8/9/2013 (ja). (Entered: 08/09/2013)
NOTICE OF APPEAL from 862 Order,,,,, 924 Order on Motion for Reconsideration,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,, 869 Order,,,,. Document filed by Flanagan, Lieberman, Hoffman & Swaim. Filing fee $ 455.00, receipt number 0208-8746146. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Miller, Arthur) (Entered: 08/01/2013)
ORDER: I have received the letter of counsel to the Individual Plaintiffs in the Stichting Pensioenfonds action, the NYSCRF action, the Graber action and the Schwab action, proposing that the plaintiffs' intended motion for partial summary judgment be based upon the record on the prior undecided motion for partial summary judgment in the Consolidated Securities Class Action. The letter places a qualifier that "additional pertinent facts specific to the Individual Plaintiffs" may be submitted "as appropriate." (Letter of July 23, 2013.) Defendants have consented to the proposal. In principal, the concept is acceptable but to avoid doubt the Court enters the following Order governing the proposed motion: The Court is no longer in possession of Chambers (courtesy) copies of the motion papers. Each side --the Individual Plaintiffs and the defendants--shall submit by August 16, 2013 a full and complete set to Chambers of the submissions for their respective side. The Chambers' submission must have the same type of exhibit tabs and format as submitted on the original motion as further set forth in this order. The supplemental submission of the Individual Plaintiffs is due August 16, 2013, the response of defendants is due September 6, 2013 and Individual Plaintiffs' reply, if any, by September 20, 2013 as further set forth in this order. The supplemental submission of defendants is due August 16, 2013 the response of the Individual Plaintiffs is due September 6, 2013 and the defendants reply, if any, by September 20, 2013. No other submissions will be permitted., ( Motions due by 8/16/2013., Responses due by 9/6/2013., Replies due by 9/20/2013.) (Signed by Judge P. Kevin Castel on 7/24/2013) Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC, 1:11-cv-07070-PKC, 1:11-cv-07779-PKC(lmb) (Entered: 07/24/2013)
NOTICE OF WITHDRAWAL OF APPEARANCE: that David S. Hoffner, hereby respectfully withdraw my appearance as counsel for defendant John Thain and request removal from service of any further pleadings in connection with the above-captioned matter. Application granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 7/10/2013) Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC, 1:11-cv-07070-PKC(ja) (Entered: 07/11/2013)
MEMORANDUM AND ORDER UPON RECONSIDERATION denying (881) Motion for Reconsideration in case 1:09-md-02058-PKC. Lead counsel has not sought reconsideration of the Court's April 5 and April 13 orders. The Flanagan Firm, however, apparently proceeding pro se, has moved for reconsideration of those orders. The motion for reconsideration is DENIED. The Clerk is directed to terminate the motion. (Docket # 881.) (Signed by Judge P. Kevin Castel on 7/3/2013) Filed In Associated Cases: 1:09-md-02058-PKC et al.(ft) (Entered: 07/08/2013)
STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE: The undersigned parties hereby stipulate and agree that all claims asserted by or which could have been asserted by Joel Munoz, James Pitenis, and/or Elaine Pitenis in Munoz, et al. v. Merrill Lynch & Co., Inc. et al, No. 09 Civ. 10077 (S.D.N.Y.)(PKC), against the defendants specified herein is dismissed in their entirety with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1), and without costs. Any applications are terminated. (Signed by Judge P. Kevin Castel on 7/2/2013) Filed In Associated Cases: 1:09-md-02058-PKC, 1:09-cv-10077-PKC(ja) (Entered: 07/03/2013)
ENDORSED LETTER addressed to Judge P. Kevin Castel, from Justin J. Gunnell, dated 6/25/2013, re: request an adjustment to the briefing schedule set by the Court for defendants' motion to dismiss. The requested schedule would have plaintiffs file their opposition to defendants' motion to dismiss on July 16, 2013 and defendants file their reply by August 19, 2013. ENDORSEMENT: Application granted. (Responses due by 7/16/2013. Replies due by 8/19/2013.) (Signed by Judge Naomi Reice Buchwald for Judge P. Kevin Castel on 6/27/2013) Filed In Associated Cases: 1:09-md-02058-PKC, 1:12-cv-05210-PKC(ja) Modified on 7/3/2013 (ja). (Entered: 06/28/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 6/13/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 06/27/2013)
TRANSCRIPT of Proceedings re: ARGUMENT held on 6/13/2013 before Judge P. Kevin Castel. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/22/2013. Redacted Transcript Deadline set for 8/1/2013. Release of Transcript Restriction set for 9/30/2013.(Rodriguez, Somari) (Entered: 06/27/2013)
STIPULATION OF DISMISSAL WITH PREJUDICE: The undersigned parties hereby stipulate and agree that all claims asserted by or which could have been asserted by Robert Gegnas in Gegnas v. Bank of America Corp., et al., No. 12 Civ. 6801 (S.D.N.Y.), against Bank of America Corporation and/or Merrill Lynch & Co. Inc. are dismissed with prejudice and without costs. (Signed by Judge Naomi Reice Buchwald, for Judge P. Kevin Castel on 6/25/2013) Filed In Associated Cases: 1:09-md-02058-PKC, 1:12-cv-06801-PKC(ja) (Entered: 06/26/2013)
STIPULATION OF DISMISSAL WITH PREJUDICE: The undersigned parties hereby stipulate and agree that all claims asserted by or which could have been asserted by Steven L. Shapiro, as Custodian for Stacy Shapiro UGMA and Marci Shapiro UGMA, in Shapiro v. Bank of America Corp., et al., No. 12 Civ. 6864 (S.D.N.Y.) (PKC), against Bank of America Corporation and/or Merrill Lynch & Co., Inc. are dismissed with prejudice and without costs. (Signed by Judge Naomi Reice Buchwald on 6/25/2013) Filed In Associated Cases: 1:09-md-02058-PKC, 1:12-cv-06864-PKC(ft) (Entered: 06/26/2013)
STIPULATION OF DISMISSAL WITH PREJUDICE: The undersigned parties hereby stipulate and agree that all claims asserted by or which could have been asserted by Harvey M. Mitnick, as the Executor of the Estate of Nathan A. Friedman; Nathan A. Friedman Rollover IRA; and Bonnie Friedman in Mitnick, et al. v. Bank of America Corp., et al., No. 12 Civ. 6879 (S.D.N.Y.)(PKC), against Bank of America Corporation and/or Merrill Lynch & Co., Inc. are dismissed with prejudice and without costs. (Signed by Judge Naomi Reice Buchwald for P. Kevin Castel on 6/25/2013) Filed In Associated Cases: 1:09-md-02058-PKC, 1:12-cv-06879-PKC(ja) Modified on 6/25/2013 (ja). (Entered: 06/25/2013)
ENDORSED LETTER addressed to Judge P. Kevin Castel, from Curtis V. Trinko, dated 6/11/2013, re: Based upon my 37 years of practice in the Southern District of New York, I had assumed that my firm's fees and expenses were included in the Court's overall award made on April 15, 2013 to New York Derivative Lead Counsel. By means of this letter application, I am requesting the Court's clarification of the April 15, 2013 Fee Award with regard to the fees and expense reimbursement earned by my firm in the New York Derivative Litigation. Saxena White PA, Interim Co-Lead Counsel, supports this application and concurs with my reading of the April 15th order as including payment to my firm. The Court's guidance on this issue would be most appreciated. ENDORSEMENT: Payment to Liaison Counsel is permitted under the Court's Order. (Signed by Judge P. Kevin Castel on 6/17/2013) (ja) (Entered: 06/18/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 5/28/2013 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...(sdi) (Entered: 06/14/2013)
TRANSCRIPT of Proceedings re: Conference held on 5/28/2013 before Magistrate Judge Kevin Nathaniel Fox. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/11/2013. Redacted Transcript Deadline set for 7/18/2013. Release of Transcript Restriction set for 9/16/2013.(sdi) (Entered: 06/14/2013)
ENDORSED LETTER addressed to Judge P. Kevin Castel, from Alan L. Frank, dated 6/6/2013, re: request the opportunity to appear by telephone tomorrow morning at 11:00 a.m. in connection with the above-referenced matters. ENDORSEMENT: Solely as to the Gegnas, Mitnick, and Shapiro actions, the conference scheduled for June 7, 2013 is adjourned to July 25, 2013 at 11:30 a.m. SO ORDERED. ( Case Management Conference set for 7/25/2013 at 11:30 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 6/6/2013) Filed In Associated Cases: 1:09-md-02058-PKC, 1:12-cv-06801-PKC, 1:12-cv-06864-PKC, 1:12-cv-06879-PKC(ja) (Entered: 06/07/2013)
ENDORSED LETTER addressed to Judge P. Kevin Castel, from Justin J. Gunnell, dated 6/5/2013, re: request an adjournment to the briefing schedule set by the Court for defendants' motion to dismiss. The requested schedule would have plaintiffs file their opposition to defendants' motion to dismiss on July 2, 2013 and defendants file their reply by July 19, 2013. ENDORSEMENT: Application granted. SO ORDERED. ( Responses due by 7/2/2013, Replies due by 7/19/2013.) (Signed by Judge P. Kevin Castel on 6/5/2013) Filed In Associated Cases: 1:09-md-02058-PKC, 1:12-cv-05210-PKC(ja) Modified on 6/7/2013 (ja). (Entered: 06/06/2013)
MEMORANDUM AND ORDER denying (864) Motion in case 1:09-md-02058-PKC. KERS has not established excusable neglect for its failure to timely seek exclusion from the class. KERS's motion is DENIED. (Docket # 864.) The Clerk is directed to terminate the motion. (Signed by Judge P. Kevin Castel on 6/5/2013) Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC(ft) (Entered: 06/05/2013)
ENDORSED LETTER addressed to Judge P. Kevin Castel, from James A. Dunlap Jr., dated 5/29/2013, re: My name is James Dunlap. My firm, along with Evangelista & Associates LLC, and Page Perry LLC (hereinafter "the Atlanta firms"), represented Ann B. Houx in both the above-captioned case and the Bank of America Delaware derivative action. I have been informed that there is a pending fee dispute between Wolf Haldenstein Adler Freeman & Herz LLP. The Court has scheduled a hearing on this dispute on June 13, 2013 [Doc. 900]. Mr. Paradis has represented to me that the dispute does not involve any of the Atlanta firms. Please advise if the Court would like a representative of the Atlanta firms to attend the June 13 hearing or if there is any other assistance we may provide the Court. ENDORSEMENT: The rights of all persons claiming any entitlement to the attorneys' fee award will be adjudicated. Any particular claimant is free to attend or not as they choose. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/29/2013) (ja) (Entered: 06/03/2013)
DECLARATION of Scott D. Musoff in Support re: (56 in 1:12-cv-05210-PKC, 906 in 1:09-md-02058-PKC) MOTION to Dismiss Plaintiffs' Complaint.. Document filed by Bank of America Corporation, Kenneth D. Lewis. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)Filed In Associated Cases: 1:09-md-02058-PKC, 1:12-cv-05210-PKC(Musoff, Scott) (Entered: 05/29/2013)
MEMORANDUM OF LAW in Support re: (56 in 1:12-cv-05210-PKC, 906 in 1:09-md-02058-PKC) MOTION to Dismiss Plaintiffs' Complaint.. Document filed by Bank of America Corporation, Kenneth D. Lewis. Filed In Associated Cases: 1:09-md-02058-PKC, 1:12-cv-05210-PKC(Musoff, Scott) (Entered: 05/29/2013)
MOTION to Dismiss Plaintiffs' Complaint. Document filed by Bank of America Corporation, Kenneth D. Lewis.Filed In Associated Cases: 1:09-md-02058-PKC, 1:12-cv-05210-PKC(Musoff, Scott) (Entered: 05/29/2013)
ORDER: IT IS HEREBY ORDERED that a settlement conference shall be held in the above-captioned action on May 28, 2013, at 2:30 p.m., in courtroom 228, before Magistrate Judge Kevin Nathaniel Fox at 40 Centre Street, New York, New York.The parties are directed to review and comply with the undersigned's Procedures Applicable to Cases Referred for Settlement, a copy of which is being provided to the parties with this Order. Additionally, at least seven days prior to the settlement conference, the parties must confer, in person or by telephone, to engage in good-faith settlement negotiations. Should the parties resolve the litigation prior to the conference date, they must notify the undersigned, in writing, expeditiously. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/23/2013) (rsh) (Entered: 05/23/2013)
ENDORSED LETTER addressed to Judge P. Kevin Castel, from Scott D. Musoff, dated 5/20/2013, re: Request a two business day adjustment to the briefing schedule set by the Court for defendants' motion to dismiss. The requested schedule would have defendants file their motion to dismiss and supporting papers on May 29, 2013, plaintiffs file their opposition papers by June 18, 2013, and defendants file their reply by July 2, 2013. ENDORSEMENT: Revised schedule approved. ( Motions due by 5/29/2013. Responses due by 6/18/2013. Replies due by 7/2/2013.) (Signed by Judge P. Kevin Castel on 5/20/2013) Filed In Associated Cases: 1:09-md-02058-PKC, 1:12-cv-05210-PKC(ja) (Entered: 05/21/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION proceeding held on 4/4/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 05/20/2013)
TRANSCRIPT of Proceedings re: MOTION held on 4/4/2013 before Judge P. Kevin Castel. 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 6/13/2013. Redacted Transcript Deadline set for 6/24/2013. Release of Transcript Restriction set for 8/22/2013.(McGuirk, Kelly) (Entered: 05/20/2013)
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement*. Referred to Magistrate Judge Kevin Nathaniel Fox. ENDORSEMENT: *Referral is limited to the dispute between certain counsel as to allotment of attorneys' fees. (Signed by Judge P. Kevin Castel on 5/10/2013) (ja) (Entered: 05/10/2013)
ORDER: The Court has received submissions from the law firms of Wolf Haldenstein Adler Freeman & Herz LLP, Chimicles & Tikellis LLP and Horwitz Horwitz & Paradis LLP. The Court will hear counsel on June 13, 2013 at 11 a.m. concerning the apparent dispute over the allotment of attorneys' fees between and among counsel. ( Status Conference set for 6/13/2013 at 11:00 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 5/10/2013) (ja) (Entered: 05/10/2013)
NOTICE OF APPEAL from 873 Order,,,,. Document filed by Matthew Pinsly. Filing fee $ 455.00, receipt number 0208-8496970. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Nelson, Christopher) (Entered: 05/09/2013)
NOTICE OF APPEAL from 868 Order, 862 Order, 871 Judgment. Document filed by Leonard Masiowski, MaryAnn Masiowski, Michael J. Rinis, Babette Rinis. Filing fee $ 455.00, receipt number 465401066870. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (nd) (Entered: 05/09/2013)
JOINT NOTICE OF APPEAL from 871 Judgment. Document filed by Marshall Orloff, St. Stephen, Inc.. Filing fee $ 455.00, receipt number 0208-8493296. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Turkish, Forrest) (Entered: 05/08/2013)
NOTICE OF APPEAL from 862 Order,,,,, 871 Judgment. Document filed by Michael Washenik. Filing fee $ 455.00, receipt number 0208-8489144. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Miller, Steve) (Entered: 05/07/2013)
CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum and Order dated April 25, 2013, the defendants' motions in Pinsly v. Holliday, et al., are granted, (12 Civ. 4778, Docket # 21, 24;) the defendants motions in Waber v. Lewis, are granted, (12 Civ. 4568, Docket # 32, 35; 09 MD 2058, Docket # 784, 787;) the Pinsly and Waber actions are dismissed; accordingly, judgment is entered in favor of the defendants in both actions. (Signed by Clerk of Court Ruby Krajick on 4/30/13) (Attachments: # 1 Notice of Right to Appeal)(ml) (Entered: 05/02/2013)
ENDORSED LETTER addressed to Judge P. Kevin Castel, from Colby A. Smith, dated 4/29/2013, re: request your permission to have Andrew J. Ceresney's name removed as counsel for Mr. Lewis and removed from the Court's docket and ECF electronic mailing distribution lists. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 4/30/2013) (ja) (Entered: 04/30/2013)
893
Filed: 4/25/2013, Entered: 4/25/2013
Order on Motion to Dismiss
MEMORANDUM AND ORDER in case 1:09-md-02058-PKC; granting (32) Motion to Dismiss; granting (35) Motion to Dismiss in case 1:12-cv-04568-PKC; granting Motion to Dismiss; granting Motion to Dismiss in case 1:09-md-02058-PKC. The defendants' motions in Pinsly v. Holliday, et al., are granted. (12 Civ. 4778, Docket #s 21, 24.) The defendants' motions in Waber v. Lewis, are granted. (12 Civ. 4568, Docket #s 32, 35; 09 MD 2058, Docket #s 784, 787.) The Clerk is directed to terminate the motions and enter judgment in favor of the defendants in both actions. (Signed by Judge P. Kevin Castel on 4/25/2013). (Signed by Judge P. Kevin Castel on 4/25/2013) Filed In Associated Cases: 1:09-md-02058-PKC, 1:12-cv-04568-PKC(ja) (Entered: 04/25/2013)
AFFIDAVIT of Alexander L. Kaplan in Support re: 891 Reply to Response to Motion. Document filed by KERS & Co.. (Attachments: # 1 Exhibit 1)(Susman, Harry) (Entered: 04/25/2013)
REPLY to Response to Motion re: 864 MOTION Notice of Motion to Deem KERS a Timely Opt Out or in the Alternative for Relief Under Rule 6(b)(2) from the Opt-Out Deadline.. Document filed by KERS & Co.. (Susman, Harry) (Entered: 04/25/2013)
NOTICE OF APPEAL from ( 468 in 1:09-md-02058-PKC) Order, ( 871 in 1:09-md-02058-PKC) Judgment. Document filed by Charles N. Dornfest. Filing fee $ 455.00, receipt number 0208-8451659. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-00275-PKC(Squire, Jeffrey) . (Entered: 04/25/2013)
ENDORSED LETTER addressed to Judge P. Kevin Castel from Michael M. Tremonte dated 4/16/2013 re: Dismissal of plaintiffs' claims is not warranted. Plaintiffs are prepared to expand more fully on their above responses at the Court's request. ENDORSEMENT: Premotion conference is waived. Defendants may file their motion by May 24. Plaintiffs may respond by June 14 and defendants may reply by June 28., ( Motions due by 5/24/2013., Responses due by 6/14/2013., Replies due by 6/28/2013.) (Signed by Judge P. Kevin Castel on 4/24/2013) Filed In Associated Cases: 1:09-md-02058-PKC, 1:12-cv-05210-PKC(lmb) (Entered: 04/24/2013)
NOTICE OF APPEAL from 871 Judgment. Document filed by AMP Capital Investors Limited, Colonial First State Investments Ltd, H.E.S.T. Australia Ltd. Filing fee $ 455.00, receipt number 0208-8446951. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Ta, Hung) (Entered: 04/23/2013)
DECLARATION of Stephen J. Cirami in Opposition re: 864 MOTION Notice of Motion to Deem KERS a Timely Opt Out or in the Alternative for Relief Under Rule 6(b)(2) from the Opt-Out Deadline.. Document filed by Bank Of America Corporation. (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)(Kramer, Daniel) (Entered: 04/23/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/28/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:09-md-02058-PKC et al.(Rodriguez, Somari) (Entered: 04/23/2013)
DECLARATION of Meredith A. Arfa in Opposition re: 864 MOTION Notice of Motion to Deem KERS a Timely Opt Out or in the Alternative for Relief Under Rule 6(b)(2) from the Opt-Out Deadline.. Document filed by Bank Of America Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Kramer, Daniel) (Entered: 04/23/2013)
TRANSCRIPT of Proceedings re: CONFERENCE held on 9/28/2012 before Judge P. Kevin Castel. Court Reporter/Transcriber: Sonya Ketter Huggins, (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 5/17/2013. Redacted Transcript Deadline set for 5/28/2013. Release of Transcript Restriction set for 7/25/2013.Filed In Associated Cases: 1:09-md-02058-PKC et al.(Rodriguez, Somari) (Entered: 04/23/2013)
MEMORANDUM OF LAW in Opposition re: 864 MOTION Notice of Motion to Deem KERS a Timely Opt Out or in the Alternative for Relief Under Rule 6(b)(2) from the Opt-Out Deadline.. Document filed by Bank Of America Corporation. (Kramer, Daniel) (Entered: 04/23/2013)
MEMORANDUM OF LAW in Support re: 881 MOTION for Reconsideration , Vacation, and Amendment of the April 8, 2013 Order of the Court and the Memorandum and Order of the Court Dated April 11, 2013.. Document filed by Ohio Public Employees Retirement System, State Teachers Retirement System of Ohio. (Attachments: # 1 Exhibit 1A, # 2 Exhibit 1B, # 3 Exhibit 1C)(Lieberman, Dennis) (Entered: 04/22/2013)
MOTION for Reconsideration , Vacation, and Amendment of the April 8, 2013 Order of the Court and the Memorandum and Order of the Court Dated April 11, 2013. Document filed by Ohio Public Employees Retirement System, State Teachers Retirement System of Ohio.(Lieberman, Dennis) (Entered: 04/22/2013)
NOTICE OF APPEARANCE by Dennis Alan Lieberman on behalf of Ohio Public Employees Retirement System, State Teachers Retirement System of Ohio (Lieberman, Dennis) (Entered: 04/22/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/5/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:09-md-02058-PKC et al.(Rodriguez, Somari) (Entered: 04/19/2013)
TRANSCRIPT of Proceedings re: CONFERENCE held on 4/5/2013 before Judge P. Kevin Castel. Court Reporter/Transcriber: Corinne Blair, (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 5/13/2013. Redacted Transcript Deadline set for 5/23/2013. Release of Transcript Restriction set for 7/22/2013.Filed In Associated Cases: 1:09-md-02058-PKC et al.(Rodriguez, Somari) (Entered: 04/19/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTIONS proceeding held on 4/4/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:09-md-02058-PKC et al.(Rodriguez, Somari) (Entered: 04/18/2013)
TRANSCRIPT of Proceedings re: MOTIONS held on 4/4/2013 before Judge P. Kevin Castel. 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 5/13/2013. Redacted Transcript Deadline set for 5/23/2013. Release of Transcript Restriction set for 7/22/2013.Filed In Associated Cases: 1:09-md-02058-PKC et al.(Rodriguez, Somari) (Entered: 04/18/2013)
ORDER granting 874 Motion for Dennis A. Lieberman to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.) (Entered: 04/18/2013)
MOTION for Dennis A. Lieberman to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8428252. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ohio Public Employees Retirement System, State Teachers Retirement System of Ohio. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Lieberman, Dennis) (Entered: 04/17/2013)
ORDER ON MOTIONS FOR AWARDS OF ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES: motions for awards of attorneys' fees and reimbursement of litigation expenses were filed by (a) Lead Counsel in this Consolidated Derivative Action, (b) counsel for Nancy Rothbaum, a former objector to the initial proposed settlement of this action and the lead plaintiff in In re Bank of America Corporation Stockholder Derivative Litigation, C.A. No. 4307-CS (Del. Ch.) ("Delaware Counsel"), and (c) counsel for Mathew Pinsly, another former objector to that proposed settlement and the lead plaintiff in Pinsly v. Holliday, No. 12 Civ. 04778-UA (S.D.N.Y.) ("Pinsly's Counsel"). There is no just reasons for delay in the entry of this Order, and immediate entry by the Clerk of the Court is expressly directed. ENDORSEMENT: Lead Counsel and Delaware counsel shall not share any portion of the fees and expenses awarded to them with any other law firm, or with any person not associated with their law firms, absent a prior order of this Court. (Copy forwarded to Finance Dept.) (Signed by Judge P. Kevin Castel on 4/15/2013) (ja) (Entered: 04/15/2013)
ENDORSED LETTER addressed to Judge P. Kevin Castel, from Colby A. Smith, dated 4/12/2013, re: request permission to have Mary Jo White's name removed as counsel for Mr. Lewis and removed from the Court's docket and ECF electronic mailing distribution lists. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 4/15/2013) (ja) (Entered: 04/15/2013)
JUDGMENT APPROVING CLASS ACTION SETTLEMENT settling action. (Signed by Judge P. Kevin Castel on 4/9/13) (Attachments: # 1 Notice of Right to Appeal)Filed In Associated Cases: 1:09-md-02058-PKC et al.(ml) (Entered: 04/12/2013)
AFFIDAVIT of Jill McCrary in Support re: 864 MOTION Notice of Motion to Deem KERS a Timely Opt Out or in the Alternative for Relief Under Rule 6(b)(2) from the Opt-Out Deadline.. Document filed by KERS & Co.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Susman, Harry) (Entered: 04/12/2013)
MEMORANDUM AND ORDER: On April 5, 2013, this Court presided over a hearing to consider approval of a settlement of the Consolidated Securities Class Action in exchange for the payment by defendants of $4,250,000,000, plus certain corporate governance reforms. After reviewing the adequacy of notice, the circumstances surrounding the negotiations, the relative difficulty of proving the claims and damages at trial, the extent to which the case had been litigated (61 depositions were conducted, more than 3.8 million documents were produced, and the case was close to trial), the reaction of class members (there were approximately 10 objections), and the other Grinnell factors, the Court approved the settlement as fair, reasonable and adequate to the members of the class. Because of the absence of a sufficient record in support of the fee application, Lead Counsel's application is DENIED insofar as it includes an award to the Flanagan Firm. (See Order). (Signed by Judge P. Kevin Castel on 4/11/2013) (ja) (Entered: 04/12/2013)
868
Filed: 4/9/2013, Entered: 4/9/2013
Order
ORDER APPROVING PLAN OF ALLOCATION OF NET SETTLEMENT FUND: 1. This Order approving the proposed Plan of Allocation incorporates by reference the definitions in the Stipulation and Agreement of Settlement dated November 30, 2012 (ECF No. 767-1) (the "Stipulation") and all terms not otherwise defined herein shall have the same meanings as set forth in the Stipulation. 2. The Court has jurisdiction to enter this Order approving the proposed Plan of Allocation, and over the subj ect matter of the Action and all parties to the Action, including all Class Members. There is no just reason for delay in the entry of this Order, and immediate entry by the Clerk of the Court is expressly directed. (SEE ORDER)(Signed by Judge P. Kevin Castel on 4/8/2013) (rdz) Modified on 4/9/2013 (rdz). (Entered: 04/09/2013)
A FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #870) - FFIDAVIT of Jill McCrary in Support re: 864 MOTION Notice of Motion to Deem KERS a Timely Opt Out or in the Alternative for Relief Under Rule 6(b)(2) from the Opt-Out Deadline.. Document filed by KERS & Co.. (Susman, Harry) Modified on 4/19/2013 (lb). (Entered: 04/09/2013)
AFFIDAVIT of Harry P. Susman in Support re: 864 MOTION Notice of Motion to Deem KERS a Timely Opt Out or in the Alternative for Relief Under Rule 6(b)(2) from the Opt-Out Deadline.. Document filed by KERS & Co.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Susman, Harry) (Entered: 04/09/2013)
MEMORANDUM OF LAW in Support re: 864 MOTION Notice of Motion to Deem KERS a Timely Opt Out or in the Alternative for Relief Under Rule 6(b)(2) from the Opt-Out Deadline.. Document filed by KERS & Co.. (Susman, Harry) (Entered: 04/09/2013)
MOTION Notice of Motion to Deem KERS a Timely Opt Out or in the Alternative for Relief Under Rule 6(b)(2) from the Opt-Out Deadline. Document filed by KERS & Co..(Susman, Harry) (Entered: 04/09/2013)
NOTICE of Motion of Plaintiff KERS & Co.'s Motion to Deem KERS a Timely Opt Out or in the Alternative for Relief Under Rule 6(b)(2) from the Opt-Out Deadline. Document filed by KERS & Co.. (Susman, Harry) (Entered: 04/09/2013)
ORDER AWARDING ATTORNEYS' FEES AND EXPENSES: This Order incorporates by reference the definitions In the Stipulation and Agreement of Settlement dated November 30, 2012 (ECF No. 767-1) (the "Stipulation") and all terms not otherwise defined herein shall have the same meanings as set forth in the Stipulation. The Court has jurisdiction to enter this Order and over the subject matter of the Action and all parties to the Action, including all Class Members. Co-Lead Counsel are hereby awarded attorneys' fees in the amount of $152,414,235.89, plus interest on such amount at the same rate as earned by the Settlement Fund from the date the Settlement Fund was funded to the date of payment, which sum the Court finds to be fair and reasonable, and $8,069,985.04 in reimbursement of Litigation Expenses, which fees and expenses shall be paid to Co-Lead Counsel from the Settlement Fund. Lead Plaintiff the State Teachers Retirement System of Ohio is hereby awarded $34,375.00 from the Settlement Fund as reimbursement for its reasonable costs and expenses directly related to its representation of the Class. (Signed by Judge P. Kevin Castel on 4/8/2013) Filed In Associated Cases: 1:09-md-02058-PKC et al.(ft) Modified on 4/8/2013 (ft). (Entered: 04/08/2013)
ORDER terminating 825 Motion to Approve Settlement ; terminating 827 Motion for Attorney Fees. Consistent with today's hearing on the motion for final approval of the class action settlement and motion for an attorneys' fees award (see transcript), the Clerk is directed to terminate the motions at docket numbers 825 and 827. (Signed by Judge P. Kevin Castel on 4/5/2013) (tro) (Entered: 04/08/2013)
Order on Application for the Court to Request Counsel
ORDER terminating 809 Application for the Court to Request Counsel; terminating 812 Motion for Attorney Fees; terminating 813 Motion for Attorney Fees; terminating 814 Motion for Attorney Fees; terminating 819 Motion for Attorney Fees. Consistent with today's hearing on the parties' motions for attorneys' fees (see transcript), the Clerk is directed to terminate the motions at docket numbers 809, 812, 813, 814 and 819. (Signed by Judge P. Kevin Castel on 4/4/2013) (ja) (Entered: 04/05/2013)
ENDORSED LETTER addressed to Judge P. Kevin Castel, from Harry P. Susman, dated 4/4/2013, re: We represent Plaintiff KERS & Co. ("KERS") in the above referenced individual action, which is a consolidated action on behalf of a number of opt-out plaintiffs. We write to alert Your Honor to an issue regarding whether KERS timely opted out of the class action and to request an expedited briefing scheduled to permit resolution of KERS's motion for relief under Rule 6(b). While we believe that KERS opted out timely because the notice was postmarked by May 7, 2012, we are concerned that there is not time to resolve this issue. In the event KERS is deemed a member of the class (incorrectly), KERS must meet the April 25, 2013 deadline to file a proof of claim. As a result, we intend to file a motion for relief under Rule 6(b)(2). While Your Honor's rules exclude motions under Rule 6(b) from the conference requirement, we request that Your Honor order a briefing schedule that would permit resolution of this issue before the April 25, 2013 deadline to file a proof of claim. We would request until April 9, 2013 to file our motion. ENDORSEMENT: Premotion conference waived for any motion by KERS relating to its motion as a member of the class. SO ORDERED. (Signed by Judge P. Kevin Castel on 4/4/2013) Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC(ja) (Entered: 04/05/2013)
DECLARATION of Audra J. Soloway re: 856 Response. Document filed by Banc of America Securities L.L.C., Bank Of America Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Kramer, Daniel) (Entered: 03/29/2013)
RESPONSE re: 838 Objection (non-motion), Objection (non-motion). Document filed by Banc of America Securities L.L.C., Bank Of America Corporation. (Kramer, Daniel) (Entered: 03/29/2013)
CERTIFICATE OF SERVICE. Document filed by Fjarde Ap-Fonden, Ohio Public Employees Retirement System, State Teachers Retirement System of Ohio, Stichting Pensioenfonds Zorg en Welzijin, Teachers Retirement System of Texas. (Singer, Steven) (Entered: 03/29/2013)
854
Filed: 3/29/2013, Entered: 3/29/2013
Affidavit in Support of Motion
AFFIDAVIT of Jason Zuena in Support re: 825 MOTION to Approve Class Action Settlement and Plan of Allocation., 827 MOTION for Attorney Fees and Reimbursement of Litigation Expenses.. Document filed by Fjarde Ap-Fonden, Ohio Public Employees Retirement System, State Teachers Retirement System of Ohio, Stichting Pensioenfonds Zorg en Welzijin, Teachers Retirement System of Texas. (Singer, Steven) (Entered: 03/29/2013)
REPLY MEMORANDUM OF LAW in Support re: 825 MOTION to Approve Class Action Settlement and Plan of Allocation., 827 MOTION for Attorney Fees and Reimbursement of Litigation Expenses.. Document filed by Fjarde Ap-Fonden, Ohio Public Employees Retirement System, State Teachers Retirement System of Ohio, Stichting Pensioenfonds Zorg en Welzijin, Teachers Retirement System of Texas. (Singer, Steven) (Entered: 03/29/2013)
ENDORSED LETTER addressed to Judge P. Kevin Castel from Robert N. Kaplan dated 3/28/2013 re: We respectfully request permission to file a single brief of no more than 30 pages in further support of the Settlement Approval Motion and the Fee Motion. ENDORSEMENT: Application granted. So Ordered. (Signed by Judge P. Kevin Castel on 3/28/23013) (rdz) (Entered: 03/29/2013)
ENDORSED LETTER addressed to Judge P. Kevin Castel from Frederic S. Fox, Steven B. Singer, and David Kessler dated 3/28/2013 re: Counsel for Lead Plaintiffs request permission to file a single brief of no more than 30 pages in further support of the Settlement Approval Motion and the Fee Motion. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/28/2013) (tro) (Entered: 03/28/2013)
REVISED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: The parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). Each Individual Action is to be tried to a jury. Defendants agree to answer or otherwise respond to any Amended Complaints in the Individual Actions to which they have not already responded on or before August 12, 2013. In the Gegnas, Mitnick, and Shapiro actions, defendants shall answer or file a premotion conference letter detailing the basis for any anticipated motions to dismiss by June 18, 2013. Expert discovery shall be completed by August 2, 2013. Any deposition of the parties' experts shall be completed by August 2, 2013. The pre-motion conference is waived for any summary judgment motions filed by the parties, provided such motions are filed no later than August 16, 2013. Responses are due by September 13, 2013. Any replies are due by October 4, 2013. The next Case Management Conference is scheduled for June 7, 2013 at 11:00 am. (Signed by Judge P. Kevin Castel on 3/27/2013) Filed In Associated Cases: 1:09-md-02058-PKC et al.(mro) (Entered: 03/28/2013)
ORDER terminating 793 Motion to approve a form of notice and to set a schedule for submissions regarding an attorneys' fees application. On January 24, 2013, this Court entered an Order that approved, with some modifications, the proposed notice and set such a schedule. (Docket # 799.) The Clerk is directed to terminate the motion. (Docket # 793.) (Signed by Judge P. Kevin Castel on 3/26/2013) (ja) (Entered: 03/26/2013)
ORDER terminating 800 Motion to Intervene. On January 23, 2013, Margot J. Champagne, who is pro se, filed a submission captioned "Complaint and Request for the Court's Assistance By a Class Member." (Docket # 800.) Ms. Champagne explained that, as a class member, she encountered difficulty accessing a telephone help line for assistance in completing her proof of claim and release form. (Id.) This submission was inaccurately entered in the docket as a "motion to intervene," which is currently denoted as pending. (Id.) In a joint letter dated January 25, 2013, counsel to Lead Plaintiffs wrote to the Court explaining that they had contacted Ms. Champagne "and answered her question to her satisfaction." The Court has received no further communications from Ms. Champagne. The Clerk is directed to terminate the "motion to intervene." (Docket # 800.)(Signed by Judge P. Kevin Castel on 3/26/2013) (ja) (Entered: 03/26/2013)
REPLY MEMORANDUM OF LAW in Support re: 812 MOTION for Attorney Fees Notice of Delaware Shareholder's Application for Attorneys' Fee and Reimbursement of Expenses.. Document filed by Nancy Rothbaum. (Attachments: # 1 Text of Proposed Order Proposed Order Awarding Attorneys' Fees And Reimbursement of Expenses to Counsel for Delaware Shareholder)(Schwartz, Michael) (Entered: 03/15/2013)
REPLY MEMORANDUM OF LAW in Support re: 813 MOTION for Attorney Fees AND REIMBURSEMENT OF EXPENSES.. Document filed by Hollywood Police Officers' Retirement System, Louisiana Municipal Police Employees Retirement System. (Attachments: # 1 Text of Proposed Order)(White, Joseph) (Entered: 03/15/2013)
844
Filed: 3/15/2013, Entered: 3/15/2013
Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: 819 MOTION for Attorney Fees Notice of Motion of Objector Matthew Pinsly's Counsel's Motion for an Award of Attorney's Fees and Expenses.. Document filed by Matthew Pinsly. (Nelson, Christopher) (Entered: 03/15/2013)
843
Filed: 3/7/2013, Entered: 3/6/2013
Objection (non-motion)
OBJECTIONS, PROOF OF MEMBERSHIP IN CLASS AND NOTICE OF INTENT TO APPEAR, BY COUNSEL, AT THE APRIL 5, 2013 FAIRNESS HEARING. Document filed by Michael J. Rinis for Michael and Babette Rinis and Leonard Masiowski for Leonard and Mary Ann Masiowskis. (ja) Modified on 3/7/2013 (ja). (Main Document 843 replaced on 3/7/2013) (ad). Modified on 3/7/2013 (ad). (Entered: 03/06/2013)
Objection re: 825 MOTION to Approve Class Action Settlement and Plan of Allocation., 827 MOTION for Attorney Fees and Reimbursement of Litigation Expenses., 829 Declaration in Support of Motion,, 826 Memorandum of Law in Support of Motion, 828 Memorandum of Law in Support of Motion,. Document filed by Marshall Orloff. (Turkish, Forrest) (Entered: 03/05/2013)
Objection re: 825 MOTION to Approve Class Action Settlement and Plan of Allocation., 827 MOTION for Attorney Fees and Reimbursement of Litigation Expenses., 829 Declaration in Support of Motion,, 826 Memorandum of Law in Support of Motion, 828 Memorandum of Law in Support of Motion,. Document filed by St. Stephen, Inc.. (Turkish, Forrest) (Entered: 03/05/2013)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Commonwealth Bank of Australia, Corporate Parent Colonial First State Asset Management (Australia) Limited for Colonial First State Investments Ltd; Corporate Parent AMP Capital Holdings Limited, Corporate Parent AMP Limited for AMP Capital Investors Limited. Document filed by AMP Capital Investors Limited, Colonial First State Investments Ltd, H.E.S.T. Australia Ltd.(Ta, Hung) (Entered: 03/05/2013)
Objection re: 771 Order on Motion to Approve,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,, Objection to Settlement. Document filed by AMP Capital Investors Limited, Colonial First State Investments Ltd, H.E.S.T. Australia Ltd. (Ta, Hung) (Entered: 03/05/2013)
NOTICE OF APPEARANCE by Hung G. Ta on behalf of AMP Capital Investors Limited, Colonial First State Investments Ltd, H.E.S.T. Australia Ltd (Ta, Hung) (Entered: 03/05/2013)
Objection re: 771 Order on Motion to Approve,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,. Document filed by Michael Washenik. (Miller, Steve) (Entered: 03/04/2013)
DECLARATION of Lawrence Portnoy in Support re: 833 Response to Motion,. Document filed by Bank Of America Corporation. (Kramer, Daniel) (Entered: 03/01/2013)
DECLARATION of Daniel J. Kramer in Support re: 833 Response to Motion,. Document filed by Bank Of America Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Kramer, Daniel) (Entered: 03/01/2013)
RESPONSE to Motion re: 812 MOTION for Attorney Fees Notice of Delaware Shareholder's Application for Attorneys' Fee and Reimbursement of Expenses., 819 MOTION for Attorney Fees Notice of Motion of Objector Matthew Pinsly's Counsel's Motion for an Award of Attorney's Fees and Expenses., 813 MOTION for Attorney Fees AND REIMBURSEMENT OF EXPENSES.. Document filed by Bank Of America Corporation. (Kramer, Daniel) (Entered: 03/01/2013)
NOTICE OF APPEARANCE by Yelena Shreyberg on behalf of Jonathan A. Thain, John A. Thain Filed In Associated Cases: 1:09-md-02058-PKC, 1:09-cv-10077-PKC, 1:10-cv-02284-PKC, 1:11-cv-07070-PKC(Shreyberg, Yelena) (Entered: 02/22/2013)
NOTICE OF APPEARANCE by Adam Jay Wasserman on behalf of Jonathan A. Thain, John A. Thain Filed In Associated Cases: 1:09-md-02058-PKC, 1:09-cv-10077-PKC, 1:10-cv-02284-PKC, 1:11-cv-07070-PKC(Wasserman, Adam) (Entered: 02/21/2013)
CERTIFICATE OF SERVICE. Document filed by Fjarde Ap-Fonden, Ohio Public Employees Retirement System, State Teachers Retirement System of Ohio, Stichting Pensioenfonds Zorg en Welzijin, Teachers Retirement System of Texas. (Singer, Steven) (Entered: 02/19/2013)
DECLARATION of Steven B. Singer, Frederic S. Fox, and David Kessler in Support re: 825 MOTION to Approve Class Action Settlement and Plan of Allocation., 827 MOTION for Attorney Fees and Reimbursement of Litigation Expenses.. Document filed by Fjarde Ap-Fonden, Ohio Public Employees Retirement System, State Teachers Retirement System of Ohio, Stichting Pensioenfonds Zorg en Welzijin, Teachers Retirement System of Texas. (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 10A, # 12 Exhibit 10B, # 13 Exhibit 10C, # 14 Exhibit 10D, # 15 Exhibit 11)(Singer, Steven) (Entered: 02/19/2013)
828
Filed: 2/19/2013, Entered: 2/19/2013
Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: 827 MOTION for Attorney Fees and Reimbursement of Litigation Expenses.. Document filed by Fjarde Ap-Fonden, Ohio Public Employees Retirement System, State Teachers Retirement System of Ohio, Stichting Pensioenfonds Zorg en Welzijin, Teachers Retirement System of Texas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Singer, Steven) (Entered: 02/19/2013)
827
Filed: 2/19/2013, Entered: 2/19/2013
Motion for Attorney Fees
MOTION for Attorney Fees and Reimbursement of Litigation Expenses. Document filed by Fjarde Ap-Fonden, Ohio Public Employees Retirement System, State Teachers Retirement System of Ohio, Stichting Pensioenfonds Zorg en Welzijin, Teachers Retirement System of Texas.(Singer, Steven) (Entered: 02/19/2013)
MEMORANDUM OF LAW in Support re: 825 MOTION to Approve Class Action Settlement and Plan of Allocation.. Document filed by Fjarde Ap-Fonden, Ohio Public Employees Retirement System, State Teachers Retirement System of Ohio, Stichting Pensioenfonds Zorg en Welzijin, Teachers Retirement System of Texas. (Singer, Steven) (Entered: 02/19/2013)
MOTION to Approve Class Action Settlement and Plan of Allocation. Document filed by Fjarde Ap-Fonden, Ohio Public Employees Retirement System, State Teachers Retirement System of Ohio, Stichting Pensioenfonds Zorg en Welzijin, Teachers Retirement System of Texas.(Singer, Steven) (Entered: 02/19/2013)
REPLY MEMORANDUM OF LAW in Support re: (35 in 1:12-cv-04568-PKC, 787 in 1:09-md-02058-PKC) MOTION to Dismiss the Verified Shareholder Derivative Complaint.. Document filed by William Barnet III, Frank P. Bramble, Sr., Amy Woods Brinkley, Virgis W. Colbert, John T. Collins, Neil A. Cotty, Gary L. Countryman, Charles K. Gifford, Kenneth D. Lewis, Monica C. Lozano, Walter E. Massey, Thomas J. May, Brian T. Moynihan, Joe L. Price, Charles O. Rossotti, Thomas M. Ryan, Mukesh D. Ambani, William Barnet, III, Susan S. Bies, William P. Boardman, Frank P. Bramble, Sr, Virgis W. Colbert, Charles O. Holliday, Jr, D. Paul Jones, Monica C Lozano, Donald E. Powell, Robert W. Scully. Filed In Associated Cases: 1:09-md-02058-PKC, 1:12-cv-04568-PKC(Duggan, Charles) (Entered: 02/15/2013)
REPLY MEMORANDUM OF LAW in Support re: (784 in 1:09-md-02058-PKC, 32 in 1:12-cv-04568-PKC) MOTION to Dismiss /Notice of Motion of Bank of America Corp. to Dismiss Plaintiff Michael Waber's Shareholder Derivative Complaint, dated January 3, 2013.. Document filed by Bank Of America Corporation, Bank of America Corp.. Filed In Associated Cases: 1:09-md-02058-PKC, 1:12-cv-04568-PKC(Lowenthal, Mitchell) (Entered: 02/15/2013)
DECLARATION of Sean K. Mullen, dated February 15, 2013 in Support re: (784 in 1:09-md-02058-PKC, 32 in 1:12-cv-04568-PKC) MOTION to Dismiss /Notice of Motion of Bank of America Corp. to Dismiss Plaintiff Michael Waber's Shareholder Derivative Complaint, dated January 3, 2013.. Document filed by Bank Of America Corporation, Bank of America Corp.. (Attachments: # 1 Exhibit A)Filed In Associated Cases: 1:09-md-02058-PKC, 1:12-cv-04568-PKC(Lowenthal, Mitchell) (Entered: 02/15/2013)
DECLARATION of Christopher L. Nelson in Support re: 819 MOTION for Attorney Fees Notice of Motion of Objector Matthew Pinsly's Counsel's Motion for an Award of Attorney's Fees and Expenses.. Document filed by Matthew Pinsly. (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)(Nelson, Christopher) (Entered: 02/11/2013)
MEMORANDUM OF LAW in Support re: 819 MOTION for Attorney Fees Notice of Motion of Objector Matthew Pinsly's Counsel's Motion for an Award of Attorney's Fees and Expenses.. Document filed by Matthew Pinsly. (Nelson, Christopher) (Entered: 02/11/2013)
MOTION for Attorney Fees Notice of Motion of Objector Matthew Pinsly's Counsel's Motion for an Award of Attorney's Fees and Expenses. Document filed by Matthew Pinsly. Return Date set for 4/4/2013 at 11:00 AM. (Attachments: # 1 Text of Proposed Order)(Nelson, Christopher) (Entered: 02/11/2013)
MEMORANDUM OF LAW in Support re: 812 MOTION for Attorney Fees Notice of Delaware Shareholder's Application for Attorneys' Fee and Reimbursement of Expenses.. Document filed by Nancy Rothbaum. (Schwartz, Michael) (Entered: 02/11/2013)
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Attorney Fees Memorandum of Law in Support of Delaware Shareholder's Application for Attorneys' Fees and Reimbursement of Expenses. Document filed by Nancy Rothbaum. Return Date set for 4/4/2013 at 11:00 AM.(Schwartz, Michael) Modified on 2/11/2013 (db). (Entered: 02/08/2013)
MEMORANDUM OF LAW in Support re: 813 MOTION for Attorney Fees AND REIMBURSEMENT OF EXPENSES.. Document filed by Hollywood Police Officers' Retirement System, Louisiana Municipal Police Employees Retirement System. (White, Joseph) (Entered: 02/08/2013)
MOTION for Attorney Fees Declaration of Michael A. Schwartz in Support of Delaware Shareholder's Application for Attorneys' Fees and Reimbursement of Expenses. Document filed by Nancy Rothbaum. Return Date set for 4/4/2013 at 11:00 AM. (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)(Schwartz, Michael) (Entered: 02/08/2013)
813
Filed: 2/8/2013, Entered: 2/8/2013
Motion for Attorney Fees
MOTION for Attorney Fees AND REIMBURSEMENT OF EXPENSES. Document filed by Hollywood Police Officers' Retirement System, Louisiana Municipal Police Employees Retirement System.(White, Joseph) (Entered: 02/08/2013)
812
Filed: 2/8/2013, Entered: 2/8/2013
Motion for Attorney Fees
MOTION for Attorney Fees Notice of Delaware Shareholder's Application for Attorneys' Fee and Reimbursement of Expenses. Document filed by Nancy Rothbaum. Return Date set for 4/4/2013 at 11:00 AM.(Schwartz, Michael) (Entered: 02/08/2013)
FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Christopher L. Nelson in Support re: 809 MOTION for Attorney Fees Notice of Motion of Objector Matthew Pinsly's Counsel's Motion for an Award of Attorney's Fees and Expenses. Document filed by Matthew Pinsly. (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)(Nelson, Christopher) Modified on 2/11/2013 (db). (Entered: 02/08/2013)
FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 809 MOTION for Attorney Fees Notice of Motion of Objector Matthew Pinsly's Counsel's Motion for an Award of Attorney's Fees and Expenses.. Document filed by Matthew Pinsly. (Nelson, Christopher) Modified on 2/11/2013 (db). (Entered: 02/08/2013)
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Attorney Fees Notice of Motion of Objector Matthew Pinsly's Counsel's Motion for an Award of Attorney's Fees and Expenses. Document filed by Matthew Pinsly. Return Date set for 4/4/2013 at 11:00 AM. (Attachments: # 1 Text of Proposed Order Proposed Order)(Nelson, Christopher) Modified on 2/11/2013 (db). (Entered: 02/08/2013)
ENDORSED LETTER addressed to Judge P. Kevin Castel from Joseph E. White, III and Albert M. Myers dated 2/05/2013 re: We write to respectfully request an enlargement in the page limits applicable to the motion, from twenty-five (25) pages to thirty-five (35) pages. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 2/06/2013) (ama) (Entered: 02/06/2013)
ORDER granting 792 Motion for Christopher L. Nelson to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Castel, P.) (Entered: 02/05/2013)
MANDATE of USCA (Certified Copy) as to 332 Notice of Appeal, filed by Arlene Kahn, Mark Adams, Petra Chatman, Rhonda Wilson, Vernon C. Dailey USCA Case Number 10-3899. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to Local Rule 42.1.The stipulation is hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 2/1/2013. (nd) (Entered: 02/01/2013)
ORDER AND FINAL JUDGMENT settling Consolidated Derivative Action. (Signed by Judge P. Kevin Castel on 1/24/13) (Attachments: # 1 Notice of Right to Appeal)Filed In Associated Cases: 1:09-md-02058-PKC et al.(ml) (Entered: 01/28/2013)
ENDORSED LETTER addressed to Judge P. Kevin Castel from Joseph E. White, III and Albert M. Meyers dated 1/25/2013 re: We write to respectfully request that the Court reschedule the Fee Hearing for another dale, at the Court's convenience. ENDORSEMENT: Hearing rescheduled from March 29 to April 4 at 11:00 am. (Signed by Judge P. Kevin Castel on 1/25/2013) Filed In Associated Cases: 1:09-md-02058-PKC et al.(mt) (Entered: 01/25/2013)
MEMO ENDORSEMENT ON " AGREEMENT TO BE BOUND BY STIPULATION AND ORDER AND RELATED DOCUMENTS GOVERNING THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL MATERIALS": Pursuant to paragraph twenty-two (22) of the Stipulation and Order Governing Production and Exchange of Confidential Materials (Dkt No. 160) ("Stipulation and Order"), the undersigned counsel for Plaintiff Steven L. Shapiro, as Custodian for Stacy Shapiro UGMA and Marcl Shapiro UGMA, hereby affirm and agree to be bound fully by the Stipulation and Order, including the January 28, 2010 Rider thereto, and the Addendum Order Regarding the Confidentiality of Documents and Information entered on May 19, 2010. ENDORSEMENT: SO ORDERED. (Signed by Judge P. Kevin Castel on 01/24/2013) (jcs) (Entered: 01/25/2013)
MEMO ENDORSEMENT ON "AGREEMENT TO BE BOUND BY STIPULATION AND ORDER AND RELATED DOCUMENTS GOVERNING THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL MATERIALS": Pursuant to paragraph twenty-two (22) of the Stipulation and Order Governing Production and Exchange of Confidential Materials (Dkt No. 160) ("Stipulation and Order"), the undersigned counsel for Plaintiffs Harvey M. Mitnick for the Estate of Nathan A. Friedman, Nathan A. Friedman Rollover IRA, and Bonnie Friedman, hereby affirm and agree to be bound fully by the Stipulation and Order, Including the January 28, 2010 Rider thereto, and the Addendum Order Regarding the Confidentiality of Documents and Information entered on May 19, 2010. ENDORSEMENT: SO ORDERED. (Signed by Judge P. Kevin Castel on 01/24/2013) (jcs) (Entered: 01/25/2013)
MEMO ENDORSEMENT ON "AGREEMENT TO BE BOUND BY STIPULATION AND ORDER AND RELATED DOCUMENTS GOVERNING THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL MATERIALS": Pursuant to paragraph twenty-two (22) of the Stipulation and Order Governing Production and Exchange of Confidential Materials (Dkt No, 160) ("Stipulation and Order"), the undersigned counsel for Plaintiff Robert Gegnas, hereby affirm and agree to be bound fully by the Stipulation and Order,including the January 28, 2010 Rider thereto, and the Addendum Order Regarding the confidentiality of Documents and Information entered on May 19, 2010. ENDORSEMENT: SO ORDERED (Signed by Judge P. Kevin Castel on 01/24/2013) (jcs) Modified on 1/25/2013 (jcs). Modified on 1/25/2013 (jcs). (Entered: 01/25/2013)
MOTION for an order, granting Margot J. Champagne, Pro Se, to Intervene in this action. Document filed by Margot J. Champagne.(sac) (Entered: 01/25/2013)
ORDER SETTING SCHEDULE FOR APPLICATION FOR ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES: IT IS HEREBY ORDERED that: 1. A hearing (the "Fee Hearing") shall be held on March 29, 2013, at 2 P.M., Eastern Time, at the United States District Court for the Southern District of New York, Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, Courtroom 12C, New York, New York 10007 as further set forth in this order. 2. The Court approves the Notice of Fee Hearing in the form of the press release attached as Exhibit A hereto, and finds that such form, and method of notice as set forth below, constitutes the best notice practicable under the circumstances, constitutes due and sufficient notice of the Fee Hearing to all persons entitled to receive such notice and fully satisfies the requirements of due process, Local Civil Rule 23.1.1, and all other applicable law. 3. Within seven (7) calendar days of entry of this Order: (a) Lead Counsel and Counsel for the Delaware Shareholders shall cause to be published via a national wire service a press release, substantially in the form of Exhibit A hereto, providing information regarding the deadlines related to the Fee Hearing and the amount of the fees and expenses sought by Lead Counsel and Counsel for the Delaware Shareholders, and jointly incur the costs thereof; and (b) BAC shall cause the NY Fee Application, Delaware Fee Application, the press release, substantially in the form of Exhibit A hereto, and this Order to be posted on the Settlement Website, and incur the costs thereof. 4. By February 8, 2013, Lead Counsel shall file an application for an award of attorneys' fees in an amount not to exceed $13 million, and for reimbursement of their expenses incurred in prosecuting the case in an amount not to exceed $700,000 (the "NY Fee Application")as further set forth in this order. 7. All reply papers in further support of the NY Fee Application and Delaware Shareholders' Fee Application shall be filed and served by March 15, 2013. 8. The Court may, for good cause, extend any of the deadlines set forth in this Order without further notice to BAC Stockholders, and the Court retains jurisdiction to consider all further matters arising out of or connected with the Settlement. 9. Without this Court expressing a view on the merits of the application, the notice (Exhibit A) should reflect that Mr. Pinsly seeks an attorneys' fee, as well., Set Deadlines/Hearing as to 793 MOTION NOTICE OF MOTION TO APPROVE NOTICE AND SET SCHEDULE FORAPPLICATION FOR ATTORNEYS FEES AND REIMBURSEMENT OF EXPENSES. :( Motion Hearing set for 3/29/2013 at 02:00 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel.), ( Motions due by 2/8/2013., Replies due by 3/15/2013.) (Signed by Judge P. Kevin Castel on 1/24/2013) (lmb) (Entered: 01/24/2013)
ENDORSED LETTER addressed to Judge P. Kevin Castel from Robert B. Weiser dated 1/23/2013 re: In light of these recent developments and the ongoing proceedings in Delaware, we request that the Action should be temporarily stayed pending the resolution of the Section 220 Action. ENDORSEMENT: Application for a stay is DENIED without prejudice to Pinsly conferring with counsel for the defendants and BOA on a consensual stay which includes a withdrawal without prejudice of the pending motions. (Signed by Judge P. Kevin Castel on 1/24/2013) (lmb) (Entered: 01/24/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/11/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:09-md-02058-PKC et al.(Rodriguez, Somari) (Entered: 01/23/2013)
TRANSCRIPT of Proceedings re: CONFERENCE held on 1/11/2013 before Judge P. Kevin Castel. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/19/2013. Redacted Transcript Deadline set for 2/28/2013. Release of Transcript Restriction set for 4/26/2013.Filed In Associated Cases: 1:09-md-02058-PKC et al.(Rodriguez, Somari) (Entered: 01/23/2013)
DECLARATION of Joseph E. White, III in Support re: 793 MOTION NOTICE OF MOTION TO APPROVE NOTICE AND SET SCHEDULE FORAPPLICATION FOR ATTORNEYS FEES AND REIMBURSEMENT OF EXPENSES.. Document filed by Hollywood Police Officers' Retirement System, Louisiana Municipal Police Employees Retirement System. (Attachments: # 1 Exhibit Fee Hearing Notice, # 2 Exhibit Proposed Order, # 3 Exhibit Amendment No 1, # 4 Exhibit Transcript)(White, Joseph) (Entered: 01/18/2013)
MEMORANDUM OF LAW in Support re: 793 MOTION NOTICE OF MOTION TO APPROVE NOTICE AND SET SCHEDULE FORAPPLICATION FOR ATTORNEYS FEES AND REIMBURSEMENT OF EXPENSES.. Document filed by Hollywood Police Officers' Retirement System, Louisiana Municipal Police Employees Retirement System. (White, Joseph) (Entered: 01/18/2013)
MOTION NOTICE OF MOTION TO APPROVE NOTICE AND SET SCHEDULE FORAPPLICATION FOR ATTORNEYS FEES AND REIMBURSEMENT OF EXPENSES. Document filed by Hollywood Police Officers' Retirement System, Louisiana Municipal Police Employees Retirement System.(White, Joseph) (Entered: 01/18/2013)
MOTION for Christopher L. Nelson to Appear Pro Hac Vice. Filing fee $ 200.00. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Matthew Pinsly. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Certificate of Good Standing)(Nelson, Christopher) (Entered: 01/09/2013)
ORDER: The Court has scheduled a hearing on the settlement of the derivative action for January 11, 2013 at 11 a.m. and is in the process of reviewing all submissions by proponents and objectors of the settlement. Without deciding any issue and only by way of example, the Court has not yet been persuaded of the fairness, reasonableness and adequacy of a settlement of the derivative claims against defendant Lewis in exchange for corporate governance reforms of unquantifiable value and $20 million in cash, some, most or all of which will be consumed by plaintiffs' attorneys' fees. Counsel for the lead derivative plaintiffs, the individual defendants and the Delaware objectors are directed to meet at 2 p.m. on January 7, 2013 at the offices of counsel for the individual defendants to discuss revisions to the proposed settlement. ( Settlement Conference set for 1/11/2013 at 11:00 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 1/4/2013) Filed In Associated Cases: 1:09-md-02058-PKC et al.(mro) (Entered: 01/04/2013)
NOTICE of Withdrawal of Appearance of Gregory F. Smolar. Document filed by Kenneth D. Lewis, Kenneth D. Lewis. Filed In Associated Cases: 1:09-md-02058-PKC et al.(Smolar, Gregory) (Entered: 01/04/2013)
DECLARATION of Brian M. Burnovski in Support re: (35 in 1:12-cv-04568-PKC) MOTION to Dismiss the Verified Shareholder Derivative Complaint.. Document filed by William Barnet III, Frank P. Bramble, Sr., Virgis W. Colbert, John T. Collins, Neil A. Cotty, Gary L. Countryman, Charles K. Gifford, Kenneth D. Lewis, Monica C. Lozano, Walter E. Massey, Thomas J. May, Brian T. Moynihan, Joe L. Price, Charles O. Rossotti, Thomas M. Ryan, Mukesh D. Ambani, William Barnet, III, Susan S. Bies, William P. Boardman, Frank P. Bramble, Sr, Virgis W. Colbert, Charles O. Holliday, Jr, D. Paul Jones, Monica C Lozano, Donald E. Powell, Robert W. Scully. (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)Filed In Associated Cases: 1:09-md-02058-PKC, 1:12-cv-04568-PKC(Burnovski, Brian) (Entered: 01/03/2013)
MEMORANDUM OF LAW in Support re: (35 in 1:12-cv-04568-PKC) MOTION to Dismiss the Verified Shareholder Derivative Complaint.. Document filed by William Barnet III, Frank P. Bramble, Sr., Virgis W. Colbert, John T. Collins, Neil A. Cotty, Gary L. Countryman, Charles K. Gifford, Kenneth D. Lewis, Monica C. Lozano, Walter E. Massey, Thomas J. May, Brian T. Moynihan, Charles O. Rossotti, Thomas M. Ryan, Mukesh D. Ambani, William Barnet, III, Susan S. Bies, William P. Boardman, Frank P. Bramble, Sr, Virgis W. Colbert, Charles O. Holliday, Jr, D. Paul Jones, Monica C Lozano, Donald E. Powell, Joe L. Price, Robert W. Scully. Filed In Associated Cases: 1:09-md-02058-PKC, 1:12-cv-04568-PKC(Duggan, Charles) (Entered: 01/03/2013)
MOTION to Dismiss the Verified Shareholder Derivative Complaint. Document filed by William Barnet III, Frank P. Bramble, Sr., John T. Collins, Neil A. Cotty, Gary L. Countryman, Charles K. Gifford, Kenneth D. Lewis, Monica C. Lozano, Walter E. Massey, Thomas J. May, Brian T. Moynihan, Joe L. Price, Charles O. Rossotti, Thomas M. Ryan, Mukesh D. Ambani, Susan S. Bies, William P. Boardman, Frank P. Bramble, Sr, Virgis W. Colbert, Charles O. Holliday, Jr, D. Paul Jones, Monica C Lozano, Donald E. Powell, Robert W. Scully. Responses due by 2/1/2013Filed In Associated Cases: 1:09-md-02058-PKC, 1:12-cv-04568-PKC(Duggan, Charles) (Entered: 01/03/2013)
MEMORANDUM OF LAW in Support re: (784 in 1:09-md-02058-PKC, 32 in 1:12-cv-04568-PKC) MOTION to Dismiss /Notice of Motion of Bank of America Corp. to Dismiss Plaintiff Michael Waber's Shareholder Derivative Complaint, dated January 3, 2013.. Document filed by Bank Of America Corporation, Bank of America Corp.. Filed In Associated Cases: 1:09-md-02058-PKC, 1:12-cv-04568-PKC(Lowenthal, Mitchell) (Entered: 01/03/2013)
DECLARATION of Sean K. Mullen, dated January 3, 2013 in Support re: (784 in 1:09-md-02058-PKC, 32 in 1:12-cv-04568-PKC) MOTION to Dismiss /Notice of Motion of Bank of America Corp. to Dismiss Plaintiff Michael Waber's Shareholder Derivative Complaint, dated January 3, 2013.. Document filed by Bank Of America Corporation, Bank of America Corp.. (Attachments: # 1 Exhibits A-F)Filed In Associated Cases: 1:09-md-02058-PKC, 1:12-cv-04568-PKC(Lowenthal, Mitchell) (Entered: 01/03/2013)
MOTION to Dismiss /Notice of Motion of Bank of America Corp. to Dismiss Plaintiff Michael Waber's Shareholder Derivative Complaint, dated January 3, 2013. Document filed by Bank Of America Corporation, Bank of America Corp..Filed In Associated Cases: 1:09-md-02058-PKC, 1:12-cv-04568-PKC(Lowenthal, Mitchell) (Entered: 01/03/2013)
DECLARATION of Lawrence Portnoy in Support re: 745 MOTION for Settlement Final Approval.. Document filed by William Barnet III, Frank P. Bramble, Sr., John T. Collins, Gary L. Countryman, Tommy R. Franks, Charles K. Gifford, Kenneth D. Lewis, Monica C. Lozano, Walter E. Massey, Thomas J. May, Patricia E. Mitchell, Thomas M. Ryan, O. Temple Sloan, Jr., Meredith R. Spangler, Robert L. Tillman, Jackie M. Ward. (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, # 31 Exhibit EE)(Portnoy, Lawrence) (Entered: 12/28/2012)
REPLY MEMORANDUM OF LAW in Support re: 745 MOTION for Settlement Final Approval. Lead Plaintiffs' Reply Memorandum of Law in Further Support of Motion for Final Approval of Derivative Action Settlement. Document filed by Hollywood Police Officers' Retirement System, Louisiana Municipal Police Employees Retirement System. (Myers, Albert) (Entered: 12/28/2012)
REPLY MEMORANDUM OF LAW in Support re: 745 MOTION for Settlement Final Approval. Individual Defendants' Reply Memorandum of Law in Support of Final Approval of Settlement and in Response to Objections. Document filed by William Barnet III, Frank P. Bramble, Sr., John T. Collins, Gary L. Countryman, Tommy R. Franks, Charles K. Gifford, Kenneth D. Lewis, Monica C. Lozano, Walter E. Massey, Thomas J. May, Patricia E. Mitchell, Thomas M. Ryan, O. Temple Sloan, Jr., Meredith R. Spangler, Robert L. Tillman, Jackie M. Ward. (Portnoy, Lawrence) (Entered: 12/28/2012)
FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Support re: 745 MOTION for Settlement Final Approval. Individual Defendants' Reply Memorandum of Law in Support of Final Approval of Settlement and in Response to Objections. Document filed by Alma Alvarez, William Barnet III, Frank P. Bramble, Sr., John T. Collins, Gary L. Countryman, Tommy R. Franks, Charles K. Gifford, Monica C. Lozano, Walter E. Massey, Thomas J. May, Patricia E. Mitchell, Thomas M. Ryan, O. Temple Sloan, Jr., Meredith R. Spangler, Robert L. Tillman, Jackie M. Ward. (Portnoy, Lawrence) Modified on 1/2/2013 (db). (Entered: 12/28/2012)
ENDORSED LETTER addressed to Judge P. Kevin Castel from Lawrence Portnoy dated 12/20/2012 re: Request for permission to file a reply memorandum of up to 32 pages in further support of final approval of the proposed settlement of the action. ENDORSEMENT: Application granted. (Signed by Judge P. Kevin Castel on 12/21/2012) Filed In Associated Cases: 1:09-md-02058-PKC et al.(cd) (Entered: 12/21/2012)
ENDORSED LETTER addressed to Judge P. Kevin Castel from Joseph E. White III and Albert M. Myers dated 12/21/2012 re: Request for an enlargement in the page limits applicable to the Reply brief--from 10 to 55 pages. ENDORSEMENT: Application granted. (Signed by Judge P. Kevin Castel on 12/21/2012) Filed In Associated Cases: 1:09-md-02058-PKC et al.(cd) (Entered: 12/21/2012)
NOTICE of Service. Document filed by Bank of America Corporation. Filed In Associated Cases: 1:09-md-02058-PKC, 1:12-cv-06801-PKC, 1:12-cv-06864-PKC, 1:12-cv-06879-PKC(Soloway, Audra) (Entered: 12/20/2012)
ENDORSED LETTER addressed to Judge P. Kevin Castel from Scott D. Musoff dated 12/11/2012 re: We write with permission of plaintiffs and on behalf of all parties to request an adjournment of the pre-motion conference currently scheduled for December 17,2012. ENDORSEMENT: Application Granted. December 17 conference is Vacated as to individual securities actions. SO ORDERED. (Signed by Judge P. Kevin Castel on 12/11/2012) (ama) (Entered: 12/12/2012)
STIPULATION AND ORDER: Defendants shall answer or file a pre-motion conference letter detailing the basis for any anticipated motions to dismiss by April 9, 2013. Plaintiffs shall respond to any pre-motion conference letter detailing the basis for any anticipated motions to dismiss by April 16, 2013. (Signed by Judge P. Kevin Castel on 12/7/2012) Filed In Associated Cases: 1:09-md-02058-PKC, 1:12-cv-06801-PKC, 1:12-cv-06864-PKC, 1:12-cv-06879-PKC(ft) (Entered: 12/07/2012)
773
Filed: 12/7/2012, Entered: 12/7/2012
Scheduling Order
FINAL REVISED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: The parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. Each Individual Action is to be tried to a jury. Defendants agree to answer or otherwise respond to any Amended Complaints in the Individual Actions to which they have not already responded on or before 6/3/2013. Expert Discovery due by 6/21/2013. Deposition due by 6/21/2013. Motions due by 7/3/2013. Responses due by 8/7/2013. Replies due by 8/28/2013. Case Management Conference set for 6/7/2013 at 11:00 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 12/7/2012) Filed In Associated Cases: 1:09-md-02058-PKC et al.(ft) (Entered: 12/07/2012)
ORDER terminating (584) Motion for Summary Judgment; terminating (589) Motion for Summary Judgment; terminating (597) Motion for Summary Judgment; terminating (599) Motion for Summary Judgment; terminating (606) Motion for Summary Judgment; terminating (611) Motion for Summary Judgment; terminating (613) Motion for Summary Judgment in case 1:09-md-02058-PKC. In view of the Order preliminarily approving the proposed settlement, the Clerk is directed to terminate the pending motions for summary judgment. (Docket # 584, 589, 597, 599, 606, 611, 613.) (Signed by Judge P. Kevin Castel on 12/4/2012) Filed In Associated Cases: 1:09-md-02058-PKC et al.(ft) (Entered: 12/05/2012)
ORDER PRELIMINARILY APPROVING PROPOSED SETTLEMENT AND PROVIDING FOR NOTICE granting (767) Motion to Approve Settlement in case 1:09-md-02058-PKC. The Court hereby preliminarily approves the Settlement, as embodied in the Stipulation, as being fair, reasonable and adequate, and in the best interests of Lead Plaintiffs and the other Class Members, subject to further consideration at the Settlement Hearing to be conducted as described below. The Court will hold a settlement hearing on April 5, 2013 at 2:00 p.m. at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, Courtroom 12C, New York, NY 10007-1312. (Signed by Judge P. Kevin Castel on 12/4/2012) Filed In Associated Cases: 1:09-md-02058-PKC et al.(ft) (Entered: 12/05/2012)
Statement of Objection of Matthew Pinsly to Final Approval of Shareholder Derivative Settlement and Notice of Intent to Appear at the Final Settlement Hearing. (lmb) (Entered: 12/03/2012)
AFFIDAVIT of Jason Zuena in Support re: 767 MOTION to Approve PRELIMINARY APPROVAL OF SETTLEMENT.. Document filed by Fjarde Ap-Fonden, Ohio Public Employees Retirement System, State Teachers Retirement System of Ohio, Stichting Pensioenfonds Zorg en Welzijin, Teachers Retirement System of Texas. (Singer, Steven) (Entered: 11/30/2012)
MEMORANDUM OF LAW in Support re: 767 MOTION to Approve PRELIMINARY APPROVAL OF SETTLEMENT.. Document filed by Fjarde Ap-Fonden, Ohio Public Employees Retirement System, State Teachers Retirement System of Ohio, Stichting Pensioenfonds Zorg en Welzijin, Teachers Retirement System of Texas. (Singer, Steven) (Entered: 11/30/2012)
MOTION to Approve PRELIMINARY APPROVAL OF SETTLEMENT. Document filed by Fjarde Ap-Fonden, Ohio Public Employees Retirement System, State Teachers Retirement System of Ohio, Stichting Pensioenfonds Zorg en Welzijin, Teachers Retirement System of Texas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Singer, Steven) (Entered: 11/30/2012)
DECLARATION of Professor Geoffrey Miller in Support of Objection of Laborers National Pension Fund and Nancy Rothbaum in Opposition re: 745 MOTION for Settlement Final Approval.. Document filed by Nancy Rothbaum. (Schwartz, Michael) (Entered: 11/28/2012)
MEMORANDUM OF LAW in Opposition re: 745 MOTION for Settlement Final Approval. Memorandum of Law In Support of Objection of Laborers National Pension Fund and Nancy Rothbaum. Document filed by Nancy Rothbaum. (Schwartz, Michael) (Entered: 11/28/2012)
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FINAL MOTION for Settlement Objection of Laborers National Pension Fund and Nancy Rothbaum to Final Approval of the Proposed Settlement. Document filed by Nancy Rothbaum. Return Date set for 1/11/2013 at 11:30 AM.(Schwartz, Michael) Modified on 11/28/2012 (ldi). (Entered: 11/27/2012)
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FINAL MOTION for Settlement Declaration of Geoffrey Miller in Support of Objection of Laborers National Pension Fund and Nancy Rothbaum. Document filed by Nancy Rothbaum. Return Date set for 1/11/2013 at 11:30 AM.(Schwartz, Michael) Modified on 11/28/2012 (ldi). (Entered: 11/27/2012)
ENDORSED LETTER addressed to Judge P. Kevin Castel from Michael Tremonte, Justin M. Sher dated 11/23/2012 re: Request for adjournment of plaintiffs' date to respond to defendants' 9/13/2012 letter requesting a pre-motion conference for defendants' intended motion to dismiss, until December 12, 2012. ENDORSEMENT: OK. Application granted. So ordered. (Signed by Judge P. Kevin Castel on 11/26/2012) Filed In Associated Cases: 1:09-md-02058-PKC, 1:12-cv-05210-PKC(rjm) Modified on 12/7/2012 (rjm). (Entered: 11/26/2012)
ENDORSED LETTER addressed to Judge P. Kevin Castel from Michael A. Schwartz dated 11/21/2012 re: In response to the Court's November 19,2012 Memo Endorsed, objectors Laborers National Pension Fund and Nancy Rothbaum hereby respectfully request permission to file a single 45-page memorandum of law in support of their objection to the proposed settlement of the referenced Consolidated Derivative Action. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 11/21/2012) (ama) (Entered: 11/21/2012)
ENDORSED LETTER addressed to Judge P. Kevin Castel from Michael A. Schwartz dated 11/19/2012 re: In order for the Objectors to properly address the relevant issues raised and overlooked in the 72 pages of briefs filed by the parties, and to provide the Court with a full record of the underlying facts, the Objectors respectfully request in accordance with your Honor's Individual Practices, Section 2(c), that they be permitted to file a Single memorandum of law in support of objection to the proposed settlement not to exceed 50 pages in length. ENDORSEMENT: Application denied without prejudice to a more particularized request. How many pages? (Signed by Judge P. Kevin Castel on 11/19/2012) (lmb) (Entered: 11/20/2012)
ENDORSED LETTER addressed to Judge P. Kevin Castel from Robert N. Kaplan, Frederic S. Fox, Max W. Berger, Steven R. Singer, David Kessler, and Gregory M. Castaldo dated 11/13/2012 re: Counsel for the plaintiffs request an extension until November 30, 2012 to file their motion for preliminary approval of the parties' settlement. ENDORSEMENT: Application granted. SO ORDERED. (Motions due by 11/30/2012.) (Signed by Judge P. Kevin Castel on 11/14/2012) (ft) (Entered: 11/14/2012)
DECLARATION of Joseph E. White, III (Supplemental) in Support re: 745 MOTION for Settlement Final Approval.. Document filed by Hollywood Police Officers' Retirement System, Louisiana Municipal Police Employees Retirement System. (Attachments: # 1 Exhibit C)(White, Joseph) (Entered: 11/09/2012)
ENDORSED LETTER: addressed to P. Kevin Castel from Lawrence Portnoy dated 11/5/2012 re: Counsel for Defendants in the consolidated Derivative Action to request permission to file a memorandum of law up to 32 pages in support of final approval of the proposed settlement of the action. ENDORSEMENT: Application granted. So Ordered. (Signed by Judge P. Kevin Castel on 11/7/2012) (js) (Entered: 11/08/2012)
ENDORSED LETTER addressed to Judge P. Kevin Castel from Joseph E. White, III (and co-counsel at Saxena White P.A.) and Albert M. Myers (and co-counsel at Kahn Swick & Foti, LLC) dated 11/5/2012 re: Counsel writes to request an enlargement in the page limits applicable to the Motion for Final Approval of the Proposed Settlement from 25 pages to 50 pages. ENDORSEMENT: Application granted. So ordered. (Signed by Judge P. Kevin Castel on 11/5/2012) Filed In Associated Cases: 1:09-md-02058-PKC et al.(mro) (Entered: 11/07/2012)
CERTIFICATE OF SERVICE on November 6, 2012. Document filed by Hollywood Police Officers' Retirement System, Louisiana Municipal Police Employees Retirement System. (White, Joseph) (Entered: 11/06/2012)
DECLARATION of Lawrence Portnoy in Support re: 745 MOTION for Settlement Final Approval.. Document filed by William Barnet III, Frank P. Bramble, Sr., John T. Collins, Gary L. Countryman, Tommy R. Franks, Charles K. Gifford, Kenneth D. Lewis, Monica C. Lozano, Walter E. Massey, Thomas J. May, Patricia E. Mitchell, Thomas M. Ryan, O. Temple Sloan, Jr., Meredith R. Spangler, Robert L. Tillman, Jackie M. Ward. (Attachments: # 1 Exhibit A - Z, # 2 Exhibit AA - OO, # 3 Exhibit PP - QQ-1, # 4 Exhibit QQ-2 - RR)(Portnoy, Lawrence) (Entered: 11/06/2012)
MEMORANDUM OF LAW in Support re: 745 MOTION for Settlement Final Approval.. Document filed by William Barnet III, Frank P. Bramble, Sr., John T. Collins, Gary L. Countryman, Tommy R. Franks, Charles K. Gifford, Kenneth D. Lewis, Monica C. Lozano, Walter E. Massey, Thomas J. May, Patricia E. Mitchell, Thomas M. Ryan, O. Temple Sloan, Jr., Meredith R. Spangler, Robert L. Tillman, Jackie M. Ward. (Portnoy, Lawrence) (Entered: 11/06/2012)
MEMORANDUM OF LAW in Support re: 745 MOTION for Settlement Final Approval.. Document filed by Hollywood Police Officers' Retirement System, Louisiana Municipal Police Employees Retirement System. (Myers, Albert) (Entered: 11/06/2012)
MOTION for Settlement Final Approval. Document filed by Hollywood Police Officers' Retirement System, Louisiana Municipal Police Employees Retirement System. Return Date set for 1/9/2013 at 11:30 AM. (Attachments: # 1 Text of Proposed Order)(Myers, Albert) (Entered: 11/06/2012)
ORDER terminating 716 Motion for Reconsideration.This Order of August 3, 2012 terminates the motion for recommendation (Docket Entry # 716) SO ORDERED. (Signed by Judge P. Kevin Castel on 10/24/2012) (ama) (Entered: 10/24/2012)
ORDER in case 1:09-cv-00580-PKC; CONSOLIDATED DERIVATIVE ACTION ONLY: denying discovery without prejudice to right to object to the proposed settlement of the derivative action(677) Motion for Discovery in case 1:09-md-02058-PKC; denying [] Motion for Discovery in case 1:09-cv-00580-PKC; denying [] Motion for Discovery in case 1:09-cv-00606-PKC; denying [] Motion for Discovery in case 1:09-cv-00638-PKC; denying [] Motion for Discovery in case 1:09-cv-00720-GBD; denying [] Motion for Discovery in case 1:09-cv-00740-PKC; denying [] Motion for Discovery in case 1:09-cv-00881-PKC; denying [] Motion for Discovery in case 1:09-cv-00928-PKC; denying [] Motion for Discovery in case 1:09-cv-01463-PKC; denying [] Motion for Discovery in case 1:09-cv-01612-PKC; denying [] Motion for Discovery in case 1:09-cv-01941-PKC; denying [] Motion for Discovery in case 1:09-cv-02350-PKC; denying [] Motion for Discovery in case 1:09-cv-05410-DC; denying [] Motion for Discovery in case 1:09-cv-05411-PKC; denying [] Motion for Discovery in case 1:09-cv-02581-PKC; denying [] Motion for Discovery in case 1:10-cv-00966-DC; denying [] Motion for Discovery in case 1:10-cv-02409-PKC; denying [] Motion for Discovery in case 1:10-cv-02408-PKC; denying [] Motion for Discovery in case 1:10-cv-02410-PKC; denying [] Motion for Discovery in case 1:10-cv-02411-PKC; denying [] Motion for Discovery in case 1:09-cv-06305-PKC; denying [] Motion for Discovery in case 1:09-cv-10077-PKC; denying [] Motion for Discovery in case 1:09-cv-01056-PKC; denying [] Motion for Discovery in case 1:09-cv-01174-PKC; denying [] Motion for Discovery in case 1:09-cv-01177-PKC; denying [] Motion for Discovery in case 1:09-cv-00808-PKC; denying [] Motion for Discovery in case 1:09-cv-01331-PKC; denying [] Motion for Discovery in case 1:09-cv-00834-PKC; denying [] Motion for Discovery in case 1:09-cv-01333-PKC; denying [] Motion for Discovery in case 1:09-cv-00851-PKC; denying [] Motion for Discovery in case 1:09-cv-01434-PKC; denying [] Motion for Discovery in case 1:09-cv-01561-PKC; denying [] Motion for Discovery in case 1:09-cv-00880-PKC; denying [] Motion for Discovery in case 1:09-cv-01572-PKC; denying [] Motion for Discovery in case 1:09-cv-01606-PKC; denying [] Motion for Discovery in case 1:09-cv-00914-PKC; denying [] Motion for Discovery in case 1:09-cv-02389-PKC; denying [] Motion for Discovery in case 1:09-cv-02609-PKC; denying [] Motion for Discovery in case 1:09-cv-02674-PKC; denying [] Motion for Discovery in case 1:09-cv-10394-PKC; denying [] Motion for Discovery in case 1:10-cv-00275-PKC; denying [] Motion for Discovery in case 1:10-cv-01234-PKC; denying [] Motion for Discovery in case 1:10-cv-01673-PKC; denying [] Motion for Discovery in case 1:10-cv-02284-PKC; denying [] Motion for Discovery in case 1:10-cv-02425-PKC; denying [] Motion for Discovery in case 1:10-cv-03099-PKC; denying [] Motion for Discovery in case 1:10-cv-03248-PKC; denying [] Motion for Discovery in case 1:10-cv-05563-PKC; denying [] Motion for Discovery in case 1:11-cv-07070-PKC; denying [] Motion for Discovery in case 1:11-cv-07779-PKC; denying [] Motion for Discovery in case 1:12-cv-04568-PKC; denying [] Motion for Discovery in case 1:12-cv-05210-PKC; denying [] Motion for Discovery in case 1:12-cv-06801-PKC; denying [] Motion for Discovery in case 1:12-cv-06864-PKC; denying [] Motion for Discovery in case 1:12-cv-06879-PKC (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) Filed In Associated Cases: 1:09-md-02058-PKC et al. Copies of Notice of Electronic Filing (NEF) Sent By Chambers. (Castel, P.) (Entered: 10/23/2012)
NOTICE OF APPEARANCE by Brad Scott Karp on behalf of Bank Of America Corporation, Bank of America Corp. Filed In Associated Cases: 1:09-md-02058-PKC, 1:12-cv-04568-PKC(Karp, Brad) (Entered: 10/12/2012)
NOTICE OF APPEARANCE by Daniel Jonathan Kramer on behalf of Bank Of America Corporation, Bank of America Corp. Filed In Associated Cases: 1:09-md-02058-PKC, 1:12-cv-04568-PKC(Kramer, Daniel) (Entered: 10/11/2012)
STIPULATION AND ORDER: Defendants shall answer or file a pre-motion conference letter detailing the basis for any anticipated motions to dismiss by January 8, 2013. Plaintiffs shall respond to any pre-motion conference letter detailing the basis for any anticipated motions to dismiss by January 15, 2013. (Signed by Judge P. Kevin Castel on 10/9/2012) Filed In Associated Cases: 1:09-md-02058-PKC, 1:12-cv-06801-PKC, 1:12-cv-06864-PKC, 1:12-cv-06879-PKC(djc) (Entered: 10/10/2012)
ORDER granting 570 Motion to Withdraw as Attorney. Attorney Maureen Patricia Reid terminated. (Signed by Judge P. Kevin Castel on 10/5/2012) (lmb) (Entered: 10/05/2012)
ENDORSED LETTER addressed to Judge P. Kevin Castel from Michael Tremonte dated 10/4/2012 re: We write to respectfully request an adjournment of plaintiff's date to respond to defendants' September 13, 2012 letter requesting a pre-motion conference for defendants' intended motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6), 9(b) and 23.1. ENDORSEMENT: Conference adjourned for all individual securities actions to December 17, 2012 at 11:30 am. Time for plaintiffs in the Melgen action to respond to the September 13 letter is adjourned to November 26, 2012., ( Status Conference set for 12/17/2012 at 11:30 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 10/4/2012) Filed In Associated Cases: 1:09-md-02058-PKC, 1:12-cv-05210-PKC(lmb) (Entered: 10/05/2012)
STIPULATION AND ORDER: The parties hereby STIPULATE and AGREE as follows: 1. Expert report(s) of the party with the burden of proof shall be served by January 4, 2013. The opposing party's expert report(s) shall be served by February 1, 2013. Rebuttal expert report(s) of the party with the burden of proof shall be served by February 20, 2013. 2. Any deposition of the parties' experts shall be completed by March 22, 2013. 3. Any summary judgment motions shall be filed by April 5, 2013. Responses shall be filed by May 8, 2013. Any replies shall be filed by May 29, 2013. 4. The Case Management Conference currently scheduled for December 17, 2012 at 11:30 am remains as scheduled without prejudice to a renewed application in a status update letter to be submitted on or about December 7, 2012. ( Motions due by 4/5/2013., Responses due by 5/8/2013., Replies due by 5/29/2013.) (Signed by Judge P. Kevin Castel on 10/3/2012) Filed In Associated Cases: 1:09-md-02058-PKC et al.(lmb) (Entered: 10/04/2012)
MEMO ENDORSEMENT on (734 in 1:09-md-02058-PKC) Notice (Other) filed by Kenneth A. Lewis, Kenneth D. Lewis. Application granted as to Mr. Ware. SO ORDERED. Attorney David C. Ware terminated. (Signed by Judge P. Kevin Castel on 9/28/2012) Filed In Associated Cases: 1:09-md-02058-PKC et al.(ft) (Entered: 10/01/2012)
ENDORSED LETTER addressed to Judge P. Kevin Castel, from Michael Tremonte dated 9/27/2012 re: Counsel request an additional week, until next Friday, October 5, 2012, to respond to defendants' September 13, 2012 letter requesting a pre-motion conference for defendants' intended motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6), 9(b) and 23.2. ENDORSEMENT: Application granted. (Signed by Judge P. Kevin Castel on 9/27/2012) Filed In Associated Cases: 1:09-md-02058-PKC, 1:12-cv-05210-PKC(jfe) (Entered: 09/27/2012)
NOTICE of Withdrawal of Attorney David C Ware. Document filed by Kenneth D. Lewis, Kenneth D. Lewis, Kenneth A. Lewis. Filed In Associated Cases: 1:09-md-02058-PKC et al.(Ware, David) (Entered: 09/27/2012)
ENDORSED LETTER addressed to Judge P. Kevin Castel from Robert N. Kaplan, Max W. Berger, Gregory M. Castaldo dated 9/26/2012 re: plaintiffs respectfully request a three-day extension of this deadline to Wednesday, October 3, 2012. ENDORSEMENT: Application Granted. SO ORDERED., ( Pretrial Order due by 10/3/2012.) (Signed by Judge P. Kevin Castel on 9/26/2012) (ama) (Entered: 09/26/2012)
ENDORSED LETTER: addressed to Judge P. Kevin Castel from Daniel P. Chiplock dated 9/25/2012 re: Counsel for Plaintiffs write to request that Your honor indicate that the above captioned action is exempt from the Pilot Project Standing Order, and that the case instead remains subject to the deadlines and directives contained both in the Scheduling Order generally applicable to the Individual Actions and (to the extent consistent with the Scheduling Order) the Court's Individual Rules of Practice. Should Your Honor determine, however, that the Pilot Project Standing Order is applicable to this action, the parties jointly request an extension of time to and including October 19, 2012 for submission of their Joint Preliminary Trial Report. ENDORSEMENT: Application granted. So Ordered. (Signed by Judge P. Kevin Castel on 9/25/2012) Filed In Associated Cases: 1:09-md-02058-PKC, 1:11-cv-07779-PKC(js) (Entered: 09/26/2012)
REVISED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This order amends the previous scheduling order entered by this Court on May 30, 2012, and modified on June 29, 2012 and July 20, 2012. The parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. section 636(c). Each Individual Action is to be tried to a jury; The pre-motion conference is waived for any summary judgment motions filed by the parties after the close of fact discovery provided such motions are filed no later than December 20, 2012. Responses are due by January 18, 2013. Any replies are due by February 6, 2013. Deposition due by 12/21/2012. Expert Discovery due by 12/21/2012. Case Management Conference set for 12/17/2012 at 11:30 AM before Judge P. Kevin Castel. This Civil Case Management Plan and Scheduling Order applies to all Individual Actions, except, with respect to paragraphs 7(b) and 10, to Schwab S&P 500 Index Fund, et at. v. Bank of America Corp. et al., No. ll-cv-7779. (Signed by Judge P. Kevin Castel on 9/24/2012) Filed In Associated Cases: 1:09-md-02058-PKC et al.(djc) (djc). Modified on 9/25/2012 (djc). Modified on 10/1/2012 (djc). (Entered: 09/25/2012)
STIPULATION AND ORDER: 1. Expert report(s) of the party with the burden of proof shall be served by October 5, 2012. The opposing party's expert report(s) shall be served by November 2, 2012. Rebuttal expert report(s) of the party with the burden of proof shall be served by November 21, 2012. 2. Any deposition of the parties' expert shall be completed by December 21, 2012. 3.The other deadlines in the Revised Civil Case Management Plan and Scheduling Order, entered July 20, 2012 (the "Revised Civil Case Management Plan and Scheduling Order"), will remain the same. 4. The parties agree to move that this Court amend the Revised Civil Case Management Plan and Scheduling Order to extend the agreed-upon deadlines, as reflected in the attached Proposed Revised Civil Case Management Plan and Scheduling Order. ( Deposition due by 12/21/2012.) (Signed by Judge P. Kevin Castel on 9/24/2012) Filed In Associated Cases: 1:09-md-02058-PKC et al.(djc) Modified on 10/1/2012 (djc). (Entered: 09/25/2012)
ENDORSED LETTER addressed to Judge P. Kevin Castel from Frederic S. Fox, Steven Singer, David Kessler dated 9/20/2012 re: Plaintiffs respectfully request a one-week extension of the deadline for final pre-trial submissions to Friday, September 28. ENDORSEMENT: Application granted as to all parties. So ordered. (Final Pretrial Order due by 9/28/2012.) (Signed by Judge P. Kevin Castel on 9/20/2012) (rjm) (Entered: 09/21/2012)
ENDORSED LETTER addressed to Judge P Kevin Castel from Jay Cohen dated 9/19/2012 re: The parties jointly request an extension of the 25 page limit on memoranda of law and request for a two week extension to file a fully briefed motion to exclude the testimony of plaintiffs' expert Stephen Choi from 9/21 to 10/5/2012 and as further set forth in this document. ENDORSEMENT: Application and schedule approved. ( Motions due by 10/5/2012.) (Signed by Judge P. Kevin Castel on 9/19/2012) (cd) (Entered: 09/20/2012)
727
Filed: 9/20/2012, Entered: 9/20/2012
Endorsed Letter
ENDORSED LETTER addressed to Judge P Kevin Castel from Justin M Sher dated 9/19/2012 re: Request to have until 9/28/2012 to submit a supplemental response. ENDORSEMENT: Application granted. Premotion conference request will be taken up at the 10/15 conference. (Signed by Judge P. Kevin Castel on 9/19/2012) Filed In Associated Cases: 1:09-md-02058-PKC, 1:12-cv-05210-PKC(cd) Modified on 9/25/2012 (cd). (Entered: 09/20/2012)
ENDORSED LETTER addressed to Judge P Kevin Castel from Michael A Schwartz dated 9/12/2012 re: Ms. Rothbaum respectfully renews her request that the Court order the New York Plaintiffs to produce any mediation statement provided to the mediator in the Consolidated Derivative Action and/or shared with counsel for the defendants. ENDORSEMENT: Relates to Derivative Action. Ms. Rothbaum is not a party to this action and has been denied intervention status. She may be heard in the objection process and not before. See order of 5/14/2012 and 8/3/2012. (Signed by Judge Paul A. Crotty on 9/18/2012) (cd) (Entered: 09/20/2012)
STIPULATION OF VOLUNTARY PARTIAL DISMISSAL: IT IS HEREBY STIPULATED AND AGREED by and among Plaintiffs, the Bank Defendants, the Merrill Defendants, and defendant John A. Thain: Pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure ("Rule 41(a)(1)"), Plaintiffs dismiss, with prejudice, their claims under Sections 11, 12(a)(2), and 15 of the Securities Act of 1933,15 U.S.C. § 771, el seq; Defendants Banc of America Securities, LLC and Merrill Lynch. Pierce, Fenner & Smith Incorporated are dismissed from the action, with prejudice. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/30/2012) Filed In Associated Cases: 1:09-md-02058-PKC, 1:09-cv-10077-PKC(ama) (Entered: 08/30/2012)
NOTICE of Agreement to be Bound by Stipulation and Order and Related Documents Governing the Production and Exchange of Confidential Materials. Document filed by Steve R. Graber(as assignee of claims of the SRG 2008 Trust). Filed In Associated Cases: 1:09-md-02058-PKC, 1:11-cv-07070-PKC(Almeida, Jeffrey) (Entered: 08/28/2012)
FOURTH AMENDED CONSOLIDATED COMPLAINT against All Defendants with JURY DEMAND.Document filed by The 1991 Jeffrey R. Parker Family Trust, Elliot Wender, The Jerry E. Finger Family Trust, Keith D. Parker, 1976 Real Estate Trust, Peggy E. Jalenak, Stanley L. Wender, Aaron Katz, The 1997 Jeffrey R. Parker Family Trust, Martin I. Fineberg, Walter Finger, JEF Family Trust, Jill W. Goldstein, DI, Deka International S.A. Luxemburg, Penina Wender, The 1994 Drew E. Parker Family Trust, KERS & Co., Stichting Pensioenfonds ABP, Razelle M. Wender, Leo R. Jalenak, The 1994 Julie P. Mantell Family Trust, Richard Finger, Julie M. Sorin, Jeffrey R. Parker, Finger Interests Number One Ltd., Joel Katz, Michael A. Parker, Mark D. Wender, International Fund Management S.A., Jerry E. Finger, Deka Investment GmbH, The Jerry E. Finger Family Trust D/T/D 12/28/1989, Drew E. Parker.(laq) (Entered: 08/07/2012)
ENDORSED LETTER addressed to Judge P. Kevin Castel from Efrat Pellet dated 8/3/2012 re: Counsel respectfully request permission to file paper copies of documents in the above-referenced consolidated derivative action. ENDORSEMENT: Nancy Rothbaum is not a party to any action before this Court. She has a right to be heard in the final approval process and not otherwise. The seemingly modest request made by Mr. Pellet would be tantamount granting the motion to intervene which I have already denied. Application DENIED. (Signed by Judge P. Kevin Castel on 8/3/2012) (jfe) Modified on 8/13/2012 (jfe). (Entered: 08/03/2012)
ORDER: Nancy Rothbaum, a shareholder of Bank of America Corporation ("BofA") has submitted what she has styled a "Motion" to reconsider this Court's Order granting preliminary approval of a proposed settlement of the Consolidated Derivative Actions. Ms. Rothbaum is not a party to any proceeding before the Court. The Order granting preliminary approval provides for a mechanism for shareholders, such as Ms. Rothbaum, to file an objection before final approval. A final approval hearing is set for January 11, 2013 at 11:30 a.m. (Order of July 13, 2012, Docket # 690.) There is no procedure under Rule 23.1, Fed. R. Civ. P., for individual shareholders to object to preliminary approval. That said, I have read and considered Ms. Rothbaum's July 17, 2012 memorandum in support of her objection, as well as her declaration and that of Michael Schwartz in support of the objection. Preliminary approval is not an empty act and this Court would not grant preliminary approval of a settlement which on its face was inadequate or collusive or as to which the proposed notice or method of notice was inadequate. However, on the record at this stage, the Court has found no facially inadequacy in the proposed settlement and there are no apparent defects in the proposed notice. The matter may look differently when the Court has had a full opportunity to consider which elements of damages are recoverable against the individual defendants in a derivative suit on behalf of the corporation, as distinguished from a suit by shareholders against the individual defendants. By the time of the settlement hearing, the Court will also have a better sense of the strength of the derivative claims through the trial of the securities claims in the class action. It will have the benefit of hearing from all shareholders in the final approval process. If Nancy Rothbaum had standing to object to preliminary approval and/or move to reconsider the grant of preliminary approval, an issue I need not decide, I would nevertheless adhere to the order granting preliminary approval and setting a schedule for final approval. She is welcome to file an objection to the settlement in connection with the final approval process. (Signed by Judge P. Kevin Castel on 8/2/2012) Filed In Associated Cases: 1:09-md-02058-PKC et al.(jfe) (Entered: 08/03/2012)
720
Filed: 8/3/2012, Entered: 8/3/2012
Order
ORDER: I have the letter of defendant Bank of America ("BofA") and certain individual defendants dated June 29, 2012, the response of plaintiffs in the above matters dated July 18, 2012 and the reply of defendants dated July 25, 2012. The letters describe a discovery dispute among the parties, specifically related to the scope of permissible discovery of the plaintiffs in the individual actions. Familiarity with the content of those letters is assumed. I will note at the outset that the sole issue is the scope of permissible discovery. That discovery is allowed on an issue does not foreclose the Court from having a different view of admissibility at the motion in limine stage. Set forth within this Order are the Court's rulings. The documents as to which production has been required in this Order shall be produced by September 14, 2012. (Signed by Judge P. Kevin Castel on 8/3/2012) Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC, 1:10-cv-05563-PKC, 1:11-cv-07070-PKC, 1:11-cv-07779-PKC(jfe) (Entered: 08/03/2012)
AMENDED COMPLAINT against Bank of America, Neil A. Cotty, Kenneth D. Lewis, Merrill Lynch & Co., Inc., Joseph L. Price, John A. Thain with JURY DEMAND.Document filed by Schwab Markettrack Growth Portfolio, Schwab Institutional Select S&P 500 Fund, Schwab Total Stock Market Index Fund, Schwab 1000 Index Fund, Schwab Financial Services Fund, Schwab Premier Equity Fund, Schwab Capital Trust, Schwab Core Equity Fund, Schwab Fundamental US Large Company Index Fund, Schwab Dividend Equity Fund, Schwab S&P 500 Index Fund, Schwab S&P 500 Index Portfolio, Schwab Investments, Schwab Markettrack Balanced Portfolio. (Also docketed in 11-cv-7779 as doc #70)(lmb) Modified on 8/2/2012 (lmb). (Entered: 08/02/2012)
JOINT MEMORANDUM OF LAW in Opposition re: 716 MOTION for Reconsideration. of Order Setting Schedule and Preliminarily Approving Proposed Settlement. Document filed by William Barnet III, Frank P. Bramble, Sr., John T. Collins, Gary L. Countryman, Tommy R. Franks, Charles K. Gifford, Hollywood Police Officers' Retirement System, Kenneth D. Lewis, Louisiana Municipal Police Employees Retirement System, Monica C. Lozano, Walter E. Massey, Thomas J. May, Patricia E. Mitchell, Thomas M. Ryan, O. Temple Sloan, Jr., Meredith R. Spangler, Robert L. Tillman, Jackie M. Ward. (Myers, Albert) (Entered: 08/01/2012)
MEMORANDUM OF LAW in Support re: 716 NOTICE OF MOTION for Reconsideration of Order Setting Schedule and Preliminarily Approving Proposed Settlement. Document filed by Nancy Rothbaum. (lmb) (Entered: 08/01/2012)
NOTICE OF MOTION for Reconsideration of Order Setting Schedule and Preliminarily Approving Proposed Settlement. Document filed by Nancy Rothbaum.(lmb) (Entered: 08/01/2012)
STIPULATION AND ORDER: NOW THEREFORE, Plaintiffs and Defendants hereby STIPULATE and AGREE as follows: Plaintiffs may amend their complaint to add solely the additional allegations contained in the proposed Fourth Amended Complaint provided to Defendants on July 12, 2012 by plaintiffs in Stichting Pensioenfonds ABP, et al. v. Bank of America Corp, et al., No. 10-cv-2284 (PKC) within four (4) days after the Court's decision (including any opinion and order) on the Lead Plaintiffs' motion for partial summary judgment filed in the Class Action; Defendants' time to answer or otherwise respond to any amended complaint filed by Plaintiffs shall be twenty (20) days following such filing by Plaintiffs in the above-referenced action; and All other provisions of the Scheduling Order entered on July 20, 2012 shall remain unchanged in the above-referenced action. SO ORDERED. SO ORDERED. (Signed by Judge P. Kevin Castel on 7/26/2012) (ama) (Entered: 07/27/2012)
STIPULATION OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE: WHEREAS, Bahnmaier's remaining claims against the Bank Defendants and Defendant Jonathan A. Thain ("Thain") are asserted in the securities class action in File No. 09 MDL 2058; IT IS HEREBY STIPULATED AND AGREED by and among Plaintiff Michael Bahnmaier, Bank Defendants, and Thain, that: (1) Bahnmaier dismisses his remaining claims asserted individually in Case No. 09 Civ. 5411 (PKC); (2) This voluntary dismissal has no impact on Bahnmaier's rights or remedies in the class action; and (3) Each party is to bear his or its own fees and expenses in relation to these claims. (Signed by Judge P. Kevin Castel on 7/25/2012) Filed In Associated Cases: 1:09-md-02058-PKC, 1:09-cv-05411-PKC(djc) (Entered: 07/25/2012)
NOTICE OF APPEARANCE by Brian Marc Burnovski on behalf of William Barnet III, Frank P. Bramble, Sr., Virgis W. Colbert, John T. Collins, Neil A. Cotty, Gary L. Countryman, Charles K. Gifford, Kenneth D. Lewis, Monica C. Lozano, Walter E. Massey, Thomas J. May, Brian T. Moynihan, Joe L. Price, Charles O. Rossotti, Thomas M. Ryan, Mukesh D. Ambani, William Barnet, III, Susan S. Bies, William P. Boardman, Frank P. Bramble, Sr, Virgis W. Colbert, Charles O. Holliday, Jr, D. Paul Jones, Monica C Lozano, Donald E. Powell, Robert W. Scully Filed In Associated Cases: 1:09-md-02058-PKC, 1:12-cv-04568-PKC(Burnovski, Brian) (Entered: 07/25/2012)
NOTICE OF APPEARANCE by Charles S. Duggan on behalf of William Barnet III, Frank P. Bramble, Sr., Virgis W. Colbert, John T. Collins, Neil A. Cotty, Gary L. Countryman, Charles K. Gifford, Kenneth D. Lewis, Monica C. Lozano, Walter E. Massey, Thomas J. May, Brian T. Moynihan, Charles O. Rossotti, Thomas M. Ryan, Mukesh D. Ambani, William Barnet, III, Susan S. Bies, William P. Boardman, Frank P. Bramble, Sr, Virgis W. Colbert, Charles O. Holliday, Jr, D. Paul Jones, Monica C Lozano, Donald E. Powell, Joe L. Price, Robert W. Scully Filed In Associated Cases: 1:09-md-02058-PKC, 1:12-cv-04568-PKC(Duggan, Charles) (Entered: 07/25/2012)
NOTICE OF APPEARANCE by Lawrence Jay Portnoy on behalf of William Barnet III, Frank P. Bramble, Sr., Virgis W. Colbert, John T. Collins, Neil A. Cotty, Gary L. Countryman, Charles K. Gifford, Kenneth D. Lewis, Monica C. Lozano, Walter E. Massey, Thomas J. May, Brian T. Moynihan, Joe L. Price, Charles O. Rossotti, Thomas M. Ryan, Mukesh D. Ambani, William Barnet, III, Susan S. Bies, William P. Boardman, Frank P. Bramble, Sr, Virgis W. Colbert, Charles O. Holliday, Jr, D. Paul Jones, Monica C Lozano, Donald E. Powell, Robert W. Scully Filed In Associated Cases: 1:09-md-02058-PKC, 1:12-cv-04568-PKC(Portnoy, Lawrence) (Entered: 07/25/2012)
MANDATE of USCA (Certified Copy) USCA Case Number 12-0664. Petitioners move pursuant to Federal Rule of Civil Procedure 23(f) for leave to appeal the District Court's February 6, 2012 order granting class certification. Upon due consideration, it is hereby ORDERED that the petition is DENIED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/23/2012. (nd) (Entered: 07/23/2012)
STIPULATION AND ORDER: The parties hereby STIPULATE AND AGREE as follows: 1. Plaintiffs may file the Fourth Amended Complaint, as provided to Defendants on July 12, 2012; 2. Defendants' time to answer or otherwise respond to Plaintiffs' Fourth Amended Complaint shall be twenty (20) days following this Court's decision (including any order and opinion) on the Lead Plaintiffs' motion for partial summary judgment, filed on June 3, 2012, in in re Bank of America Corp. Securities, Derivative, and Employee Retirement Income Security Act (ERISA) Litigation, Master File No. 09 MDL 2058 (PKC), Dkt. 589; and 3. The parties agree to move that this Court amend the Revised Civil Case Management Plan and Scheduling Order, entered May 30, 2012, and modified by this Court on June 29, 2012, as reflected in the attached Proposed Revised Civil Case Management Plan and Scheduling Order. (Signed by Judge P. Kevin Castel on 7/20/2012) Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC(lmb) (Entered: 07/20/2012)
708
Filed: 7/20/2012, Entered: None
REVISED CIVIL CASE MANAGEMENT PLAN: The parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. Each Individual Action is to be tried to a jury. Amended Pleadings due by 7/27/2012. Motions due by 12/20/2012. Responses due by 1/18/2013. Replies due by 2/6/2013. Deposition due by 11/27/2012. Fact Discovery due by 9/14/2012. Expert Discovery due by 11/27/2012. Case Management Conference set for 12/17/2012 at 11:30 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 7/20/2012) Filed In Associated Cases: 1:09-md-02058-PKC et al.(lmb) (Entered: 07/20/2012)
ORDER. Within 21 days of this Order, plaintiffs in the derivative action shall provide to Ms. Rothbaums' counsel (1) any expert report served pursuant to Rule 26(a)(2), Fed. R. Civ. P., or (2) any expert report not served but actually shared with the mediator or with counsel for the defendants in the course of negotiations or mediation. Also within 21 days of this Order, each of the plaintiffs in the consolidated derivative action shall provide documents showing their holdings of BofA common stock and purchases or sales of BofA common stock from September 1, 2008 to the date of the application to this Court for preliminary approval of the settlement. All other requested relief is denied. (Signed by Judge P. Kevin Castel on 7/19/2012) Filed In Associated Cases: 1:09-md-02058-PKC et al.(rjm) (Entered: 07/20/2012)
TRUE COPY ORDER of USCA as to 332 Notice of Appeal, filed by Arlene Kahn, Mark Adams, Petra Chatman, Rhonda Wilson, Vernon C. Dailey USCA Case Number 10-3899.The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to Local Rule 42.1.The stipulation is hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 07/19/2012. (nd) (Entered: 07/19/2012)
NANCY ROTHBAUM'S OBJECTION TO JOINT MOTION FOR PRELIMINARY APPROVAL OF PROPOSED SETTLEMENT. Document filed by Efrat Pellet from Horwitz, Horwitz & Paradis, Attorneys at Law. (laq) (Entered: 07/19/2012)
REPLY MEMORANDUM OF LAW in Support re: 611 MOTION for Summary Judgment of Merrill Lynch & Co., Incs and Merrill Lynch, Pierce, Fenner & Smith Incorporated.. Document filed by Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated. (Hakki, Adam) (Entered: 07/17/2012)
DECLARATION of Brian M. Burnovski in Support re: 597 MOTION for Summary Judgment.. Document filed by William Barnet III, Frank P. Bramble, Sr., John T. Collins, Gary L. Countryman, Tommy R. Franks, Charles K. Gifford, Monica C. Lozano, Walter E. Massey, Thomas J. May, Patricia E. Mitchell, Thomas M. Ryan, O. Temple Sloan, Jr., Meredith R. Spangler, Robert L. Tillman, Jackie M. Ward. (Attachments: # 1 Exhibit 61-63)(Burnovski, Brian) (Entered: 07/17/2012)
DECLARATION of Michael Grunfeld in Support re: 606 MOTION for Summary Judgment.. Document filed by Banc of America Securities L.L.C., Bank Of America Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Kramer, Daniel) (Entered: 07/17/2012)
REPLY MEMORANDUM OF LAW in Support re: 606 MOTION for Summary Judgment.. Document filed by Banc of America Securities L.L.C., Bank Of America Corporation. (Kramer, Daniel) (Entered: 07/17/2012)
REPLY MEMORANDUM OF LAW in Support re: 597 MOTION for Summary Judgment.. Document filed by William Barnet III, Frank P. Bramble, Sr., John T. Collins, Gary L. Countryman, Tommy R. Franks, Charles K. Gifford, Monica C. Lozano, Walter E. Massey, Thomas J. May, Patricia E. Mitchell, Thomas M. Ryan, O. Temple Sloan, Jr., Meredith R. Spangler, Robert L. Tillman, Jackie M. Ward. (Portnoy, Lawrence) (Entered: 07/17/2012)
DECLARATION of Melissa Armstrong in Support re: 584 MOTION for Summary Judgment.. Document filed by Joe L. Price. (Attachments: # 1 Exhibit 1 to Armstrong Declaration)(Armstrong, Melissa) (Entered: 07/17/2012)
DECLARATION of Gregory F. Smolar in Support re: 599 MOTION for Summary Judgment.. Document filed by Kenneth D. Lewis. (Smolar, Gregory) (Entered: 07/17/2012)
REPLY MEMORANDUM OF LAW in Support re: 599 MOTION for Summary Judgment. / Reply Memorandum of Law in Support of Kenneth D. Lewis' Motion for Summary Judgment. Document filed by Kenneth D. Lewis. (Ceresney, Andrew) (Entered: 07/17/2012)
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