REPLY MEMORANDUM OF LAW in Support re: (1887 in 1:11-md-02262-NRB, 253 in 1:12-cv-05723-NRB) MOTION to Certify Class . . Document filed by The Berkshire Bank, The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated ). Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB(Lieberman, Jeremy) (Entered: 08/11/2017)
SEALING ORDER: granting (269) Motion to Seal Document in case 1:11-cv-05450-NRB; granting (2169) Motion to Seal Document in case 1:11-md-02262-NRB; granting (298) Motion to Seal Document in case 1:12-cv-05723-NRB.THEREFORE, Defendants' request to file under seal portions of Defendants' Daubert Reply Briefs is GRANTED. Furthermore, Defendants' request for leave to file the sealed version of Defendants' Daubert Reply Briefs using electronic signatures rather than physical signatures is GRANTED, and as further set forth in this order. (Signed by Judge Naomi Reice Buchwald on 8/7/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-05450-NRB, 1:12-cv-05723-NRB (ap) Modified on 8/9/2017 (ap). (Entered: 08/08/2017)
SEALING ORDER: granting (2167) Motion to Seal Document in case 1:11-md-02262-NRB; granting (297) Motion to Seal Document in case 1:12-cv-05723-NRB.THEREFORE, Plaintiffs request to file the Plaintiffs Reply, the Lieberman Reply Deel, the Willig Daubert Reply and the Lieberman Daubert Reply Deel, with redactions and part under seal is GRANTED. Furthermore, Plaintiff's request for leave to file the aforementioned redacted and sealed versions of their filings using electronic signatures rather than physical signatures is GRANTED. (Signed by Judge Naomi Reice Buchwald on 8/7/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB (ap) (Entered: 08/08/2017)
DECLARATION of Jeremy A. Lieberman in Support re: (269 in 1:12-cv-05723-NRB, 2011 in 1:11-md-02262-NRB) MOTION in Limine NOTICE OF MOTION TO EXCLUDE THE EXPERT REPORT OF ROBERT D. WILLIG.. Document filed by The Berkshire Bank. (Attachments: # 1 Exhibit 15, # 2 Exhibit 16, # 3 Exhibit 17, # 4 Exhibit 18, # 5 Exhibit 19, # 6 Exhibit 20)Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB(Lieberman, Jeremy) (Entered: 08/04/2017)
REPLY MEMORANDUM OF LAW in Support re: (269 in 1:12-cv-05723-NRB, 2011 in 1:11-md-02262-NRB) MOTION in Limine NOTICE OF MOTION TO EXCLUDE THE EXPERT REPORT OF ROBERT D. WILLIG. . Document filed by The Berkshire Bank. Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB(Lieberman, Jeremy) (Entered: 08/04/2017)
FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 2222 Reply) - REPLY MEMORANDUM OF LAW in Support re: (1887 in 1:11-md-02262-NRB, 253 in 1:12-cv-05723-NRB) MOTION to Certify Class . . Document filed by The Berkshire Bank. Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB(Lieberman, Jeremy) Modified on 8/14/2017 (db). (Entered: 08/04/2017)
REPLY MEMORANDUM OF LAW in Support re: (2021 in 1:11-md-02262-NRB, 273 in 1:12-cv-05723-NRB) JOINT MOTION in Limine / Defendants' Notice of Motion to Exclude the Testimony of Robert Ivory Webb Ph.D.. [REDACTED]. Document filed by Bank of America Corporation, Bank of America N.A., Citibank N.A., Citigroup Inc., JPMorgan Chase & Co., JPMorgan Chase Bank, National Association, Bank Of America Corporation, Bank of America, N.A., Citigroup, Inc., J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A., UBS AG. Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB(Burke, Arthur) (Entered: 08/04/2017)
LETTER MOTION to Seal Document addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated August 4, 2017. Document filed by Bank Of America Corporation, Bank of America, N.A., Citibank, N.A., Citigroup Inc., Credit Suisse AG, Deutsche Bank AG, J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A., Royal Bank of Canada, UBS AG. (Attachments: # 1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-05450-NRB, 1:12-cv-05723-NRB(Burke, Arthur) (Entered: 08/04/2017)
LETTER MOTION to Seal Document addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated 08/04/2017. Document filed by The Berkshire Bank. (Attachments: # 1 Text of Proposed Order Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB(Lieberman, Jeremy) (Entered: 08/04/2017)
MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF ATTORNEY AND WITHDRAWAL FROM ELECTRONIC NOTIFICATION: Request is hereby made by Jeffrey A. Shooman, Esq., former counsel for 33-35 Green Pond Road Associates in the above-captioned matter, to withdraw from electronic notification in the within case, and it is represented that: I no longer represent my former client in this case, as I am no longer associated with the law firm of Lite DePalma Greenberg LLC, counsel to 33-35 Green Pond Road Associates. I have had no connection with these litigations since September 2015. Therefore, I no longer wish to receive notices in these cases. ENDORSEMENT: SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 8/03/2017) (ama) (Entered: 08/03/2017)
ORDER: granting (2137) Letter Motion for Leave to File Excess Pages in case 1:11-md-02262-NRB; granting (294) Letter Motion for Leave to File Excess Pages in case 1:12-cv-05723-NRB. Application Granted. (Signed by Judge Naomi Reice Buchwald on 7/27/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB (ama) (Entered: 07/27/2017)
LETTER MOTION for Leave to File Excess Pages addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated July 27, 2017. Document filed by The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated), The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated ).Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB(Lieberman, Jeremy) (Entered: 07/27/2017)
SEALING ORDER: granting (2099) Motion to Seal Document in case 1:11-md-02262-NRB; granting (283) Motion to Seal Document in case 1:12-cv-05723-NRB. THEREFORE, Plaintiff's request to file portions of the Lieberman Decl. with redactions and under seal is GRANTED. IT IS SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 7/25/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB (ama) (Entered: 07/25/2017)
SEALING ORDER: granting (611) Motion to Seal Document in case 1:11-cv-02613-NRB; granting (2102) Motion to Seal Document in case 1:11-md-02262-NRB; granting (284) Motion to Seal Document in case 1:12-cv-05723-NRB. THEREFORE, Defendants' request to file under seal portions of the Daubert Oppositions is GRANTED. Furthermore, Defendants' request for leave to file the sealed version of the Daubert Oppositions using electronic signatures rather than physical signatures is GRANTED. IT IS SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 7/25/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB, 1:12-cv-05723-NRB (ama) (Entered: 07/25/2017)
LETTER addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated July 24, 2017 Document filed by The Berkshire Bank, The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated ).Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB(Lieberman, Jeremy) (Entered: 07/24/2017)
DECLARATION of Jeremy A. Lieberman in Opposition re: (2021 in 1:11-md-02262-NRB, 273 in 1:12-cv-05723-NRB) JOINT MOTION in Limine / Defendants' Notice of Motion to Exclude the Testimony of Robert Ivory Webb Ph.D... Document filed by The Berkshire Bank, The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated ). (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)Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB(Lieberman, Jeremy) (Entered: 07/21/2017)
MEMORANDUM OF LAW in Opposition re: (2021 in 1:11-md-02262-NRB, 273 in 1:12-cv-05723-NRB) JOINT MOTION in Limine / Defendants' Notice of Motion to Exclude the Testimony of Robert Ivory Webb Ph.D.. The Berkshire Banks Memorandum of Law in Opposition to Defendants Motion to Exclude the Expert Opinions of Robert I. Webb. Document filed by The Berkshire Bank, The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated ). Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB(Lieberman, Jeremy) (Entered: 07/21/2017)
MEMORANDUM OF LAW in Opposition re: (269 in 1:12-cv-05723-NRB, 2011 in 1:11-md-02262-NRB) MOTION in Limine NOTICE OF MOTION TO EXCLUDE THE EXPERT REPORT OF ROBERT D. WILLIG. Defendants' Memorandum in Opposition to the Berkshire Bank's Motion to Exclude the Expert Report of Robert D. Willig. Document filed by Bank of America Corporation, Bank of America N.A., Citibank N.A., Citigroup Inc., JPMorgan Chase & Co., UBS AG, JPMorgan Chase Bank N.A.. Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB(Isaacson, Thomas) (Entered: 07/21/2017)
LETTER addressed to Judge Naomi Reice Buchwald from Thomas A. Isaacson dated July 21, 2017 re: Outline of Substantive Arguments in Defendants' Memorandum in Opposition to The Berkshire Bank's Motion to Exclude the Expert Report of Robert D. Willig. Document filed by Citibank N.A., Citigroup Inc..Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB(Isaacson, Thomas) (Entered: 07/21/2017)
LETTER MOTION to Seal Document addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated July 21, 2017. Document filed by Bank of America Corporation, Bank of America, N.A., Citibank NA, Citigroup Inc., J.P. Morgan Chase & Co., JP Morgan Chase Bank, N.A., UBS AG, Bank of America Corporation, Bank of America N.A., Citibank N.A., Citigroup Inc., JPMorgan Chase & Co., JPMorgan Chase Bank, National Association, Bank of America Corporation, Bank of America, N.A., Citibank, N.A., Citigroup Inc, JPMorgan & Co., JPMorgan Chase Bank N.A.. (Attachments: # 1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB, 1:12-cv-05723-NRB(Burke, Arthur) (Entered: 07/21/2017)
LETTER MOTION to Seal Document addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated 07/21/2017. Document filed by The Berkshire Bank. (Attachments: # 1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB(Lieberman, Jeremy) (Entered: 07/21/2017)
ORDER: On February 23, 2016, this Court so-ordered a Proposed Joint Discovery Scheduling Order that set August 5, 2017 as the deadline for Class Plaintiffs' reply briefs on their motions for class certification. August 5, 2017 is a Saturday, and the Court did not intend to agree to a Saturday deadline. The Court orders that the Class Plaintiffs' replies and all other briefs due on that date, such as defendants' replies on their motions in limine -- are due on Friday, August 4, 2017. SO ORDERED., ( Replies due by 8/4/2017.) (Signed by Judge Naomi Reice Buchwald on 7/11/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB, 1:11-cv-05450-NRB, 1:12-cv-05723-NRB(ama) (Entered: 07/11/2017)
SEALING ORDER: re: (267 in 1:12-cv-05723-NRB, 2006 in 1:11-md-02262-NRB) Letter,,filed by The Berkshire Bank. THEREFORE, Plaintiff's request to file part of the Plaintiff's Motion and Lieberman Decl. with redactions and part under seal is GRANTED. Furthermore, Plaintiff's request for leave to file the redacted and sealed versions of Plaintiff's Motion and the Lieberman Decl. using electronic signatures rather than physical signatures is GRANTED. This document supersedes Doc. 2007. IT IS SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 7/05/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB(ama) (Entered: 07/06/2017)
ORDER: re: (1984 in 1:11-md-02262-NRB) Letter filed by Bank of Tokyo-Mitsubishi UFJ Ltd. The application is denied without prejudice substantially for the reasons set forth in the Dismissed Defendants' letter, ECF No. 1984. And as set forth herein. (Signed by Judge Naomi Reice Buchwald on 7/05/2017) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ama) (Entered: 07/06/2017)
JOINT MEMORANDUM OF LAW in Opposition re: (1904 in 1:11-md-02262-NRB) MOTION to Certify Class and Appoint Class Counsel., (1887 in 1:11-md-02262-NRB, 253 in 1:12-cv-05723-NRB) MOTION to Certify Class ., (522 in 1:11-cv-02613-NRB, 1885 in 1:11-md-02262-NRB) MOTION to Certify Class . Defendants' Joint Memorandum of Law on Upstream Issues in Opposition to Plaintiffs' Motions for Class Certification. Document filed by Bank of America Corporation, Bank of America, N.A., Citibank, N.A., Citigroup Inc, Credit Suisse (USA) Inc., Credit Suisse AG, Deutsche Bank AG, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Royal Bank of Canada, UBS AG. Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB, 1:12-cv-05723-NRB(Isaacson, Thomas) (Entered: 06/30/2017)
LETTER addressed to Judge Naomi Reice Buchwald from Thomas A. Isaacson dated June 30, 2017 re: Outline of Substantive Arguments on Upstream Issues in Opposition to Plaintiffs' Motions for Class Certification. Document filed by Bank of America Corporation, Bank of America, N.A., Citibank, N.A., Citigroup Inc, Credit Suisse (USA) Inc., Credit Suisse AG, Deutsche Bank AG, JPMorgan Chase & Co, JPMorgan Chase Bank N.A., Royal Bank of Canada, UBS AG.Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB, 1:12-cv-05723-NRB(Isaacson, Thomas) (Entered: 06/30/2017)
LETTER addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated 6/30/2017 re: outline of substantive argument. Document filed by Bank Of America Corporation, Bank of America, N.A., Citibank, N.A., Citigroup Inc., JP Morgan Chase & Co., JPMorgan Chase Bank N.A., UBS AG.Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB(Burke, Arthur) (Entered: 06/30/2017)
JOINT MEMORANDUM OF LAW in Opposition re: (1887 in 1:11-md-02262-NRB, 253 in 1:12-cv-05723-NRB) MOTION to Certify Class . / Defendants' Joint Memorandum on "Downstream" Issues in Opposition to Lender Plaintiffs' Motion for Class Certification and in Support of Defendants' Motion to Exclude the Testimony of Robert Ivory Webb Ph.D.. Document filed by Bank Of America Corporation, Bank of America, N.A., Citibank, N.A., Citigroup Inc., JP Morgan Chase & Co., JPMorgan Chase Bank N.A., UBS AG. Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB(Burke, Arthur) (Entered: 06/30/2017)
JOINT MOTION in Limine / Defendants' Notice of Motion to Exclude the Testimony of Robert Ivory Webb Ph.D.. Document filed by Bank Of America Corporation, Bank of America, N.A., Citibank, N.A., Citigroup Inc., JP Morgan Chase & Co., JPMorgan Chase Bank N.A., UBS AG.Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB(Burke, Arthur) (Entered: 06/30/2017)
LETTER addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated June 30, 2017 re: to summarize the arguments advanced in The Berkshire Banks Memorandum of Law in Support of Motion to Exclude the Expert Report of Robert D. Willig. ECF No. 2012. Document filed by The Berkshire Bank, The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated ).Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB(Lieberman, Jeremy) (Entered: 06/30/2017)
DECLARATION of Jeremy A. Lieberman in Support re: (269 in 1:12-cv-05723-NRB) MOTION in Limine NOTICE OF MOTION TO EXCLUDE THE EXPERT REPORT OF ROBERT D. WILLIG.. Document filed by The Berkshire Bank, The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated ). (Attachments: # 1 Exhibit 1 - Under Seal, # 2 Exhibit 2 - Under Seal, # 3 Exhibit 3 - Under Seal, # 4 Exhibit 4 - Under Seal, # 5 Exhibit 5 - Under Seal, # 6 Exhibit 6 - Under Seal, # 7 Exhibit 7 - Under Seal, # 8 Exhibit 8 - Under Seal, # 9 Exhibit 9 - Under Seal, # 10 Exhibit 10 - Under Seal, # 11 Exhibit 11 - Under Seal, # 12 Exhibit 12 - Under Seal, # 13 Exhibit 13 - Under Seal, # 14 Exhibit 14 - Under Seal)Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB(Lieberman, Jeremy) (Entered: 06/30/2017)
MEMORANDUM OF LAW in Support re: (269 in 1:12-cv-05723-NRB) MOTION in Limine NOTICE OF MOTION TO EXCLUDE THE EXPERT REPORT OF ROBERT D. WILLIG. . Document filed by The Berkshire Bank, The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated ). Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB(Lieberman, Jeremy) (Entered: 06/30/2017)
MOTION in Limine NOTICE OF MOTION TO EXCLUDE THE EXPERT REPORT OF ROBERT D. WILLIG. Document filed by The Berkshire Bank, The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated ).Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB(Lieberman, Jeremy) (Entered: 06/30/2017)
SEALING ORDER: THEREFORE, Plaintiff's request to file part of the Plaintiff's Motion and Lieberman Decl. with redactions and part under seal is GRANTED. Furthermore, Plaintiff's request for leave to file the redacted and sealed versions of Plaintiff's Motion and the Lieberman Decl. using electronic signatures rather than physical signatures is GRANTED. This sealing order will expire in 14 days unless extended by Judge Buchwald upon a showing that the standards in Lugosch v. Pyramid have been satisfied. IT IS SO ORDERED. (Signed by Judge P. Kevin Castel Part I on 6/30/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB(ama) (Entered: 06/30/2017)
LETTER addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated June 30, 2017 re: to request permission to file Plaintiffs motion to exclude the expert opinion of Robert D. Willig (Plaintiffs Motion) with redactions. We also respectfully request permission to file under seal certain exhibits to Plaintiffs Motion (together the Lieberman Decl.). Document filed by The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated), The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated ). (Attachments: # 1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB(Lieberman, Jeremy) (Entered: 06/30/2017)
SEALING ORDER in case 1:11-cv-02613-NRB; granting (2002) Motion to Seal Document in case 1:11-md-02262-NRB. Defendants' request to file under seal portions of the Defendants' Opposition is GRANTED. Furthermore, Defendants' request to leave to file the sealed version of Defendants' Opposition using electronic signatures rather than physical signatures is GRANTED. IT IS SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 6/29/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB, 1:11-cv-05450-NRB, 1:12-cv-05723-NRB (anc) Modified on 6/30/2017 (anc). (Entered: 06/29/2017)
ORDER: The Court requests the receipt of three unredacted courtesy copies of all papers already submitted and to be submitted in connection with the motions for class certification. Courtesy copies should indicate the corresponding docket entry number on at least the first page of each document; however, such notation on individual exhibits is not required. The Court further requests that each expert report and memorandum of law be bound as a standalone document. The Court would be grateful for the re-submission, to the extent necessary, of any courtesy copies already delivered. (Signed by Judge Naomi Reice Buchwald on 6/29/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB, 1:11-cv-05450-NRB, 1:12-cv-05723-NRB(ama) (Entered: 06/29/2017)
LETTER MOTION to Seal Document addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated 6/29/2017. Document filed by Bank Of America Corporation, Bank of America, N.A., Citibank, N.A., Citigroup Inc., Credit Suisse AG, Deutsche Bank AG, JP Morgan Chase & Co., JPMorgan Chase Bank N.A., Royal Bank of Canada, UBS AG. (Attachments: # 1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB, 1:11-cv-05450-NRB, 1:12-cv-05723-NRB(Burke, Arthur) (Entered: 06/29/2017)
MEMO ENDORSEMENT: on re: (1985 in 1:11-md-02262-NRB, 262 in 1:12-cv-05723-NRB) Letter filed by The Berkshire Bank. Motions due by 6/30/2017., Responses due by 7/21/2017, Replies due by 8/5/2017. ENDORSEMENT: SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 6/26/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB(ama) (Entered: 06/26/2017)
LETTER addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated June 19, 2017 re: to request a pre-motion conference to seek leave to file motions. Document filed by The Berkshire Bank, The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated ).Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB(Lieberman, Jeremy) (Entered: 06/19/2017)
LETTER MOTION for Conference addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated June 12, 2017. Document filed by Bank of America Corporation, Bank of America, N.A., Barclays Bank Plc,, J.P. Morgan Chase & Co., JP Morgan Chase Bank, N.A., UBS AG, Bank of America Corporation, Bank of America N.A., Citibank N.A., Citigroup Inc., JPMorgan Chase & Co., JPMorgan Chase Bank, National Association, Bank of America Corporation, Citibank NA, Citigroup Inc., Credit Suisse AG, Deutsche Bank AG, J.P. Morgan Chase & Co., Royal Bank of Canada, Bank Of America Corporation, Bank of America, N.A., Citibank, N.A., J.P. Morgan Chase Bank, N.A..Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB, 1:11-cv-05450-NRB, 1:12-cv-05723-NRB(Burke, Arthur) (Entered: 06/12/2017)
MEMORANDUM: The Court is in receipt of several proposed orders for entry of 54(b) partial final judgment of LIBOR VI. The Court is prepared to sign the proposed order of the OTC plaintiffs (with one edit of personal privilege). See ECF No. 1921. The Court declines to sign any of the other proposed orders. If the plaintiffs in the other cases listed in the appendix wish to submit new orders that parallel the wording of the OTC plaintiffs' order, the Court would be receptive to those submissions. As the Lender Plaintiffs assert no antitrust claims and had no part in LIBOR VI, 54(b) judgment will not be granted to them. (Signed by Judge Naomi Reice Buchwald on 6/8/2017) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ap) (Entered: 06/09/2017)
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Brian Levin to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Gary Francis. (Attachments: # 1 Affidavit Affidavit of Brian Levin, # 2 Supplement Supreme Court of Florida Certificate Of Good Standing, # 3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Braun, Robert) Modified on 5/16/2017 (bcu). (Entered: 05/16/2017)
LETTER addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated 05/05/2017 re: request for a pre-motion conference. Document filed by Government Development Bank for Puerto Rico, The Berkshire Bank.(Lieberman, Jeremy) (Entered: 05/05/2017)
SEALING ORDER: granting (1886) Motion to Seal Document in case 1:11-md-02262-NRB; granting (252) Motion to Seal Document in case 1:12-cv-05723-NRB. THEREFORE, Plaintiff's request to file portions of the Lieberman Decl. under seal is GRANTED. IT IS SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 5/04/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB (ama) Modified on 5/5/2017 (ama). (Entered: 05/05/2017)
LETTER addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated May 4, 2017 re: to summarize the arguments advanced in The Berkshire Banks Memorandum of Law in Support of Class Certification (Plaintiffs Br.). ECF No. 1888. Document filed by The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated ).Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB(Lieberman, Jeremy) (Entered: 05/04/2017)
DECLARATION of Jeremy A. Lieberman in Support re: (253 in 1:12-cv-05723-NRB) MOTION to Certify Class .. Document filed by The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated ). (Attachments: # 1 Exhibit 1 - Declaration of David Lukens, # 2 Exhibit 2 - Profile of Pomerantz LLP, # 3 Exhibit 3 - Under Seal, # 4 Exhibit 4 - Under Seal, # 5 Exhibit 5 - Under Seal)Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB(Lieberman, Jeremy) (Entered: 05/02/2017)
MEMORANDUM OF LAW in Support re: (253 in 1:12-cv-05723-NRB) MOTION to Certify Class . . Document filed by The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated ). Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB(Lieberman, Jeremy) (Entered: 05/02/2017)
MOTION to Certify Class . Document filed by The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated ). (Attachments: # 1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB(Lieberman, Jeremy) (Entered: 05/02/2017)
LETTER MOTION to Seal Document addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated May 2, 2017. Document filed by The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated ). (Attachments: # 1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB(Lieberman, Jeremy) (Entered: 05/02/2017)
MEMO ENDORSEMENT: on re: (1869 in 1:11-md-02262-NRB, 249 in 1:12-cv-05723-NRB) Letter filed by The Berkshire Bank. ENDORSEMENT: Application Denied. (Signed by Judge Naomi Reice Buchwald on 4/27/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB(ama) (Entered: 04/27/2017)
RESPONSE re: (249 in 1:12-cv-05723-NRB, 1869 in 1:11-md-02262-NRB) Letter, . Document filed by Bank of America Corporation, Bank of America N.A., Citibank N.A., Citigroup Inc., JPMorgan Chase & Co., JPMorgan Chase Bank, National Association, UBS AG, Bank Of America Corporation, Bank of America, N.A., Citibank, N.A., Citigroup Inc., J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A.. Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB(Burke, Arthur) (Entered: 04/26/2017)
LETTER addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated April 26, 2017 re: request a pre-motion conference to seek the following extension of certain interim deadlines in the current class certification schedule for the Lender Action. Document filed by The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated ).Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB(Lieberman, Jeremy) (Entered: 04/26/2017)
NOTICE OF APPEARANCE by Edward Fu on behalf of Bank of America Corporation, Bank of America, N.A., Merrill Lynch Capital Services, Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc., Bank of America Corporation, Bank of America, N.A., Bank of America NA, Bank of America Corporation, Bank of America N.A., Bank Of America Corporation, Bank of America Corporation, Bank of America Corporation, Bank of America, N.A., Merrill Lynch & Co., Merrill Lynch Capital Services, Inc., Merrill Lynch International Bank Ltd., Bank of America Corporation, Bank of America Corporation, Banc of America Securities, LLC, MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED F/K/A BANC OF AMERICA SECURITIES LLC, Banc of America Securities LLC, Bank of America Corporation, Merrill Lynch & Co., Merrill Lynch International Bank, Ltd., Bank of America Corporation, Banc of America Securities, LLC. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Fu, Edward) (Entered: 04/19/2017)
NOTICE OF WITHDRAWAL OF COUNSEL: PLEASE TAKE NOTICE that, upon the annexed declaration of Andrew C. Finch, and subject to the approval of the Court, Andrew C. Finch hereby withdraws as counsel for Deutsche Bank AG, Deutsche Bank Financial LLC, DB Group Services (UK) Limited, and Deutsche Bank Securities Inc. in the above-captioned matters. Paul, Weiss, Rifkind, Wharton & Garrison LLP will continue to represent Deutsche Bank AG, Deutsche Bank Financial LLC, DB Group Services (UK) Ltd., and Deutsche Bank Securities Inc. in this proceeding. SO ORDERED. Attorney Andrew Corydon Finch terminated. (Signed by Judge Naomi Reice Buchwald on 4/12/2017) (ama) (Entered: 04/13/2017)
NOTICE OF APPEARANCE by Aidan John Synnott on behalf of Deutsche Bank AG, Deutsche Bank Securities, Inc., Deutsche Bank AG, Deutsche Bank AG, Deutsche Bank Securities Inc., Deutsche Bank AG, Deutsche Bank, AG, Deutsche Bank AG. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Synnott, Aidan) (Entered: 04/10/2017)
NOTICE OF WITHDRAW AL OF APPEARANCE: granting (1836 in case 11-md-2262) Motion to Withdraw as Attorney. The undersigned counsel is no longer associated with the firm of Gibson, Dunn & Crutcher LLP, effective as of March 31, 2017, and hereby requests that the Court withdraw me as counsel for Defendants UBS AG, UBS Securities LLC, and UBS Limited in the above-captioned action. No substitution of counsel is necessary, as UBS AG, UBS Securities LLC, and UBS Limited continue to be represented in this action by attorneys of record from Gibson, Dunn & Crutcher LLP. UBS AG, UBS Securities LLC, and UBS Limited are aware of and consent to the withdrawal. SO ORDERED. Attorney Joel Steven Sanders terminated in case 1:11-md-02262-NRB. (Signed by Judge Naomi Reice Buchwald on 4/06/2017) Filed In Associated Cases: 1:11-md-02262-NRB et al. (ama) (Entered: 04/06/2017)
NOTICE OF APPEARANCE by Patrick Wyatt Blakemore on behalf of Bank of America Corporation, Bank of America, N.A., Merrill Lynch Capital Services, Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc., Bank of America Corporation, Bank of America, N.A., Bank of America NA, Bank of America Corporation, Bank of America N.A., Bank Of America Corporation, Bank of America Corporation, Bank of America Corporation, Bank of America, N.A., Merrill Lynch & Co., Merrill Lynch Capital Services, Inc., Merrill Lynch International Bank Ltd., Bank of America Corporation, Bank of America Corporation, Bank of America LLC, Merrill Lynch International, Banc of America Securities, LLC, MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED F/K/A BANC OF AMERICA SECURITIES LLC, Banc of America Securities LLC, Bank Of America Securities LLC, Bank of America Corp., Bank of America Corporation, Merrill Lynch & Co., Merrill Lynch International Bank, Ltd., Bank of America Corporation, Banc of America Securities, LLC. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Blakemore, Patrick) (Entered: 03/13/2017)
NOTICE OF APPEARANCE by Peter John Davis on behalf of Bank of America Corporation, Bank of America, N.A., Merrill Lynch Capital Services, Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc., Bank of America Corporation, Bank of America, N.A., Bank of America NA, Bank of America Corporation, Bank of America N.A., Bank Of America Corporation, Bank of America Corporation, Bank of America Corporation, Bank of America, N.A., Merrill Lynch & Co., Merrill Lynch Capital Services, Inc., Merrill Lynch International Bank Ltd., Bank of America Corporation, Bank of America Corporation, Merrill Lynch International, Banc of America Securities, LLC, MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED F/K/A BANC OF AMERICA SECURITIES LLC, Banc of America Securities LLC, Bank Of America Securities LLC, Bank of America Corp., Bank of America Corporation, Bank of America, N.A., Merrill Lynch & Co., Merrill Lynch International Bank, Ltd., Bank of America Corporation, Banc of America Securities, LLC. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Davis, Peter) (Entered: 03/13/2017)
MEMORANDUM AND ORDER: The Lender Plaintiffs (Berkshire Bank and Government Development Bank of Puerto Rico) requested that the Court enter partial final judgment in their cases pursuant to Rule 54(b) or, in the alternative, certify the Court's rulings for interlocutory appeal pursuant to 28 U.S.C. § 1292 (b). ECF No. 1773. The application is denied "in the interest of sound judicial administration" and because the criteria for Section 1292(b) certification have not been met. See also Burke Letter, ECF No. 1795. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 3/08/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB(ama) (Entered: 03/09/2017)
LETTER addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated March 3, 2017 re: Response to the Lender Plaintiffs' Letter dated February 16, 2017 [ECF No. 1773]. Document filed by BBA Enterprises Ltd., BBA Libor Ltd., Bank of America Corporation, Bank of America N.A., Bank of Tokyo Mitsubishi UFJ Ltd., Barklays Bank Plc, British Bankers' Association, Citibank N.A., Citigroup Inc., Cooperative Centrale Raiffeisenboerenleenbank B.A., Credit Suisse Group AG, Deutsche Bank AG, HBOS Plc., HSBC Bank Plc., HSBC Holdings plc., JPMorgan Chase & Co., JPMorgan Chase Bank, National Association, Lloyds Banking Group plc., Royal Bank of Canada, The Norinchukin Bank, The Royal Bank of Scotland Group Plc., UBS AG, WestLB AG, Westdeutsche Immobilienbank AG, BBA Enterprises, Ltd., BBA Libor, Ltd., Bank Of America Corporation, Bank of America, N.A., Bank of Tokyo-Mitsubishi UFJ Ltd, Barclays Bank PLC, British Bankers Association, Citigroup Inc., Cooperative Centrale Raiffeisenboernleenbank B.A., HBOS PLC, HSBC Bank PLC, HSBC Holdings PLC, JPMorgan Chase Bank National Association, Lloyds Banking Group PLC, The Royal Bank of Scotland Group PLC.Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB(Burke, Arthur) (Entered: 03/03/2017)
LETTER MOTION to Seal Document (1775 in 1:11-md-02262-NRB) LETTER MOTION to Compel JP Morgan Chase Bank, N.A. to produce additional documents and provide a privilege log addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated February 24, 2017. addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated February 24, 2017. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: # 1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 02/24/2017)
LETTER MOTION to Compel JP Morgan Chase Bank, N.A. to produce additional documents and provide a privilege log addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated February 24, 2017. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: # 1 Exhibit A, # 2 Exhibit B - Filed Separately Under Seal, # 3 Exhibit C - Filed Separately Under Seal, # 4 Exhibit D - Filed Separately Under Seal, # 5 Exhibit E - Filed Separately Under Seal, # 6 Exhibit F - Filed Separately Under Seal)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 02/24/2017)
ORDER on MOTION FOR LEAVE TO WITHDRAW AS COUNSEL: in case 1:11-cv-02613-NRB; granting (1765 in case 11-md-2262) Motion to Withdraw as Attorney. Pursuant to Local Civil Rule 1.4, JPMorgan Chase & Co. and JPMorgan Chase Bank, N.A. (collectively, "JPMorgan"), by and through its counsel Simpson Thacher & Bartlett LLP, respectfully requests the withdrawal of the appearance of Elizabeth J. Shutkin as counsel for JPMorgan in the above-referenced action. SO ORDERED. Attorney Elizabeth Jane Shutkin terminated in case 11cv2613 and 1:11-md-02262-NRB. (Signed by Judge Naomi Reice Buchwald on 2/08/2017) Filed In Associated Cases: 1:11-md-02262-NRB et al. (ama) (Entered: 02/10/2017)
STIPULATION OF DISMISSAL WITH PREJUDICE: THEREFORE, it is hereby stipulated and agreed by all undersigned parties that the claims asserted by DFG in this Action be dismissed with prejudice as to all Defendants, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 2/02/2017). ** Party Directors Financial Group (individually and on behalf of all others similarly situated), Directors Financial Group and Directors Financial Group terminated. Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(ama) Modified on 2/3/2017 (ama). (Entered: 02/03/2017)
STIPULATION OF DISMISSAL WITH PREJUDICE: THEREFORE, it is hereby stipulated and agreed by all undersigned parties that the claims asserted by DFG in this Action be dismissed with prejudice as to all Defendants, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). And as set forth herein. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 2/02/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(ama) Modified on 2/3/2017 (ama). (Entered: 02/02/2017)
SEALING ORDER: granting (1750) Motion to Seal Document in case 1:11-md-02262-NRB. THEREFORE, Plaintiffs' request to file portions of the Lieberman Decl. under seal is GRANTED.IT IS SO ORDERED(Signed by Judge Naomi Reice Buchwald on 2/01/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB (ama) (Entered: 02/01/2017)
SEALING ORDER: granting (1695) Motion to Seal Document in case 1:11-md-02262-NRB. THEREFORE, Plaintiffs' request to file portions of the Lieberman Decl. under seal is GRANTED. IT IS SO ORDERED.(Signed by Judge Naomi Reice Buchwald on 1/11/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB (ama) (Entered: 01/11/2017)
NOTICE OF CHANGE OF ADDRESS by Michael Brille on behalf of Barclays Bank, PLC, Barclays Capital, Inc., Barclays PLC, Barclays Bank plc, Barclays Bank PLC, Barclays Bank Plc,, Barclays Capital Inc., Barclays U.S. Funding LLC, Barclays Bank PLC, Barklays Bank Plc. New Address: Boies, Schiller & Flexner LLP, 1401 New York Avenue, N.W., Washington D.C., 20005, (202) 237 2727. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Brille, Michael) (Entered: 01/06/2017)
MEMO ENDORSEMENT on re: NOTICE OF WITHDRAWAL OF APPEARANCE AND ORDER. ENDORSEMENT: So Ordered. (Signed by Judge Naomi Reice Buchwald on 1/3/2017) Filed In Associated Cases: 1:11-md-02262-NRB et al.(cla) (Entered: 01/04/2017)
MEMO ENDORSEMENT on re: Notice of Withdrawal of Appearance and Order. ENDORSEMENT: So Ordered. (Attorney Colin Reardon terminated.) (Signed by Judge Naomi Reice Buchwald on 1/3/2017) Filed In Associated Cases: 1:11-md-02262-NRB et al.(cla) (Entered: 01/03/2017)
ORDER granting (1677) Letter Motion to Compel in case 1:11-md-02262-NRB. The OTC plaintiffs, Exchange-Based plaintiffs, Bondholder plaintiffs, and Lender plaintiffs (together, "Plaintiffs") have moved this Court to compel third parties Tullett Prebon Americas Corp., Tullett Prebon Financial Services LLC, and Tullett Prebon Liberty Brokerage Inc. (together, the "Tullett entities") to produce certain documents. ECF No. 1677. We grant the Plaintiffs' request that we "order the Tullett entities to promptly produce documents previously given to U.S. regulators concerning USD LIBOR." Id. at 2. If, after such production, the Plaintiffs wish to pursue additional discovery, the parties must meet and confer in good faith. If any discovery disputes remain thereafter, Plaintiffs may move to compel. The Tullett entities' request for sanctions, ECF No. 1682, is denied. (Signed by Judge Naomi Reice Buchwald on 1/3/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB, 1:12-cv-01025-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB (cla) (Entered: 01/03/2017)
LETTER addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated December 29, 2016 re: Plaintiffs' reply to Tullett entities' 12/27/16 letter [Dkt. No. 1682]. Document filed by Mayor and City Council of Baltimore, City of New Britain Firefighters' and Police Benefit Fund. (Attachments: # 1 Exhibit A)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 12/29/2016)
LETTER MOTION to Compel Tullett Prebon Americas Corp., Tullett Prebon Financial Services LLC, and Tullett Prebon Liberty Brokerage Inc. to Produce Documents addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated December 20, 2016. Document filed by Mayor and City Council of Baltimore, City of New Britain Firefighters' and Police Benefit Fund.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 12/20/2016)
LETTER addressed to Judge Naomi Reice Buchwald from Gregory T. Casamento dated 12/19/2016 re: Removal Of Counsel Edwin R. DeYoung From Case. Document filed by HSBC Bank Plc., HSBC Holdings plc..(Casamento, Gregory) (Entered: 12/20/2016)
ORDER: We are in receipt of the renewed request of plaintiff SEIU Pension Plan Master Trust ("SEIU") to create a separate class for direct purchasers of LIBOR-linked bonds issued by the panel bank defendants and to appoint SEIU as the class representative. ECF No. 1634. We deny this renewed request for the reasons that we denied SEIU's original request of the same, ECF No. 1442.SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 12/15/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ama) (Entered: 12/15/2016)
MEMO ENDORSEMENT on re: (233 in 1:13-cv-05187-NRB, 243 in 1:13-cv-00597-NRB, 241 in 1:13-cv-00627-NRB, 227 in 1:13-cv-05221-NRB, 163 in 1:13-cv-07720-NRB, 149 in 1:13-cv-08799-NRB, 147 in 1:13-cv-00398-NRB, 63 in 1:15-cv-01334-NRB, 124 in 1:11-cv-05929-NRB, 142 in 1:13-cv-00346-NRB, 126 in 1:12-cv-07461-NRB, 153 in 1:11-cv-05641-NRB, 225 in 1:13-cv-00598-NRB, 144 in 1:14-cv-04189-NRB, 141 in 1:13-cv-02343-NRB, 109 in 1:12-cv-04205-NRB, 55 in 1:16-cv-00592-NRB, 206 in 1:13-cv-07394-NRB, 206 in 1:13-cv-08644-NRB, 241 in 1:13-cv-00626-NRB, 198 in 1:13-cv-01016-NRB, 178 in 1:12-cv-01025-NRB, 128 in 1:12-cv-06693-NRB, 150 in 1:11-cv-05638-NRB, 204 in 1:13-cv-06014-NRB, 144 in 1:13-cv-00407-NRB, 203 in 1:13-cv-06013-NRB, 135 in 1:12-cv-06056-NRB, 125 in 1:11-cv-03128-NRB, 264 in 1:13-cv-02297-NRB, 139 in 1:13-cv-03010-NRB, 223 in 1:12-cv-05723-NRB, 201 in 1:14-cv-01757-NRB, 171 in 1:13-cv-06020-NRB, 119 in 1:13-cv-01456-NRB, 157 in 1:13-cv-01198-NRB, 59 in 1:15-cv-07975-NRB, 69 in 1:15-cv-02973-NRB, 443 in 1:11-cv-02613-NRB, 126 in 1:11-cv-02883-NRB, 115 in 1:11-cv-05930-NRB, 58 in 1:15-cv-08557-NRB, 142 in 1:11-cv-05640-NRB, 53 in 1:16-cv-00590-NRB, 236 in 1:13-cv-05616-NRB, 240 in 1:11-cv-06411-NRB, 105 in 1:11-cv-07715-NRB, 245 in 1:13-cv-03952-NRB, 119 in 1:11-cv-05927-NRB, 235 in 1:11-cv-06409-NRB, 246 in 1:13-cv-07005-NRB, 228 in 1:13-cv-05569-NRB, 129 in 1:11-cv-03249-NRB, 1664 in 1:11-md-02262-NRB, 245 in 1:11-cv-06412-NRB, 156 in 1:13-cv-01135-NRB, 242 in 1:13-cv-00667-NRB, 129 in 1:11-cv-05931-NRB, 242 in 1:13-cv-00625-NRB, 90 in 1:14-cv-07720-NRB, 136 in 1:13-cv-05511-NRB, 61 in 1:15-cv-04810-NRB, 126 in 1:11-cv-05928-NRB, 104 in 1:11-cv-07676-NRB, 147 in 1:12-cv-05822-NRB, 235 in 1:13-cv-05186-NRB, 195 in 1:14-cv-03094-NRB) Notice of Withdrawal of Appearance filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. ENDORSEMENT: So Ordered. (Attorney Mary Kathryn Sammons terminated.) (Signed by Judge Naomi Reice Buchwald on 12/6/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al.(cla) (Entered: 12/06/2016)
NOTICE of Withdrawal of Appearance. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Sammons, Mary) (Entered: 12/05/2016)
NOTICE OF WITHDRAWAL OF COUNSEL: PLEASE TAKE NOTICE that, upon the annexed declaration of Noam Lerer, and subject to the approval of the Court, Noam Lerer hereby withdraws as counsel for Deutsche Bank AG, Deutsche Bank Financial LLC, and Deutsche Bank Securities Inc. in the above captioned matter. Paul, Weiss, Rifkind, Wharton & Garrison LLP will continue to represent Deutsche Bank AG, Deutsche Bank Financial LLC, and Deutsche Bank Securities Inc. in this proceeding. SO ORDERED. Attorney Noam Lerer terminated. (Signed by Judge Naomi Reice Buchwald on 12/02/2016) (ama) (Entered: 12/05/2016)
PROTECTIVE ORDER AND STIPULATION... regarding procedures to be followed that shall govern the handling of confidential material... So ordered. (Signed by Judge Naomi Reice Buchwald on 11/28/2016) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB, 1:12-cv-05723-NRB, 1:13-cv-00598-NRB, 1:13-cv-01016-NRB. (rjm) (Entered: 11/29/2016)
LETTER addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated November 10, 2016 re: in response to the letter from counsel for SEIU dated November 2, 2016 (Dkt. 1634). Document filed by Mayor and City Council of Baltimore, City of New Britain Firefighters' and Police Benefit Fund.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 11/10/2016)
NOTICE OF APPEARANCE by Eric Jonathan Stock on behalf of UBS AG. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Stock, Eric) (Entered: 11/10/2016)
LETTER addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated November 7, 2016 re: Personal Jurisdiction. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: # 1 Exhibit A)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 11/07/2016)
LETTER MOTION to Seal Document addressed to Judge Naomi Reice Buchwald from William C. Carmody dated October 25, 2016. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: # 1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 10/25/2016)
LETTER addressed to Judge Naomi Reice Buchwald from William C. Carmody dated October 21, 2016 re: Additional Evidence to Support Over-the Counter Plaintiff's Supplemental Brief Opposing Defendant's Motion to Dismiss for Lack of Personal Jurisdiction (REDACTED). Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: # 1 Exhibit A (REDACTED), # 2 Exhibit A-1 (UNDER SEAL))Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 10/21/2016)
LETTER MOTION to Seal Document on behalf of Over-the-Counter Plaintiffs addressed to Judge Naomi Reice Buchwald from William C. Carmody dated October 21, 2016. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: # 1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 10/21/2016)
LETTER addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated October 21, 2016 re: in response to defendants' October 18, 2016 letter regarding the class certification expert schedule [Dkt. 1596]. Document filed by Mayor and City Council of Baltimore, City of New Britain Firefighters' and Police Benefit Fund.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 10/21/2016)
LETTER addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated October 20, 2016 re: on behalf of the Over-the-Counter and the Exchange-Based Plaintiffs in response to the defendants' letter dated October 7, 2016 [Dkt. 1582]. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 10/20/2016)
LETTER addressed to Judge Naomi Reice Buchwald from William C. Carmody dated October 19, 2016 re: Request for pre-motion discovery conference. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 10/19/2016)
NOTICE OF APPEARANCE by Geng Chen on behalf of City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Chen, Geng) (Entered: 10/17/2016)
LETTER MOTION to Compel Defendants to complete production addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated 10/11/16. Document filed by City of New Britain, City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 10/12/2016)
MEMORANDUM AND ORDER: denying (407) Letter Motion to Compel in case 1:11-cv-02613-NRB; denying (1554) Letter Motion to Compel in case 1:11-md-02262-NRB; denying (204) Letter Motion to Compel in case 1:12-cv-05723-NRB. Plaintiffs' request to compel Tradition America's compliance with their document subpoenas is denied without prejudice. IT IS SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 10/05/2016) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB, 1:12-cv-05723-NRB (ama) (Entered: 10/05/2016)
LETTER addressed to Judge Naomi Reice Buchwald from William C. Carmody dated September 27, 2016 re: Supplemental Authority relevant to Opposition to Defendants' Motion to Dismiss. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: # 1 Exhibit A)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 09/27/2016)
MEMORANDUM AND ORDER denying (1398) Letter Motion for Leave to File Document in case 1:11-md-02262-NRB; denying (168) Letter Motion for Leave to File Document in case 1:12-cv-05723-NRB; denying (145) Letter Motion for Leave to File Document in case 1:13-cv-01016-NRB: For the reasons stated above, defendants' request for leave to move to strike the Lender plaintiffs' class allegations is denied. (Signed by Judge Naomi Reice Buchwald on 9/20/2016) Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB (tn) (Entered: 09/20/2016)
MEMO ENDORSEMENT on re: NOTICE OF WITHDRAWAL OF APPEARANCE (1558 in 1:11-md-02262-NRB) Notice (Other) filed by Portigon/WestLB AG. PLEASE TAKE NOTICE that Ethan E. Litwin is no longer with the firm of Hughes Hubbard & Reed LLP and is hereby withdrawn as counsel for Defendant Portigon AG (f/k/a WestLB AG) in the above-captioned matter. ENDORSEMENT: SO ORDERED., Attorney Ethan Edward Litwin terminated. (Signed by Judge Naomi Reice Buchwald on 9/14/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ama) (Entered: 09/15/2016)
MEMO ENDORSEMENT on re: NOTICE OF WITHDRAWAL OF APPEARANCE (1558 in 1:11-md-02262-NRB) Notice (Other) filed by Portigon/WestLB AG. PLEASE TAKE NOTICE that Ethan E. Litwin is no longer with the firm of Hughes Hubbard & Reed LLP and is hereby withdrawn as counsel for Defendant Portigon AG (f/k/a WestLB AG) in the above-captioned matter. ENDORSEMENT: SO ORDERED., Attorney Ethan Edward Litwin terminated. (Signed by Judge Naomi Reice Buchwald on 9/14/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ama) (Entered: 09/15/2016)
LETTER MOTION to Compel Tradition America LLC to Production of Documents addressed to Judge Naomi Reice Buchwald from William C. Carmody dated 9/7/2016. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 09/07/2016)
LETTER addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated 08/25/2016 re: Response to Defendant Portigon AG (f/k/a WestLB AG) letter of August 22, 2016. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 08/25/2016)
NOTICE of Non-Party Subpoena. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: # 1 Supplement Subpoena to Produce Documents, Information, or Objects)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 08/16/2016)
Costs Taxed as to ( 1453 in 1:11-md-02262-NRB) USCA Mandate, USCA Case Number 13-3565(L) in the amount of $3,724.60. on 08/11/2016 in favor of Ellen Gelboim, et al., Plaintiffs - Appellants, against Bank of America Corporation, et al., Defendants Appellees. Filed In Associated Cases: 1:11-md-02262-NRB et al.(nd) (Entered: 08/12/2016)
MEMORANDUM OF LAW in Opposition re: (1480 in 1:11-md-02262-NRB) JOINT MOTION to Dismiss All Antitrust Claims Based on The Efficient Enforcer Doctrine and Lack of Personal Jurisdiction. . Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 08/05/2016)
DECLARATION of David E. Kovel and Michael D. Hausfeld in Opposition re: (1480 in 1:11-md-02262-NRB) JOINT MOTION to Dismiss All Antitrust Claims Based on The Efficient Enforcer Doctrine and Lack of Personal Jurisdiction.. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 08/05/2016)
LETTER MOTION to Seal Document (1508 in 1:11-md-02262-NRB) Memorandum of Law in Opposition to Motion, addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated 08/05/2016. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: # 1 Text of Proposed Order re Motion to Seal Dkt 1508)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 08/05/2016)
SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: (1480 in 1:11-md-02262-NRB) JOINT MOTION to Dismiss All Antitrust Claims Based on The Efficient Enforcer Doctrine and Lack of Personal Jurisdiction. (REDACTED). Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 08/05/2016)
LETTER addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated 08/05/2016 re: Rule 2.E.1 of the Courts Individual Practices. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 08/05/2016)
FIRST LETTER MOTION to Seal Document In Connection with OTC and Exchange Plaintiffs' Declaration in Support of the Oppositions to Certain Defendants' Motion to Dismiss on Personal Jurisdiction Grounds addressed to Judge Naomi Reice Buchwald from Michael D. Hausfeld dated August 5, 2016. Document filed by Mayor and City Council of Baltimore. (Attachments: # 1 Text of Proposed Order Sealing Confidential Material)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Hausfeld, Michael) (Entered: 08/05/2016)
LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated 8/4/2016. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: # 1 Exhibit A, # 2 Exhibit B)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 08/04/2016)
ORDER denying (1473) Letter Motion for Leave to File Document in case 1:11-md-02262-NRB; granting in part (1473) Letter Motion for Leave to File Excess Pages in case 1:11-md-02262-NRB. Defendants' request for permission to brief three additional issues is denied. All the issues proposed are best address (if at all) after the decision on the questions directly raised by the Second Circuit's remand, which should clarify the scope of the antitrust claims. Further, we remind the parties that this Court is well-aware of the distinctions between persistent suppression and trader-based claims and the necessity to adequately plead every specific conspiracy alleged. Defendants also requested leave to file 80 pages of briefing with the anticipation that their proposed additional arguments would comprise 10 of those pages. Given our ruling on the additional arguments, defendants may file 70 pages of memoranda in support of their motion to dismiss. (Signed by Judge Naomi Reice Buchwald on 7/5/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al. (kko) (Entered: 07/05/2016)
AMENDED ORDER REGARDING THE PRODUCTION OF DOCUMENTS SUBJECT TO FOREIGN DATA PRIVACY LAWS: NOW THEREFORE IT IS ORDERED: In resolution of this dispute, Objecting Defendants may not resist production of material produced to government regulators based upon Foreign Data Privacy Laws, except that Objecting Defendants shall be permitted to redact from any documents produced pursuant to this Order any personal confidential information not relevant to the claims in this case, including personal contact information (such as personal email addresses, home addresses, home telephone numbers, and mobile telephone numbers), statements of political opinion, information regarding a person's race, ethnicity, religious affiliation, or sexual orientation, and medical information. This Order is non-precedential and binding only on the Objecting Defendants in the context of the above-captioned actions. Nothing in this Order alters the rights, obligations, and terms provided in the Stipulation and Protective Order entered in this action on March 21, 2016 (ECF No. 134 7) or the rights or obligations of any current or dismissed defendants or non-parties not named in this Order. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 6/29/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ama) (Entered: 06/30/2016)
ORDER. This Court will set a co-ordinated briefing schedule for these, and presumably other, motions after the issuance of the opinion resolving the defendants' forthcoming motions to dismiss. While we address these three letters in this Order, we expect other counsel to be guided accordingly. Denying (1458) LETTER MOTION for Leave to File Motion for Reconsideration addressing state law civil conspiracy issues addressed to Judge Naomi Reice Buchwald from James R. Martin and Jeremy A. Lieberman dated June 16, 2016. Document filed by Direct Action Plaintiffs, Directors Financial Group (individually), The Berkshire Bank (Individually and On Behalf of All Others Similarly Situated ) in case 1:11-md-02262-NRB. (Signed by Judge Naomi Reice Buchwald on 6/21/2016). Filed In Associated Cases: 1:11-md-02262-NRB et al. Entry in member cases, as per Chambers. (rjm) (Entered: 06/21/2016)
ORDER: There will be no stay of class action discovery because of the pendency of motions to dismiss. The parties should additionally be aware of the Court's displeasure and surprise when it learned that this core discovery had not already taken place. While the plaintiffs' demand that the previously dismissed defendants produce these documents within two days is not reasonable, the current state of non-production is one that should be remedied forthwith. The Court is also in receipt of a letter from Freddie Mac's counsel, dated June 15, 2016. The proposal that the sufficiency of all antitrust claims be addressed by defendants at one time appears sensible and is consistent with this Court's practice in this case of addressing legal issues across complaints. (As further set forth in this Order.) (Signed by Judge Naomi Reice Buchwald on 6/17/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al.(kgo) Modified on 6/17/2016 (kgo). (Entered: 06/17/2016)
SUPPLEMENTAL LETTER addressed to Judge Naomi Reice Buchwald from William Carmody dated 06/17/16 re: Requesting Pre-Motion Conference. Document filed by Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 06/17/2016)
MANDATE of USCA (Certified Copy) as to (106 in 1:13-cv-01016-NRB, 38 in 1:14-cv-07720-NRB, 164 in 1:13-cv-00625-NRB, 156 in 1:13-cv-05186-NRB, 76 in 1:11-cv-05929-NRB, 71 in 1:11-cv-05927-NRB, 75 in 1:12-cv-07461-NRB, 130 in 1:13-cv-07394-NRB, 100 in 1:12-cv-01025-NRB, 126 in 1:13-cv-06014-NRB, 159 in 1:13-cv-05616-NRB, 156 in 1:13-cv-05187-NRB, 77 in 1:11-cv-05928-NRB, 105 in 1:13-cv-01135-NRB, 116 in 1:14-cv-03094-NRB, 99 in 1:13-cv-01198-NRB, 149 in 1:13-cv-05221-NRB, 78 in 1:11-cv-03249-NRB, 165 in 1:13-cv-00597-NRB, 104 in 1:11-cv-05641-NRB, 97 in 1:12-cv-05822-NRB, 80 in 1:11-cv-05931-NRB, 164 in 1:13-cv-00667-NRB, 163 in 1:13-cv-00626-NRB, 77 in 1:12-cv-06693-NRB, 55 in 1:11-cv-07676-NRB, 140 in 1:13-cv-00598-NRB, 171 in 1:11-cv-06411-NRB, 126 in 1:13-cv-06013-NRB, 56 in 1:11-cv-07715-NRB, 195 in 1:13-cv-02297-NRB, 73 in 1:13-cv-08799-NRB, 166 in 1:11-cv-06409-NRB, 91 in 1:13-cv-00346-NRB, 116 in 1:14-cv-01757-NRB, 77 in 1:11-cv-03128-NRB, 66 in 1:11-cv-05930-NRB, 157 in 1:13-cv-03952-NRB, 90 in 1:11-cv-05640-NRB, 176 in 1:11-cv-06412-NRB, 81 in 1:13-cv-05511-NRB, 149 in 1:13-cv-05569-NRB, 129 in 1:13-cv-08644-NRB, 72 in 1:14-cv-04189-NRB, 98 in 1:11-cv-05638-NRB, 100 in 1:13-cv-06020-NRB, 86 in 1:12-cv-06056-NRB, 163 in 1:13-cv-00627-NRB, 83 in 1:13-cv-03010-NRB, 78 in 1:11-cv-02883-NRB, 90 in 1:13-cv-02343-NRB, 61 in 1:12-cv-04205-NRB, 125 in 1:12-cv-05723-NRB, 96 in 1:13-cv-00407-NRB, 97 in 1:13-cv-00398-NRB, 98 in 1:13-cv-07720-NRB, 1043 in 1:11-md-02262-NRB, 71 in 1:13-cv-01456-NRB, 175 in 1:13-cv-07005-NRB, 271 in 1:11-cv-02613-NRB) Amended Notice of Appeal,,,,,,, filed by Mayor and City Council of Baltimore, (160 in 1:13-cv-00625-NRB, 96 in 1:11-cv-05638-NRB, 145 in 1:13-cv-05569-NRB, 73 in 1:12-cv-06693-NRB, 88 in 1:13-cv-02343-NRB, 94 in 1:13-cv-00398-NRB, 94 in 1:12-cv-05822-NRB, 81 in 1:13-cv-03010-NRB, 59 in 1:12-cv-04205-NRB, 1015 in 1:11-md-02262-NRB, 159 in 1:13-cv-00626-NRB, 152 in 1:13-cv-05187-NRB, 113 in 1:14-cv-01757-NRB, 121 in 1:13-cv-06013-NRB, 101 in 1:13-cv-01135-NRB, 36 in 1:14-cv-07720-NRB, 122 in 1:13-cv-00598-NRB, 69 in 1:13-cv-01456-NRB, 53 in 1:11-cv-07676-NRB, 102 in 1:11-cv-05641-NRB, 94 in 1:13-cv-00407-NRB, 104 in 1:13-cv-01016-NRB, 64 in 1:11-cv-05930-NRB, 74 in 1:11-cv-05929-NRB, 193 in 1:13-cv-02297-NRB, 96 in 1:13-cv-07720-NRB, 127 in 1:13-cv-07394-NRB, 164 in 1:11-cv-06409-NRB, 152 in 1:13-cv-05186-NRB, 69 in 1:11-cv-05927-NRB, 251 in 1:11-cv-02613-NRB, 97 in 1:13-cv-01198-NRB, 145 in 1:13-cv-05221-NRB, 154 in 1:13-cv-03952-NRB, 173 in 1:13-cv-07005-NRB, 155 in 1:13-cv-05616-NRB, 169 in 1:11-cv-06411-NRB, 125 in 1:13-cv-08644-NRB, 69 in 1:14-cv-04189-NRB, 88 in 1:13-cv-00346-NRB, 161 in 1:13-cv-00597-NRB, 79 in 1:13-cv-05511-NRB, 72 in 1:11-cv-03128-NRB, 84 in 1:12-cv-06056-NRB, 98 in 1:12-cv-01025-NRB, 88 in 1:11-cv-05640-NRB, 70 in 1:13-cv-08799-NRB, 123 in 1:12-cv-05723-NRB, 73 in 1:11-cv-02883-NRB, 113 in 1:14-cv-03094-NRB, 51 in 1:11-cv-07715-NRB, 121 in 1:13-cv-06014-NRB, 78 in 1:11-cv-05931-NRB, 73 in 1:12-cv-07461-NRB, 174 in 1:11-cv-06412-NRB, 75 in 1:11-cv-05928-NRB, 159 in 1:13-cv-00627-NRB, 73 in 1:11-cv-03249-NRB, 97 in 1:13-cv-06020-NRB, 160 in 1:13-cv-00667-NRB) Notice of Appeal, filed by Mayor and City Council of Baltimore, (153 in 1:13-cv-05221-NRB, 153 in 1:13-cv-05569-NRB, 160 in 1:13-cv-05186-NRB, 168 in 1:13-cv-00625-NRB, 168 in 1:13-cv-00667-NRB, 133 in 1:13-cv-08644-NRB, 1098 in 1:11-md-02262-NRB, 167 in 1:13-cv-00627-NRB, 169 in 1:13-cv-00597-NRB, 167 in 1:13-cv-00626-NRB, 160 in 1:13-cv-05187-NRB) Notice of Interlocutory Appeal,,, filed by County of Sacramento, County of San Diego, San Diego Association of Governments, The Richmond Joint Powers Financing Authority, City of Riverside, County of Sonoma, Successor Agency to the Richmond Community Redevelopment Agency, City of Richmond, County of San Mateo, San Mateo Couty Joint Powers Financing Authority, The Riverside Public Financing Authority, County of Mendocino, David E. Sundstrom, East Bay Municipal Utility District, The Regents of the University of California, (1105 in 1:11-md-02262-NRB, 120 in 1:14-cv-03094-NRB) Notice of Interlocutory Appeal, filed by Bay Area Toll Authority, (1099 in 1:11-md-02262-NRB, 163 in 1:13-cv-05616-NRB) Notice of Interlocutory Appeal, filed by City of Houston, City Of Houston, (274 in 1:11-cv-02613-NRB, 1063 in 1:11-md-02262-NRB) Amended Notice of Appeal,, filed by 303030 Trading LLC, 303030 Trading, LLC, FTC Futures Fund PCC Ltd, Atlantic Trading USA, LLC, Gary Francis, Metzler Investment GmbH, Nathaniel Haynes, FTC Futures Fund SICAV, (1054 in 1:11-md-02262-NRB, 133 in 1:13-cv-07394-NRB) Notice of Interlocutory Appeal, filed by National Credit Union Administration Board, (409 in 1:11-md-02262-NRB) Notice of Appeal,,,,,,,,,,,,,,,,,,,,,,,,,, filed by Linda Zacher, Ellen Gelboim, (74 in 1:12-cv-06693-NRB, 1017 in 1:11-md-02262-NRB) Notice of Appeal,,,,,,, filed by Maidencreek Ventures II LP, Jill Court Associates II, LLC, Greenwich Commons II, LLC, Lawrence W. Gardner, Raritan Commons, LLC, Courtyard at Amwell II, LLC, (76 in 1:14-cv-04189-NRB, 1064 in 1:11-md-02262-NRB) Notice of Interlocutory Appeal, filed by PRUDENTIAL CORE TAXABLE MONEY MARKET FUND, PRUDENTIAL INVESTMENT PORTFOLIOS 2, (75 in 1:13-cv-08799-NRB, 1057 in 1:11-md-02262-NRB) Notice of Interlocutory Appeal, filed by Darby Financial Products, Capital Ventures International, (73 in 1:11-cv-03128-NRB, 74 in 1:11-cv-02883-NRB) Notice of Appeal, filed by Mayor and City Council of Baltimore, (1056 in 1:11-md-02262-NRB, 102 in 1:13-cv-06020-NRB) Notice of Interlocutory Appeal, filed by The Pennsylvania Intergovernmental Cooperation Authority, THE PENNSYLVANIA INTERGOVERNMENTAL COOPERATION AUTHORITY, THE CITY OF PHILADELPHIA, The City of Philadelphia, (1014 in 1:11-md-02262-NRB, 93 in 1:12-cv-05822-NRB) Notice of Appeal,,,,,,, filed by 33-35 Green Pond Road Associates, LLC, (53 in 1:11-cv-07715-NRB, 75 in 1:11-cv-02883-NRB, 75 in 1:11-cv-03249-NRB, 74 in 1:11-cv-03128-NRB) Notice of Appeal, filed by Mayor and City Council of Baltimore, (1044 in 1:11-md-02262-NRB, 92 in 1:13-cv-00346-NRB) Notice of Interlocutory Appeal, filed by Guaranty Bank & Trust Company, (77 in 1:11-cv-03249-NRB, 76 in 1:11-cv-03128-NRB, 77 in 1:11-cv-02883-NRB, 55 in 1:11-cv-07715-NRB) Amended Notice of Appeal, filed by Mayor and City Council of Baltimore, (1058 in 1:11-md-02262-NRB) Notice of Interlocutory Appeal, filed by Salix Capital US Inc., (252 in 1:11-cv-02613-NRB, 1016 in 1:11-md-02262-NRB) Notice of Appeal,, filed by 303030 Trading LLC, 303030 Trading, LLC, FTC Futures Fund PCC Ltd, Atlantic Trading USA, LLC, Gary Francis, Metzler Investment GmbH, Nathaniel Haynes, FTC Futures Fund SICAV, (1119 in 1:11-md-02262-NRB) Notice of Interlocutory Appeal,, filed by 303 Proprietary Trading LLC, Randall Williams, John Henderson, Nicholas Pesa, michael cahill, Scott Federighi, David Klusendorf, Brian Haggerty, Norman Byster, David Vecchione, Robert Furlong, Joseph Amabile, Christopher Lang, Richard Deogracias, Ronald Krug, Philip Olson, John Monckton, Michael Cahill, David Gough, norman byster, Louie Amabile, Marc Federighi, Eduardo Restani, Margery Teller, Brett Pankau. USCA Case Number 13-3565(L), 133636(Con), 15441(Con), 15454(Con), 15477(Con), 15494(Con), 15498(Con), 15-524(Con), 15537(Con), 15547(Con), 15-551(Con), 15611(Con), 15620(Con), 15-627(Con), 15733(Con), 15744(Con), 15-778(Con), 15825(Con), 15830 (Con).. The appeals in the above captioned case from a judgment of the United States District Court for the Southern District of New York were argued on the district court's record and the parties' briefs. Upon consideration thereof, IT IS HEREBY ORDERED, ADJUDGED and DECREED that the district court's judgment is VACATED and the case is REMANDED for further proceedings consistent with this Court's opinion. . Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 06/15/2016. Filed In Associated Cases: 1:11-md-02262-NRB et al.(nd) (Entered: 06/16/2016)
LETTER addressed to Judge Naomi Reice Buchwald from William Carmody dated 06/15/2016 re: Subpoenas. Document filed by Mayor and City Council of Baltimore. (Attachments: # 1 Exhibit A)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 06/15/2016)
ORDER denying (355) Letter Motion for Conference in case 1:11-cv-02613-NRB; denying (1413) Letter Motion for Conference in case 1:11-md-02262-NRB; denying (170) Letter Motion for Conference in case 1:12-cv-05723-NRB; denying (179) Letter Motion for Conference in case 1:13-cv-00598-NRB; denying (147) Letter Motion for Conference in case 1:13-cv-01016-NRB. We have reviewed class plaintiffs' request of May 19, 2016 for a pre-motion conference to compel production of data regarding secured borrowing and lending from Credit Suisse, JP Morgan Chase, Citibank, Rabobank, and UBS, and defendants' responsive letter of June 9, 2016. Because plaintiffs' requests for over twelve years of secured borrowing and lending data are not relevant to their claims or defenses and are not proportional to the needs of the case, their application is denied without a pre-motion conference. (Signed by Judge Naomi Reice Buchwald on 6/14/2016) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB, 1:12-cv-05723-NRB, 1:13-cv-00598-NRB, 1:13-cv-01016-NRB (kl) (Entered: 06/14/2016)
LETTER REPLY to Response to Motion addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated June 13, 2016 re: (145 in 1:13-cv-01016-NRB, 168 in 1:12-cv-05723-NRB, 1398 in 1:11-md-02262-NRB) LETTER MOTION for Leave to File a motion to strike the class and conspiracy allegations in the Lender Plaintiffs' Second Amended Consolidated Class Action Complaint. addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated M in Further Support of the Non-Dismissed Defendants' Request to file a Motion to Strike the Class Allegations in the Lender Plaintiffs' Second Amended Consolidated Class Action Complaint and in Response to the Lenders' Opposition filed on May 20, 2016. Document filed by Bank of America Corporation, Bank of America, N.A., Citibank, N.A., Citigroup, Inc., JPMorgan Chase & Co., JPMorgan Chase Bank, National Association, UBS AG. Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Burke, Arthur) (Entered: 06/13/2016)
NOTICE OF CHANGE OF ADDRESS by Seth D. Ard on behalf of Mayor and City Council of Baltimore. New Address: Susman Godfrey L.L.P., 1301 Avenue of the Americas, 32nd Floor, New York, NY, 10019, (212) 336-8330. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Ard, Seth) (Entered: 06/10/2016)
LETTER addressed to Judge Naomi Reice Buchwald from Paul Gluckow dated June 9, 2016 re: Response to the May 19, 2016 letter submitted by Class Plaintiffs, ECF No. 1413. Document filed by JPMorgan Chase & Co., JPMorgan Chase Bank, National Association, J.P. Morgan Chase & Co., JP Morgan Chase Bank, N.A., J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A., JPMorgan Chase & Co..Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB, 1:12-cv-05723-NRB, 1:13-cv-00598-NRB, 1:13-cv-01016-NRB(Gluckow, Paul) (Entered: 06/09/2016)
NOTICE OF CHANGE OF ADDRESS by William Christopher Carmody on behalf of Mayor and City Council of Baltimore, City of New Britain Firefighters' and Police Benefit Fund. New Address: Susman Godfrey L.L.P., 1301 Avenue of the Americas, 32nd Fl., New York, NY, USA 10019, 212-336-8330. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 06/09/2016)
NOTICE OF CHANGE OF ADDRESS by Arun Srinivas Subramanian on behalf of City of New Britain Firefighters' and Police Benefit Fund. New Address: Susman Godfrey L.L.P., 1301 Avenue of the Americas, 32nd Fl., New York, NY, USA 10019, 212-336-8330. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Subramanian, Arun) (Entered: 06/08/2016)
NOTICE OF APPEARANCE by Patrick Joseph Coughlin on behalf of SEIU Pension Plans Master Trust. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Coughlin, Patrick) (Entered: 06/03/2016)
LETTER addressed to Judge Naomi Reice Buchwald from William Carmody dated 06-01-2016 re: Response to Defendants' May 27th letter regarding our request that the Court vacate deadlines in non-stayed class actions and set status conference. Document filed by Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 06/01/2016)
LETTER addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated May 27, 2016 re: In response to Plaintiffs' May 25, 2016 letter requesting that the Court vacate the existing deadlines in the scheduling order for the non-stayed class cases. Document filed by Bank Of America Corporation, Bank of America, N.A., Citibank NA, Citigroup Inc., Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., Credit Suisse Group AG, Deutsche Bank AG, J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A., Royal Bank of Canada, UBS AG.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Burke, Arthur) (Entered: 05/27/2016)
LETTER addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated May 26, 2016 re: In Response to the Court's Memorandum and Order dated April 29, 2016 directing the Parties to submit affidavits identifying where they determined their LIBOR submissions during the relevant time periods. Document filed by Bank of America Corporation, Bank of America, N.A., Chase Bank USA, N.A., Citibank, N.A., HSBC Bank plc, J.P. Morgan Bank Dublin PLC, J.P. Morgan Chase Bank, N.A., J.P. Morgan Markets Ltd., JPMorgan Chase & Co., Royal Bank of Scotland, Royal Bank of Scotland Group plc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Burke, Arthur) (Entered: 05/26/2016)
LETTER MOTION for Conference Requesting Status Conference to Address Second Circuit Decision addressed to Judge Naomi Reice Buchwald from William Carmody dated 5/26/16. Document filed by Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 05/26/2016)
LETTER MOTION for Conference Letter Motion Requesting Status Conference to Address Second Circuit Decision addressed to Judge Naomi Reice Buchwald from William Carmody dated 05/25/16. Document filed by Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 05/25/2016)
FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER MOTION for Conference Requesting Status Conference to Address Second Circuit Decision addressed to Judge Naomi Reice Buchwald from William Carmody dated 05/25/2016. Document filed by Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) Modified on 5/25/2016 (db). (Entered: 05/25/2016)
OPINION of USCA as to (106 in 1:13-cv-01016-NRB, 38 in 1:14-cv-07720-NRB, 164 in 1:13-cv-00625-NRB, 156 in 1:13-cv-05186-NRB, 76 in 1:11-cv-05929-NRB, 71 in 1:11-cv-05927-NRB, 75 in 1:12-cv-07461-NRB, 130 in 1:13-cv-07394-NRB, 100 in 1:12-cv-01025-NRB, 126 in 1:13-cv-06014-NRB, 159 in 1:13-cv-05616-NRB, 156 in 1:13-cv-05187-NRB, 77 in 1:11-cv-05928-NRB, 105 in 1:13-cv-01135-NRB, 116 in 1:14-cv-03094-NRB, 99 in 1:13-cv-01198-NRB, 149 in 1:13-cv-05221-NRB, 78 in 1:11-cv-03249-NRB, 165 in 1:13-cv-00597-NRB, 104 in 1:11-cv-05641-NRB, 97 in 1:12-cv-05822-NRB, 80 in 1:11-cv-05931-NRB, 164 in 1:13-cv-00667-NRB, 163 in 1:13-cv-00626-NRB, 77 in 1:12-cv-06693-NRB, 55 in 1:11-cv-07676-NRB, 140 in 1:13-cv-00598-NRB, 171 in 1:11-cv-06411-NRB, 126 in 1:13-cv-06013-NRB, 56 in 1:11-cv-07715-NRB, 195 in 1:13-cv-02297-NRB, 73 in 1:13-cv-08799-NRB, 166 in 1:11-cv-06409-NRB, 91 in 1:13-cv-00346-NRB, 116 in 1:14-cv-01757-NRB, 77 in 1:11-cv-03128-NRB, 66 in 1:11-cv-05930-NRB, 157 in 1:13-cv-03952-NRB, 90 in 1:11-cv-05640-NRB, 176 in 1:11-cv-06412-NRB, 81 in 1:13-cv-05511-NRB, 149 in 1:13-cv-05569-NRB, 129 in 1:13-cv-08644-NRB, 72 in 1:14-cv-04189-NRB, 98 in 1:11-cv-05638-NRB, 100 in 1:13-cv-06020-NRB, 86 in 1:12-cv-06056-NRB, 163 in 1:13-cv-00627-NRB, 83 in 1:13-cv-03010-NRB, 78 in 1:11-cv-02883-NRB, 90 in 1:13-cv-02343-NRB, 61 in 1:12-cv-04205-NRB, 125 in 1:12-cv-05723-NRB, 96 in 1:13-cv-00407-NRB, 97 in 1:13-cv-00398-NRB, 98 in 1:13-cv-07720-NRB, 1043 in 1:11-md-02262-NRB, 71 in 1:13-cv-01456-NRB, 175 in 1:13-cv-07005-NRB, 271 in 1:11-cv-02613-NRB) Amended Notice of Appeal,,,,,,, filed by Mayor and City Council of Baltimore, (160 in 1:13-cv-00625-NRB, 96 in 1:11-cv-05638-NRB, 145 in 1:13-cv-05569-NRB, 73 in 1:12-cv-06693-NRB, 88 in 1:13-cv-02343-NRB, 94 in 1:13-cv-00398-NRB, 94 in 1:12-cv-05822-NRB, 81 in 1:13-cv-03010-NRB, 59 in 1:12-cv-04205-NRB, 1015 in 1:11-md-02262-NRB, 159 in 1:13-cv-00626-NRB, 152 in 1:13-cv-05187-NRB, 113 in 1:14-cv-01757-NRB, 121 in 1:13-cv-06013-NRB, 101 in 1:13-cv-01135-NRB, 36 in 1:14-cv-07720-NRB, 122 in 1:13-cv-00598-NRB, 69 in 1:13-cv-01456-NRB, 53 in 1:11-cv-07676-NRB, 102 in 1:11-cv-05641-NRB, 94 in 1:13-cv-00407-NRB, 104 in 1:13-cv-01016-NRB, 64 in 1:11-cv-05930-NRB, 74 in 1:11-cv-05929-NRB, 193 in 1:13-cv-02297-NRB, 96 in 1:13-cv-07720-NRB, 127 in 1:13-cv-07394-NRB, 164 in 1:11-cv-06409-NRB, 152 in 1:13-cv-05186-NRB, 69 in 1:11-cv-05927-NRB, 251 in 1:11-cv-02613-NRB, 97 in 1:13-cv-01198-NRB, 145 in 1:13-cv-05221-NRB, 154 in 1:13-cv-03952-NRB, 173 in 1:13-cv-07005-NRB, 155 in 1:13-cv-05616-NRB, 169 in 1:11-cv-06411-NRB, 125 in 1:13-cv-08644-NRB, 69 in 1:14-cv-04189-NRB, 88 in 1:13-cv-00346-NRB, 161 in 1:13-cv-00597-NRB, 79 in 1:13-cv-05511-NRB, 72 in 1:11-cv-03128-NRB, 84 in 1:12-cv-06056-NRB, 98 in 1:12-cv-01025-NRB, 88 in 1:11-cv-05640-NRB, 70 in 1:13-cv-08799-NRB, 123 in 1:12-cv-05723-NRB, 73 in 1:11-cv-02883-NRB, 113 in 1:14-cv-03094-NRB, 51 in 1:11-cv-07715-NRB, 121 in 1:13-cv-06014-NRB, 78 in 1:11-cv-05931-NRB, 73 in 1:12-cv-07461-NRB, 174 in 1:11-cv-06412-NRB, 75 in 1:11-cv-05928-NRB, 159 in 1:13-cv-00627-NRB, 73 in 1:11-cv-03249-NRB, 97 in 1:13-cv-06020-NRB, 160 in 1:13-cv-00667-NRB) Notice of Appeal, filed by Mayor and City Council of Baltimore, (153 in 1:13-cv-05221-NRB, 153 in 1:13-cv-05569-NRB, 160 in 1:13-cv-05186-NRB, 168 in 1:13-cv-00625-NRB, 168 in 1:13-cv-00667-NRB, 133 in 1:13-cv-08644-NRB, 1098 in 1:11-md-02262-NRB, 167 in 1:13-cv-00627-NRB, 169 in 1:13-cv-00597-NRB, 167 in 1:13-cv-00626-NRB, 160 in 1:13-cv-05187-NRB) Notice of Interlocutory Appeal,,, filed by County of Sacramento, County of San Diego, San Diego Association of Governments, The Richmond Joint Powers Financing Authority, City of Riverside, County of Sonoma, Successor Agency to the Richmond Community Redevelopment Agency, City of Richmond, County of San Mateo, San Mateo Couty Joint Powers Financing Authority, The Riverside Public Financing Authority, County of Mendocino, David E. Sundstrom, East Bay Municipal Utility District, The Regents of the University of California, (1105 in 1:11-md-02262-NRB, 120 in 1:14-cv-03094-NRB) Notice of Interlocutory Appeal, filed by Bay Area Toll Authority, (1099 in 1:11-md-02262-NRB, 163 in 1:13-cv-05616-NRB) Notice of Interlocutory Appeal, filed by City of Houston, City Of Houston, (1011 in 1:11-md-02262-NRB, 172 in 1:11-cv-06412-NRB, 161 in 1:11-cv-06409-NRB, 167 in 1:11-cv-06411-NRB) Notice of Appeal,,,,,,, filed by Schwab Advisor Cash Reserves, Schwab Short-Term Bond Market Fund, Schwab Value Advantage Money Fund, Schwab Retirement Advantage Money Fund, Schwab Total Bond Market Fund, Charles Schwab Corporation, Schwab Yieldplus Fund, Schwab Cash Reserves, Schwab Investor Money Fund, Charles Schwab & Co., Inc., Schwab U.S. Dollar Liquid Assets Fund, Schwab Yieldplus Fund Liquidation Trust, Charles Schwab Bank, N.A., Schwab Money Market Fund, (274 in 1:11-cv-02613-NRB, 1063 in 1:11-md-02262-NRB) Amended Notice of Appeal,, filed by 303030 Trading LLC, 303030 Trading, LLC, FTC Futures Fund PCC Ltd, Atlantic Trading USA, LLC, Gary Francis, Metzler Investment GmbH, Nathaniel Haynes, FTC Futures Fund SICAV, (1054 in 1:11-md-02262-NRB, 133 in 1:13-cv-07394-NRB) Notice of Interlocutory Appeal, filed by National Credit Union Administration Board, (409 in 1:11-md-02262-NRB, 50 in 1:12-cv-01025-NRB) Notice of Appeal,,,,,,,,,,,,,,,,,,,,,,,,,, filed by Linda Zacher, Ellen Gelboim, (74 in 1:12-cv-06693-NRB, 1017 in 1:11-md-02262-NRB) Notice of Appeal,,,,,,, filed by Maidencreek Ventures II LP, Jill Court Associates II, LLC, Greenwich Commons II, LLC, Lawrence W. Gardner, Raritan Commons, LLC, Courtyard at Amwell II, LLC, (76 in 1:14-cv-04189-NRB, 1064 in 1:11-md-02262-NRB) Notice of Interlocutory Appeal, filed by PRUDENTIAL CORE TAXABLE MONEY MARKET FUND, PRUDENTIAL INVESTMENT PORTFOLIOS 2, (75 in 1:13-cv-08799-NRB, 1057 in 1:11-md-02262-NRB) Notice of Interlocutory Appeal, filed by Darby Financial Products, Capital Ventures International, (1056 in 1:11-md-02262-NRB, 102 in 1:13-cv-06020-NRB) Notice of Interlocutory Appeal, filed by The Pennsylvania Intergovernmental Cooperation Authority, THE PENNSYLVANIA INTERGOVERNMENTAL COOPERATION AUTHORITY, THE CITY OF PHILADELPHIA, The City of Philadelphia, (1014 in 1:11-md-02262-NRB, 93 in 1:12-cv-05822-NRB) Notice of Appeal,,,,,,, filed by 33-35 Green Pond Road Associates, LLC, (1044 in 1:11-md-02262-NRB, 92 in 1:13-cv-00346-NRB) Notice of Interlocutory Appeal, filed by Guaranty Bank & Trust Company, (1058 in 1:11-md-02262-NRB) Notice of Interlocutory Appeal, filed by Salix Capital US Inc., (429 in 1:11-md-02262-NRB) Notice of Appeal,,,, filed by Schwab Advisor Cash Reserves, Schwab Short-Term Bond Market Fund, Schwab Value Advantage Money Fund, The Charles Schwab Corporation, Schwab Retirement Advantage Money Fund, Schwab Total Bond Market Fund, Schwab Yieldplus Fund, Schwab Cash Reserves, Schwab Investor Money Fund, Charles Schwab & Co., Inc., Schwab U.S. Dollar Liquid Assets Fund, Schwab Yieldplus Fund Liquidation Trust, Charles Schwab Bank, N.A., Schwab Money Market Fund, (252 in 1:11-cv-02613-NRB, 1016 in 1:11-md-02262-NRB) Notice of Appeal,, filed by 303030 Trading LLC, 303030 Trading, LLC, FTC Futures Fund PCC Ltd, Atlantic Trading USA, LLC, Gary Francis, Metzler Investment GmbH, Nathaniel Haynes, FTC Futures Fund SICAV, (1119 in 1:11-md-02262-NRB) Notice of Interlocutory Appeal,, filed by 303 Proprietary Trading LLC, Randall Williams, John Henderson, Nicholas Pesa, michael cahill, Scott Federighi, David Klusendorf, Brian Haggerty, Norman Byster, David Vecchione, Robert Furlong, Joseph Amabile, Christopher Lang, Richard Deogracias, Ronald Krug, Philip Olson, John Monckton, Michael Cahill, David Gough, norman byster, Louie Amabile, Marc Federighi, Eduardo Restani, Margery Teller, Brett Pankau USCA Case Number 13-3565(L). Plaintiffsappellants, comprising individuals and entities that held diverse financial instruments, allege that the defendant banks colluded to depress a benchmark incorporated into those instruments, thereby decreasing the instruments' financial returns in violation of Section One of the Sherman Act. The United States District Court for the Southern District of New York (Buchwald, J.) dismissed the lawsuit for failure to allege antitrust injury. We vacate the judgment and remand for further proceedings consistent with this opinion. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 05/23/2016. Filed In Associated Cases: 1:11-md-02262-NRB et al.(nd) (Entered: 05/25/2016)
LETTER RESPONSE in Opposition to Motion addressed to Judge Naomi Reice Buchwald from David E. Kovel, Christopher Lovell, Seth Ard, Hilary K. Scherrer, and Jeremy A. Lieberman dated May 20, 2016 re: (1397 in 1:11-md-02262-NRB) LETTER MOTION for Conference (to request a pre-motion discovery conference to seek leave to move to quash) addressed to Judge Naomi Reice Buchwald from Steven Wolowitz dated April 29, 2016. . Document filed by Direcors Financial Group, Direcors Financial Group, 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, The Berkshire Bank, The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated), 303030 Trading LLC, Directors Financial Group(individually), Directors Financial Group(on behalf of all others similarly situated), Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated ). Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Kovel, David) (Entered: 05/20/2016)
LETTER addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated May 20, 2016 re: in response to Defendants May 2, 2016 letter (ECF No. 1398). Document filed by Direcors Financial Group, The Berkshire Bank, Direcors Financial Group, Directors Financial Group(individually), The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated ).Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Lieberman, Jeremy) (Entered: 05/20/2016)
LETTER MOTION for Conference Requesting Pre-Motion Conference Regarding Secured Transaction Data addressed to Judge Naomi Reice Buchwald from William Carmody dated 05/19/2016. Document filed by Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB, 1:12-cv-05723-NRB, 1:13-cv-00598-NRB, 1:13-cv-01016-NRB(Carmody, William) (Entered: 05/19/2016)
AMENDED STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Naomi Reice Buchwald on 5/11/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al., Pursuant to instructions from Chambers. (mro) Modified on 5/13/2016 (mro). (Entered: 05/12/2016)
LETTER MOTION for Leave to File a motion to strike the class and conspiracy allegations in the Lender Plaintiffs' Second Amended Consolidated Class Action Complaint. addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated May 2, 2016. Document filed by Bank of America Corporation, Bank of America, N.A., Citibank, N.A., Citigroup, Inc., JPMorgan Chase & Co., JPMorgan Chase Bank, National Association, UBS AG, Bank of America Corporation, Bank of America N.A., Citibank N.A., Citigroup Inc., Bank Of America Corporation, Bank of America, N.A., Citigroup Inc, J.P. Morgan Chase & Co..Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Burke, Arthur) (Entered: 05/02/2016)
MEMORANDUM AND ORDER: in case 1:11-cv-02613-NRB; terminating (1349) Letter Motion for Discovery; terminating (1353) Letter Motion for Discovery in case 1:11-md-02262-NRB. Finally, with respect to the interdealer broker defendants,ICAP plc, ICAP Europe Limited, and Tullet Prebon plc, plaintiffs have not pleaded any facts indicating that these defendants engaged in any suit-related conduct in or directed towards the United States with respect to persistent suppression claims. Rather, plaintiffs only allege broadly that these defendants have significant operations in the United States, which, without more, is insufficient to subject these defendants to the jurisdiction of this Court. Therefore, Commodity Exchange Act and fraud claims based on persistent suppression are dismissed as to the following defendants in the listed cases: (see page 11 on Memorandum and Order). The remaining jurisdictional disputes regarding the Direct Action Plaintiffs' claims will be resolved in a forthcoming Memorandum and Order. This Memorandum and Order terminates docket nos. 1339, 1349, and 1353. IT IS SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 4/28/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al. (ama) (Entered: 04/29/2016)
MEMORANDUM AND ORDER re: (127 in 1:13-cv-01016-NRB, 149 in 1:12-cv-05723-NRB) LETTER MOTION for Leave to File Second Amended Complaint addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated 12/09/2015 filed by The Berkshire Bank, (1159 in 1:11-md-02262-NRB, 292 in 1:11-cv-02613-NRB) LETTER MOTION for Conference Requesting Leave to File Exchange-Based Plaintiffs' Proposed Third Amended Complaint addressed to Judge Naomi Reice Buchwald from David E. Kovel and Christopher Lovell dated June 29, 2015. filed by 303030 Trading LLC, 303030 Trading, LLC, FTC Futures Fund PCC Ltd, Atlantic Trading USA, LLC, Metzler Investment GmbH, Gary Francis, Nathaniel Haynes, FTC Futures Fund SICAV., The Clerk is directed to terminate the motions listed in the appendix. The OTC Plaintiffs are granted leave to amend their consolidated complaint to include claims of TCEH against Barclays and Citibank and claims of SEIU against Royal Bank of Canada. The Lender Plaintiffs are granted leave to amend their complaint to include the claims of Berkshire Bank. The Exchange Based Plaintiffs may amend their complaint consistent with the rulings herein. IT IS SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 4/14/2016) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(ama) (Entered: 04/15/2016)
LETTER addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated 04/08/2016 re: We write on behalf of plaintiff The Berkshire Bank (Berkshire), in the above-referenced actions concerning Berkshires request for a pre-motion conference to move for leave to amend the First Amended Consolidated Complaint to allege additional specificity as to damages under New York law (ECF No. 1252, 1270), and Defendants opposition thereto. ECF No. 1266.. Document filed by The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated ).Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Lieberman, Jeremy) (Entered: 04/08/2016)
ORDER REGARDING THE PRODUCTION OF DOCUMENTS SUBJECT TO FOREIGN DATA PRIVACY LAWS: NOW THEREFORE IT IS ORDERED: In resolution of this dispute, Objecting Defendants may not resist production of material produced to government regulators based upon Foreign Data Privacy Laws, except that Objecting Defendants shall be permitted to redact from any documents produced pursuant to this Order any personal confidential information not relevant to the claims in this case, including personal contact information (such as personal email addresses, home addresses, home telephone numbers, and mobile telephone numbers), statements of political opinion, information regarding a person's race, ethnicity, religious affiliation, or sexual orientation, and medical information. This Order is non-precedential and binding only on the Objecting Defendants in the context of the above-captioned actions. Nothing in this Order alters the rights, obligations, and terms provided in the Stipulation and Protective Order entered in this action on March 21, 2016 (ECF No. 1347) or the rights or obligations of any current or dismissed defendants or non-parties not named in this Order. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 3/24/2016) (ama) (Entered: 03/24/2016)
STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 3/21/2016) ***As per chambers, Filed In All Member and Related Cases: 1:11-md-02262-NRB et al.(tn) (Entered: 03/22/2016)
JOINT DISCOVERY SCHEDULING ORDER: Class Defendants' and Class Plaintiffs' June 15, 2016 transaction data discovery is substantially complete, including follow-up discovery related to transaction data and 30(b)(6) depositions. Class Plaintiffs' class certification motions due May 2, 2017. Class Defendants' answering papers due June 30, 2017.Class Plaintiffs' replies due August 5, 2017. (As further set forth in this Order.) Motions due by 5/2/2017. Responses due by 6/30/2017 Replies due by 8/5/2017. Deposition due by 6/15/2016. Discovery due by 6/15/2016. (Signed by Judge Naomi Reice Buchwald on 2/22/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al.(kgo) (Entered: 02/23/2016)
LETTER addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated February 18, 2016 re: Proposed Scheduling Order. Document filed by Bank of America Corporation, Bank of America, N.A., Citibank, N.A., Citigroup, Inc., Cooperative Centrale Raiffeisenboernleenbank B.A., Credit Suisse Group AG, Deutsche Bank AG, JPMorgan Chase & Co., JPMorgan Chase Bank, National Association, Royal Bank of Canada, UBS AG, Bank of America Corporation, Citibank NA, Citigroup Inc., Cooperatieve Centrale Raiffeisenbank B.A., Deutsche Bank AG, J.P. Morgan Chase & Co., JP Morgan Chase Bank, N.A., Bank of America Corporation, Bank of America N.A., Citibank N.A., Citigroup Inc., Cooperative Centrale Raiffeisenboerenleenbank B.A., Bank of America Corporation, Bank of America, N.A., Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A., Bank of America Corporation, Bank of America, N.A., Citibank N.A., Citigroup, Inc., Cooperative Centrale Raiffeisen-Boerenleenbank B.A., Credit Suisse Group, AG, JPMorgan Chase & Co., Royal Bank of Canada. (Attachments: # 1 Text of Proposed Order Proposed Joint Discovery Scheduling Order)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB, 1:12-cv-05723-NRB, 1:13-cv-00598-NRB, 1:13-cv-01016-NRB(Burke, Arthur) (Entered: 02/18/2016)
NOTICE of Change of Name and Amended Corporate Disclosure Statement. Document filed by Cooperative Centrale Raiffeisenboerenleenbank B.A.. (Gelfand, David) (Entered: 02/02/2016)
LETTER addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated January 29, 2016 re: in response to Defendants January 15, 2015 letter to the Court regarding the alleged damages suffered by DFG. Document filed by Direcors Financial Group(indiidually and on behalf of all others similarly situated), Direcors Financial Group.Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Lieberman, Jeremy) (Entered: 01/29/2016)
LETTER addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated January 15, 2016 re: (Redacted) Response to Directors Financial Group's December 30, 2015 Letter. Document filed by Bank of America Corporation, Bank of America, N.A., Bank of Tokyo Mitsubishi UFJ Ltd., Barclays Bank Plc,, Citibank, N.A., Citigroup, Inc., Cooperative Centrale Raiffeisenboernleenbank B.A., Credit Suisse Group AG, Deutsche Bank AG, HBOS Plc, HSBC Bank Plc, HSBC Holdings plc, JPMorgan Chase & Co., JPMorgan Chase Bank, National Association, Lloyds Banking Group plc, Royal Bank of Canada, Royal Bank of Scotland Group plc, The Norinchukin Bank, UBS AG, WestDeutsche Immobilienbank AG, WestLB AG, Bank of America Corporation, Bank of America N.A., Barklays Bank Plc, Citibank N.A., Citigroup Inc., Cooperative Centrale Raiffeisenboerenleenbank B.A., HBOS Plc., HSBC Bank Plc., HSBC Holdings plc., Lloyds Banking Group plc., Bank of America Corporation, Bank of America, N.A., Bank of Tokyo-Mitsubishi UFJ Ltd, Citigroup Inc, Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., HSBC Holding plc, J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A., The Royal Bank of Scotland Group PLC.Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Burke, Arthur) (Entered: 01/15/2016)
LETTER MOTION to Seal Document Letter Motion to Seal Response to DFG Letter Regarding Damages addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated January 15, 2016. Document filed by Bank of America Corporation, Bank of America, N.A., Bank of Tokyo Mitsubishi UFJ Ltd., Barclays Bank Plc,, Citibank, N.A., Citigroup, Inc., Cooperative Centrale Raiffeisenboernleenbank B.A., Credit Suisse Group AG, Deutsche Bank AG, HBOS Plc, HSBC Bank Plc, HSBC Holdings plc, JPMorgan Chase & Co., JPMorgan Chase Bank, National Association, Lloyds Banking Group plc, Royal Bank of Canada, Royal Bank of Scotland Group plc, The Norinchukin Bank, UBS AG, WestDeutsche Immobilienbank AG, WestLB AG, Bank of America Corporation, Bank of America N.A., Barklays Bank Plc, Citibank N.A., Citigroup Inc., Cooperative Centrale Raiffeisenboerenleenbank B.A., HBOS Plc., HSBC Bank Plc., HSBC Holdings plc., Lloyds Banking Group plc., Bank Of America Corporation, Bank of America, N.A., Bank of Tokyo-Mitsubishi UFJ Ltd, Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., HSBC Holdings, PLC, J.P. Morgan Chase & Co., JPMorgan Chase Bank N.A., JPMorgan Chase Bank National Association, The Royal Bank of Scotland Group PLC.Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Burke, Arthur) (Entered: 01/15/2016)
ORDER granting (1273) LETTER MOTION to Seal Document addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated 12/30/2015. Document filed by Directors Financial Group (individually and on behalf of all others similarly situated), Directors Financial Group in case 1:11-md-02262-NRB; granting (154) LETTER MOTION to Seal Document addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated 12/30/2015. Document filed by Directors Financial Group (individually and on behalf of all others similarly situated), Directors Financial Group in case 1:12-cv-05723-NRB; granting (132) LETTER MOTION to Seal Document addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated 12/30/2015. Document filed by Directors Financial Group (individually and on behalf of all others similarly situated), Directors Financial Group in case 1:13-cv-01016-NRB. So ordered. (Signed by Judge Naomi Reice Buchwald on 1/4/2016). Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB (rjm) (Entered: 01/04/2016)
LETTER addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated 12/30/2015 re: to put forth certain documents and information concerning loans originated and sold by DFG. Document filed by Direcors Financial Group(indiidually and on behalf of all others similarly situated), Direcors Financial Group. (Attachments: # 1 Exhibit)Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Lieberman, Jeremy) (Entered: 12/30/2015)
LETTER MOTION to Seal Document addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated 12/30/2015. Document filed by Direcors Financial Group(indiidually and on behalf of all others similarly situated), Direcors Financial Group.Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Lieberman, Jeremy) (Entered: 12/30/2015)
LETTER addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated 12/28/2015 re: response to Defendants December 23, 2015 letter (ECF No. 1266). Document filed by The Berkshire Bank, The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated ).Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Lieberman, Jeremy) (Entered: 12/28/2015)
LETTER addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated December 23, 2015 re: Opposition to the renewed request by Berkshire Bank for a Pre-Motion Conference. Document filed by Bank of America Corporation, Bank of America, N.A., Bank of Tokyo Mitsubishi UFJ Ltd., Barclays Bank Plc,, Citibank, N.A., Citigroup, Inc., Cooperative Centrale Raiffeisenboernleenbank B.A., Credit Suisse Group AG, Deutsche Bank AG, HBOS Plc, HSBC Bank Plc, HSBC Holdings plc, JPMorgan Chase & Co., JPMorgan Chase Bank, National Association, Lloyds Banking Group plc, Royal Bank of Canada, Royal Bank of Scotland Group plc, The Norinchukin Bank, UBS AG, WestDeutsche Immobilienbank AG, WestLB AG, Bank of America Corporation, Bank of America N.A., Barklays Bank Plc, Citibank N.A., Citigroup Inc., Cooperative Centrale Raiffeisenboerenleenbank B.A., HBOS Plc., HSBC Bank Plc., HSBC Holdings plc., Lloyds Banking Group plc., Bank of America Corporation, Bank of America, N.A., Bank of Tokyo-Mitsubishi UFJ Ltd, Barclays Bank PLC, Citigroup Inc, Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., HSBC Holding plc, J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A., The Royal Bank of Scotland Group PLC.Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Burke, Arthur) (Entered: 12/23/2015)
MEMO ENDORSEMENT on re: (128 in 1:13-cv-01016-NRB, 150 in 1:12-cv-05723-NRB, 1260 in 1:11-md-02262-NRB) Letter, filed by Direcors Financial Group. ENDORSEMENT: Application granted. (Signed by Judge Naomi Reice Buchwald on 12/17/2015) Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(mro) (Entered: 12/18/2015)
LETTER addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated 12/17/2015 re: to request an extension of time to file documents and information regarding loans purchased and sold by DFG as discussed during the December 7, 2014 4:30 p.m. call with the Court (the December 7 Call).. Document filed by Direcors Financial Group(indiidually and on behalf of all others similarly situated), Direcors Financial Group.Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Lieberman, Jeremy) (Entered: 12/17/2015)
LETTER MOTION for Leave to File Second Amended Complaint addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated 12/09/2015. Document filed by The Berkshire Bank. (Attachments: # 1 Supplement Proposed Second Amended Complaint)Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Lieberman, Jeremy) (Entered: 12/09/2015)
LETTER addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated November 25, 2015 re: Response to the Lender Plaintiffs' First Amended Consolidated Complaint and Pre-Motion Letter Submitted on Behalf of Berkshire Bank. Document filed by Bank of America Corporation, Bank of America, N.A., Bank of Tokyo Mitsubishi UFJ Ltd., Barclays Bank Plc,, British Bankers Association, Citibank, N.A., Citigroup, Inc., Cooperative Centrale Raiffeisenboernleenbank B.A., Credit Suisse Group AG, Deutsche Bank AG, HBOS Plc, HSBC Bank Plc, HSBC Holdings plc, JPMorgan Chase & Co., JPMorgan Chase Bank, National Association, Lloyds Banking Group plc, Royal Bank of Canada, The Norinchukin Bank, The Royal Bank of Scotland Group plc, UBS AG, WestDeutsche Immobilienbank AG, WestLB AG, BBA Enterprises, Ltd., BBA Libor, Ltd, Bank Of America Corporation, Bank of America, N.A., Bank of Tokyo-Mitsubishi UFJ Ltd, Barclays Bank PLC, Citibank N.A., Citigroup Inc, Coperatieve Centrale Raiffeisen-Boerenleenbank B.A., Credit Suisse Group, AG, HSBC Holdings plc., J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A., Norinchukin Bank, The Royal Bank of Scotland Group Plc..Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Burke, Arthur) (Entered: 11/25/2015)
LETTER addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated November 24, 2015 re: Response to the Court's November 5, 2015 Letter. Document filed by Bank of America Corporation, Bank of America, N.A., Barclays Bank Plc,, Citibank, N.A., Citigroup, Inc., Cooperative Centrale Raiffeisenboernleenbank B.A., Credit Suisse Group AG, Deutsche Bank AG, JPMorgan Chase & Co., JPMorgan Chase Bank, National Association, Royal Bank of Canada, UBS AG, Bank of America Corporation, Citibank NA, Citigroup Inc., Cooperatieve Centrale Raiffeisenbank B.A., Deutsche Bank AG, J.P. Morgan Chase & Co., JP Morgan Chase Bank, N.A., Bank of America Corporation, Bank of America N.A., Barklays Bank Plc, Citibank N.A., Citigroup Inc., Cooperative Centrale Raiffeisenboerenleenbank B.A., Bank of America Corp., Bank of America, N.A., Barclays Bank PLC, Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., Credit Suisse AG, J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A..Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB, 1:12-cv-05723-NRB, 1:13-cv-00598-NRB, 1:13-cv-01016-NRB(Burke, Arthur) (Entered: 11/24/2015)
LETTER addressed to Judge Naomi Reice Buchwald from Marc J. Gottridge dated 11/23/2015 re: The Court's 11/5/2015 Letter. Document filed by Lloyds Bank PLC (formerly known as Lloyds TSB Bank PLC), Lloyds Banking Group plc, HBOS PLC. (Attachments: # 1 Exhibit)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB, 1:12-cv-05723-NRB, 1:13-cv-00598-NRB, 1:13-cv-01016-NRB(Gottridge, Marc) (Entered: 11/23/2015)
LETTER addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated 11/17/2015 re: Pre-Motion Conference. Document filed by Direcors Financial Group(individually and on behalf of all others similarly situated), Government Development Bank for Puerto Rico, The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated ).Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Lieberman, Jeremy) (Entered: 11/17/2015)
MEMORANDUM AND ORDER terminating (242) Motion to Dismiss in case 1:11-cv-02613-NRB; terminating (950) Motion to Dismiss; granting in part and denying in part (958) Motion to Dismiss; granting (964) Motion to Dismiss; granting in part and denying in part (966) Motion to Dismiss; granting (969) Motion to Dismiss; terminating (1191) Letter Motion for Conference in case 1:11-md-02262-NRB; terminating (114) Motion to Dismiss; terminating (139) Letter Motion for Conference in case 1:12-cv-05723-NRB; terminating (108) Motion to Dismiss; terminating (111) Motion to Dismiss in case 1:13-cv-00598-NRB; terminating (95) Motion to Dismiss; terminating (118) Letter Motion for Conference in case 1:13-cv-01016-NRB; granting in part and denying in part (91) Motion to Dismiss in case 1:13-cv-01198-NRB; granting (84) Motion to Dismiss in case 1:13-cv-02343-NRB; temporarily granting in part and denying in part (75) Motion to Dismiss in case 1:13-cv-03010-NRB. The Clerk is directed to terminate the motions listed in the appendix. Weglarz and Nagel are dismissed in their entirety. The Clerk is directed to enter judgment and to report the judgment to the Judicial Panel on Multidistrict Litigation and the United States District Courts for the Northern District of Illinois (Weglarz) and the Western District of Wisconsin (Nagel). Berkshire Bank is dismissed except as to the claims of Directors Financial Group, and is dismissed as to the BBA entities. The Clerk is directed to terminate the Berkshire Bank, the Government Development Bank for Puerto Rico, the British Bankers' Association, BBA Enterprises Ltd., and BBA Libor Ltd. as parties. Payne is dismissed except as to plaintiff Riveras claims against defendant Bank of America, N.A. The Clerk is directed to terminate all other parties. The OTC Plaintiffs are granted leave to amend their consolidated complaint to include claims of SEIU (only against CSGAG or CSAG, and only for claims arising on or after May 13, 2008), Jennie Stuart Medical Center (only against Bank of America, N.A.), and Miami Children's Hospital, but not claims of TCEH or Highlander Realty. Highlander Realty is dismissed in its entirety. The Clerk is directed to enter judgment and to report the judgment to the Judicial Panel on Multidistrict Litigation and the United States District Court for the District of Massachusetts. (As further set forth in this Order.) (Signed by Judge Naomi Reice Buchwald on 11/3/2015) Filed In Associated Cases: 1:11-md-02262-NRB et al. (kgo) (Entered: 11/03/2015)
NOTICE OF APPEARANCE by Alexander Nuo Li on behalf of J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A.. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Li, Alexander) (Entered: 10/26/2015)
MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF COUNSEL. ENDORSEMENT: SO ORDERED. Attorney Jessica Lillian Brach terminated. (Signed by Judge Naomi Reice Buchwald on 10/14/2015) (tn) (Entered: 10/15/2015)
ENDORSED LETTER addressed to Judge Naomi Reice Buchwald from Jonathan D. Schiller dated 9/21/2015 re: I respectfully request that Robert B. Silver be removed as counsel of record for Defendants Barclays Capital Inc., Barclays U.S. Funding LLC, Barclays PLC, and Barclays Bank PLC in the above-captioned action and related cases. ENDORSEMENT: This application is granted. (Signed by Judge Naomi Reice Buchwald on 10/14/2015) Filed In Associated Cases: 1:11-md-02262-NRB et al. Attorney terminated only in cases he was listed in: 11md2262, 12-6693, 12-5723, 12-5822, 12-6056. (rjm) (Entered: 10/15/2015)
ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL in case 1:11-cv-02613-NRB; granting (1203) Motion to Withdraw as Attorney. IT IS HEREBY ORDERED that the motion of James D. Miller to withdraw as counsel for the RBS Defendants is granted and Mr. Miller's appearance is withdrawn as of the date of this Order. Attorney James Drew Miller terminated in case 1:11-md-02262-NRB. (Signed by Judge Naomi Reice Buchwald on 9/21/2015) Filed In Associated Cases: 1:11-md-02262-NRB et al. (spo) (Entered: 09/28/2015)
LETTER MOTION for Conference addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated September 4, 2015. Document filed by Direcors Financial Group, Government Development Bank for Puerto Rico, The Berkshire Bank.Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Lieberman, Jeremy) (Entered: 09/04/2015)
ORDER: Oral argument on the pending motions to dismiss in the cases listed in the appendix is hereby scheduled for August 20, 2015, at 10:00 A.M. (Oral Argument set for 8/20/2015 at 10:00 AM before Judge Naomi Reice Buchwald.) (Signed by Judge Naomi Reice Buchwald on 7/23/2015) ***As per chambers, Filed In 1:11-md-02262-NRB and all cases listed on Appendix.(tn) (Entered: 07/23/2015)
ORDER: Counsel in the cases listed in the appendix are directed to confer and propose a date between August 17 and 20, 2015, for oral argument on the pending motions to dismiss. Argument will be held at 10:00 A.M. (Signed by Judge Naomi Reice Buchwald on 7/20/2015) Filed In Associated Cases: 1:11-md-02262-NRB et al.(mro) (Entered: 07/21/2015)
NOTICE OF CHANGE OF ADDRESS by Sean Miles Murphy on behalf of Cooperative Centrale Raiffeisenboerenleenbank B.A.. New Address: Milbank, Tweed, Hadley & McCloy LLP, 28 Liberty Street, New York, New York, USA 10005, 212-530-5000. (Murphy, Sean) (Entered: 06/16/2015)
NOTICE OF CHANGE OF ADDRESS by Mark David Villaverde on behalf of Cooperative Centrale Raiffeisenboerenleenbank B.A.. New Address: Milbank, Tweed, Hadley & McCloy LLP, 28 Liberty Street, New York, New York, USA 10005, 212-530-5000. (Villaverde, Mark) (Entered: 06/16/2015)
NOTICE OF CHANGE OF ADDRESS by David Robert Gelfand on behalf of Cooperative Centrale Raiffeisenboerenleenbank B.A.. New Address: Milbank, Tweed, Hadley & McCloy LLP, 28 Liberty Street, New York, New York, USA 10005, 212-530-5219. (Gelfand, David) (Entered: 06/15/2015)
LETTER addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated May 28, 2015 re: Request for Consideration of Deutsche Bank Government Resolutions and Notice of Recent Authority. Document filed by The Berkshire Bank, Direcors Financial Group, Government Development Bank for Puerto Rico.Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Lieberman, Jeremy) (Entered: 05/28/2015)
REPLY MEMORANDUM OF LAW in Support re: 114 JOINT MOTION to Dismiss the Putative Class Action Complaints. . Document filed by BBA Enterprises Ltd., BBA Libor Ltd., Bank of America Corporation, Bank of America N.A., Bank of Tokyo Mitsubishi UFJ Ltd., Barklays Bank Plc, British Bankers' Association, Citibank N.A., Citigroup Inc., Cooperative Centrale Raiffeisenboerenleenbank B.A., Credit Suisse Group AG, Deutsche Bank AG, HBOS Plc., HSBC Bank Plc., HSBC Holdings plc., JPMorgan Chase & Co., JPMorgan Chase Bank, National Association, Lloyds Banking Group plc., Royal Bank of Canada, Royal Bank of Scotland Group plc, The Norinchukin Bank, UBS AG, Westdeutsche Immobilienbank AG. (Kurtzberg, Joel) (Entered: 04/03/2015)
REPLY MEMORANDUM OF LAW in Support re: (114 in 1:12-cv-05723-NRB) JOINT MOTION to Dismiss the Putative Class Action Complaints., (966 in 1:11-md-02262-NRB) JOINT MOTION to Dismiss The Putative Class Action Complaints., (95 in 1:13-cv-01016-NRB) JOINT MOTION to Dismiss the Putative Class Action Complaints. . Document filed by BBA Enterprises, Ltd., BBA Libor, Ltd, Bank Of America Corporation, Bank of America, N.A., Bank of Tokyo-Mitsubishi UFJ Ltd, Barclays Bank PLC, British Bankers Association, Citibank N.A., Citigroup Inc., Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., Credit Suisse AG, Deutsche Bank AG, HBOS PLC, HSBC Bank PLC, HSBC Holdings PLC, J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A., LLoyds Bank PLC, Norinchukin Bank, Royal Bank of Canada, The Royal Bank of Scotland Group PLC, UBS AG, WestDeutsche Immobilienbank AG, WestLB AG. Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Wise, Robert) (Entered: 03/17/2015)
LETTER addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated March 16, 2015 re: OTC plaintiffs' request to add Jennie Stuart Medical Center, Inc. as a named plaintiff. Document filed by Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 03/16/2015)
MEMORANDUM OF LAW in Opposition re: (114 in 1:12-cv-05723-NRB) JOINT MOTION to Dismiss the Putative Class Action Complaints., (966 in 1:11-md-02262-NRB) JOINT MOTION to Dismiss The Putative Class Action Complaints., (95 in 1:13-cv-01016-NRB) JOINT MOTION to Dismiss the Putative Class Action Complaints. . Document filed by Direcors Financial Group(indiidually and on behalf of all others similarly situated), Government Development Bank for Puerto Rico, The Berkshire Bank. Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Lieberman, Jeremy) (Entered: 03/02/2015)
FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #1085) MEMORANDUM OF LAW in Opposition re: (969 in 1:11-md-02262-NRB) MOTION to Dismiss Weglarz first consolidated complaint (EFC Doc. No. 835). . Document filed by Direcors Financial Group(individually and on behalf of all others similarly situated), Government Development Bank for Puerto Rico, The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated ). Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Lieberman, Jeremy) Modified on 3/3/2015 (lb). (Entered: 02/27/2015)
MEMORANDUM OF LAW in Opposition re: (966 in 1:11-md-02262-NRB) JOINT MOTION to Dismiss The Putative Class Action Complaints. . Document filed by Direcors Financial Group(individually and on behalf of all others similarly situated), Government Development Bank for Puerto Rico, The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated ). Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Lieberman, Jeremy) (Entered: 02/27/2015)
Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Oral Argument held on 2/5/2015 re: (752 in 1:11-md-02262-NRB) MOTION to Dismiss . NOTICE OF DEFENDANT SOCIETE GENERALE'S MOTION TO DISMISS THE INDIVIDUAL PLAINTIFFS' AMENDED COMPLAINTS. filed by Societe Generale, (743 in 1:11-md-02262-NRB) MOTION to Dismiss Direct Action Claims. filed by The Bank of Tokyo-Mitsubishi UFJ, Ltd., Barclays Capital Inc., Bank of America Corporation, Deutsche Bank Securities Inc., Citibank, N.A., Credit Suisse Securities (USA) LLC, Credit Suisse International, Credit Suisse AG, HSBC Bank PLC, HSBC Holdings PLC, Portigon AG, HBOS plc, J.P. Morgan Securities, LLC, JPMorgan Chase Bank N.A., The Royal Bank of Scotland plc, HSBC Securities (USA) Inc., J.P. Morgan Bank Dublin PLC, HSBC Bank plc, RBS Citizens, N.A., BBA Enterprises, Ltd., Barclays PLC, Merrill Lynch & Co., UBS Securities LLC, Merrill Lynch Capital Services, Inc., The Hongkong and Shanghai Banking Corporation, Ltd., CITI SWAPCO INC., Credit Suisse Group AG, The Norinchukin Bank, WestDeutsche Immobilienbank AG, RBS Securities, Inc., J.P. Morgan Markets Ltd., RBC Capital Markets, LLC, Royal Bank of Canada, HSBC Bank USA, N.A., UBS AG, Merrill Lynch International Bank, Ltd., BBA Libor, Ltd., HBOS PLC, HSBC USA Inc., Chase Bank USA, N.A., HSBC Finance Corp., Citigroup Global Markets, Inc., Deutsche Bank AG, Barclays Bank plc, British Bankers Association, Lloyds Bank PLC (formerly known as Lloyds TSB Bank PLC), Citigroup Global Markets Limited, Citigroup Funding Inc., Credit Suisse (USA) Inc., Banc of America Securities LLC, Merrill Lynch, Pierce, Fenner & Smith, Inc., Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., The Royal Bank of Scotland Group plc, Lloyds Banking Group plc, JPMorgan Chase & Co., HSBC Holdings plc, Societe Generale, Bank of America, N.A., HBOS Plc, Citigroup, Inc., Lloyds Banking Group PLC, Citigroup Financial Products, Inc.. Associated Cases: 1:11-md-02262-NRB et al.(Harris, Karen) (Entered: 02/26/2015)
AMENDED NOTICE OF APPEAL re: (174 in 1:13-cv-07005-NRB, 99 in 1:12-cv-01025-NRB, 75 in 1:11-cv-03128-NRB, 153 in 1:13-cv-05187-NRB, 114 in 1:14-cv-03094-NRB, 156 in 1:13-cv-05616-NRB, 128 in 1:13-cv-07394-NRB, 76 in 1:11-cv-02883-NRB, 170 in 1:11-cv-06411-NRB, 54 in 1:11-cv-07676-NRB, 153 in 1:13-cv-05186-NRB, 105 in 1:13-cv-01016-NRB, 161 in 1:13-cv-00667-NRB, 114 in 1:14-cv-01757-NRB, 97 in 1:13-cv-07720-NRB, 1019 in 1:11-md-02262-NRB, 160 in 1:13-cv-00626-NRB, 89 in 1:11-cv-05640-NRB, 161 in 1:13-cv-00625-NRB, 75 in 1:12-cv-06693-NRB, 37 in 1:14-cv-07720-NRB, 76 in 1:11-cv-05928-NRB, 82 in 1:13-cv-03010-NRB, 60 in 1:12-cv-04205-NRB, 70 in 1:14-cv-04189-NRB, 95 in 1:13-cv-00398-NRB, 98 in 1:13-cv-06020-NRB, 89 in 1:13-cv-02343-NRB, 175 in 1:11-cv-06412-NRB, 75 in 1:11-cv-05929-NRB, 253 in 1:11-cv-02613-NRB, 70 in 1:13-cv-01456-NRB, 95 in 1:13-cv-00407-NRB, 80 in 1:13-cv-05511-NRB, 162 in 1:13-cv-00597-NRB, 123 in 1:13-cv-00598-NRB, 70 in 1:11-cv-05927-NRB, 165 in 1:11-cv-06409-NRB, 65 in 1:11-cv-05930-NRB, 54 in 1:11-cv-07715-NRB, 89 in 1:13-cv-00346-NRB, 126 in 1:13-cv-08644-NRB, 102 in 1:13-cv-01135-NRB, 122 in 1:13-cv-06013-NRB, 71 in 1:13-cv-08799-NRB, 194 in 1:13-cv-02297-NRB, 160 in 1:13-cv-00627-NRB, 97 in 1:11-cv-05638-NRB, 146 in 1:13-cv-05221-NRB, 95 in 1:12-cv-05822-NRB, 74 in 1:12-cv-07461-NRB, 85 in 1:12-cv-06056-NRB, 122 in 1:13-cv-06014-NRB, 79 in 1:11-cv-05931-NRB, 98 in 1:13-cv-01198-NRB, 76 in 1:11-cv-03249-NRB, 146 in 1:13-cv-05569-NRB, 155 in 1:13-cv-03952-NRB, 103 in 1:11-cv-05641-NRB, 124 in 1:12-cv-05723-NRB) Corrected Notice of Appeal,,,,,,, (1024 in 1:11-md-02262-NRB, 96 in 1:13-cv-00398-NRB, 90 in 1:13-cv-00346-NRB, 96 in 1:12-cv-05822-NRB, 254 in 1:11-cv-02613-NRB, 76 in 1:12-cv-06693-NRB, 104 in 1:13-cv-01135-NRB) Clerk's Judgment,,,,. Document filed by Mayor and City Council of Baltimore. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 02/20/2015)
CORRECTED NOTICE OF APPEAL re: (127 in 1:13-cv-07394-NRB, 164 in 1:11-cv-06409-NRB, 152 in 1:13-cv-05186-NRB, 160 in 1:13-cv-00625-NRB, 96 in 1:11-cv-05638-NRB, 69 in 1:11-cv-05927-NRB, 145 in 1:13-cv-05569-NRB, 97 in 1:13-cv-01198-NRB, 251 in 1:11-cv-02613-NRB, 145 in 1:13-cv-05221-NRB, 173 in 1:13-cv-07005-NRB, 154 in 1:13-cv-03952-NRB, 73 in 1:12-cv-06693-NRB, 88 in 1:13-cv-02343-NRB, 94 in 1:13-cv-00398-NRB, 94 in 1:12-cv-05822-NRB, 155 in 1:13-cv-05616-NRB, 169 in 1:11-cv-06411-NRB, 125 in 1:13-cv-08644-NRB, 81 in 1:13-cv-03010-NRB, 59 in 1:12-cv-04205-NRB, 1015 in 1:11-md-02262-NRB, 159 in 1:13-cv-00626-NRB, 69 in 1:14-cv-04189-NRB, 88 in 1:13-cv-00346-NRB, 161 in 1:13-cv-00597-NRB, 152 in 1:13-cv-05187-NRB, 79 in 1:13-cv-05511-NRB, 113 in 1:14-cv-01757-NRB, 121 in 1:13-cv-06013-NRB, 72 in 1:11-cv-03128-NRB, 101 in 1:13-cv-01135-NRB, 84 in 1:12-cv-06056-NRB, 36 in 1:14-cv-07720-NRB, 98 in 1:12-cv-01025-NRB, 122 in 1:13-cv-00598-NRB, 88 in 1:11-cv-05640-NRB, 70 in 1:13-cv-08799-NRB, 69 in 1:13-cv-01456-NRB, 123 in 1:12-cv-05723-NRB, 73 in 1:11-cv-02883-NRB, 113 in 1:14-cv-03094-NRB, 51 in 1:11-cv-07715-NRB, 53 in 1:11-cv-07676-NRB, 102 in 1:11-cv-05641-NRB, 121 in 1:13-cv-06014-NRB, 94 in 1:13-cv-00407-NRB, 78 in 1:11-cv-05931-NRB, 73 in 1:12-cv-07461-NRB, 104 in 1:13-cv-01016-NRB, 64 in 1:11-cv-05930-NRB, 174 in 1:11-cv-06412-NRB, 75 in 1:11-cv-05928-NRB, 159 in 1:13-cv-00627-NRB, 74 in 1:11-cv-05929-NRB, 193 in 1:13-cv-02297-NRB, 73 in 1:11-cv-03249-NRB, 97 in 1:13-cv-06020-NRB, 160 in 1:13-cv-00667-NRB, 96 in 1:13-cv-07720-NRB) Notice of Appeal, (71 in 1:12-cv-06693-NRB, 1008 in 1:11-md-02262-NRB, 99 in 1:13-cv-01135-NRB, 86 in 1:13-cv-00346-NRB, 249 in 1:11-cv-02613-NRB, 92 in 1:13-cv-00398-NRB, 91 in 1:12-cv-05822-NRB) Order,,,, (250 in 1:11-cv-02613-NRB) Clerk's Judgment,,,,. Document filed by Mayor and City Council of Baltimore. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 02/13/2015)
FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF APPEAL. Document filed by Mayor and City Council of Baltimore. Filing fee $ 505.00, receipt number 0208-10592956. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) Modified on 2/13/2015 (tp). (Entered: 02/12/2015)
LETTER addressed to Judge Naomi Reice Buchwald from Robert F. Wise dated 01/16/2015 re: Pursuant to Rule 2.E.1 of Your Honor's Individual practices in Connection with Defendants' Motion to Dismiss ARM and Lender Class Action Complaint. Document filed by BBA Enterprises Ltd., BBA Libor Ltd., Bank of America Corporation, Bank of America N.A., Bank of Tokyo Mitsubishi UFJ Ltd., Barklays Bank Plc, British Bankers' Association, Citibank N.A., Citigroup Inc., Cooperative Centrale Raiffeisenboerenleenbank B.A., Credit Suisse Group AG, Deutsche Bank AG, HBOS Plc., HSBC Bank Plc., HSBC Holdings plc., JPMorgan Chase & Co., JPMorgan Chase Bank, National Association, Lloyds Banking Group plc., Royal Bank of Canada, The Norinchukin Bank, The Royal Bank of Scotland Group Plc., UBS AG, Westdeutsche Immobilienbank AG.(Wise, Robert) (Entered: 01/17/2015)
MEMORANDUM OF LAW in Support re: 114 JOINT MOTION to Dismiss the Putative Class Action Complaints. . Document filed by BBA Enterprises Ltd., BBA Libor Ltd., Bank of America Corporation, Bank of America N.A., Bank of Tokyo Mitsubishi UFJ Ltd., Barklays Bank Plc, British Bankers' Association, Citibank N.A., Citigroup Inc., Cooperative Centrale Raiffeisenboerenleenbank B.A., Credit Suisse Group AG, Deutsche Bank AG, HSBC Bank Plc., HSBC Holdings plc., JPMorgan Chase & Co., JPMorgan Chase Bank, National Association, Lloyds Banking Group plc., Royal Bank of Canada, Royal Bank of Scotland Group plc, The Norinchukin Bank, UBS AG, Westdeutsche Immobilienbank AG. (Attachments: # 1 Appendix, # 2 Appendix)(Kurtzberg, Joel) (Entered: 01/16/2015)
DECLARATION of Joel Kurtzberg in Support re: 114 JOINT MOTION to Dismiss the Putative Class Action Complaints.. Document filed by BBA Enterprises Ltd., BBA Libor Ltd., Bank of America Corporation, Bank of America N.A., Bank of Tokyo Mitsubishi UFJ Ltd., Barklays Bank Plc, British Bankers' Association, Citibank N.A., Citigroup Inc., Cooperative Centrale Raiffeisenboerenleenbank B.A., Credit Suisse Group AG, Deutsche Bank AG, HSBC Bank Plc., HSBC Holdings plc., JPMorgan Chase & Co., JPMorgan Chase Bank, National Association, Lloyds Banking Group plc., Royal Bank of Canada, Royal Bank of Scotland Group plc, The Norinchukin Bank, UBS AG, Westdeutsche Immobilienbank AG. (Attachments: # 1 Exhibit 1-7, # 2 Exhibit 8, # 3 Exhibit 9-16, # 4 Exhibit 17-24)(Kurtzberg, Joel) (Entered: 01/16/2015)
MEMORANDUM OF LAW in Support re: 114 JOINT MOTION to Dismiss the Putative Class Action Complaints. . Document filed by BBA Enterprises Ltd., BBA Libor Ltd., Bank of America Corporation, Bank of America N.A., Bank of Tokyo Mitsubishi UFJ Ltd., Barklays Bank Plc, British Bankers' Association, Citibank N.A., Citigroup Inc., Cooperative Centrale Raiffeisenboerenleenbank B.A., Credit Suisse Group AG, Deutsche Bank AG, HBOS Plc., HSBC Bank Plc., HSBC Holdings plc., JPMorgan Chase & Co., JPMorgan Chase Bank, National Association, Lloyds Banking Group plc., Royal Bank of Canada, The Norinchukin Bank, The Royal Bank of Scotland Group Plc., UBS AG, WestLB AG, Westdeutsche Immobilienbank AG. (Wise, Robert) (Entered: 01/16/2015)
JOINT MOTION to Dismiss the Putative Class Action Complaints. Document filed by BBA Enterprises Ltd., BBA Libor Ltd., Bank of America Corporation, Bank of America N.A., Bank of Tokyo Mitsubishi UFJ Ltd., Barklays Bank Plc, British Bankers' Association, Citibank N.A., Citigroup Inc., Cooperative Centrale Raiffeisenboerenleenbank B.A., Credit Suisse Group AG, Deutsche Bank AG, HBOS Plc., HSBC Bank Plc., HSBC Holdings plc., JPMorgan Chase & Co., JPMorgan Chase Bank, National Association, Lloyds Banking Group plc., Royal Bank of Canada, The Norinchukin Bank, The Royal Bank of Scotland Group Plc., UBS AG, Westdeutsche Immobilienbank AG. (Attachments: # 1 Schedule A)(Wise, Robert) (Entered: 01/16/2015)
NOTICE OF APPEARANCE by Mark David Villaverde on behalf of Cooperative Centrale Raiffeisenboerenleenbank B.A.. (Villaverde, Mark) (Entered: 01/16/2015)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Mitsubishi UFJ Financial Group Inc for Bank of Tokyo Mitsubishi UFJ Ltd.. Document filed by Bank of Tokyo Mitsubishi UFJ Ltd..(Libow, Daryl) (Entered: 01/16/2015)
REPLY MEMORANDUM OF LAW in Support re: (743 in 1:11-md-02262-NRB) MOTION to Dismiss Direct Action Claims. Fraud and Related Claims. Document filed by Barclays Bank PLC, Barclays Capital Inc., Barclays PLC. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Scott, Jeffrey) (Entered: 12/23/2014)
NOTICE OF APPEARANCE by Richard David Owens on behalf of BBA Enterprises Ltd., BBA Libor Ltd., British Bankers' Association. Filed In Associated Cases: 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Owens, Richard) (Entered: 12/23/2014)
NOTICE OF APPEARANCE by Lilia Borislavova Vazova on behalf of BBA Enterprises Ltd., BBA Libor Ltd., British Bankers Association. Filed In Associated Cases: 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Vazova, Lilia) (Entered: 12/23/2014)
NOTICE OF APPEARANCE by Jeff G. Hammel on behalf of BBA Enterprises Ltd., BBA Libor Ltd., British Bankers' Association. Filed In Associated Cases: 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Hammel, Jeff) (Entered: 12/23/2014)
NOTICE OF APPEARANCE by Robert G. Houck on behalf of The Royal Bank of Scotland Group Plc.. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Houck, Robert) (Entered: 12/19/2014)
NOTICE OF CHANGE OF ADDRESS by Alan M. Wiseman on behalf of Citibank, N.A., Citigroup Global Markets, Inc., Citigroup, Inc.. New Address: Covington & Burling LLP, One CityCenter, 850 10th St., NW, Washington, DC, U.S.A. 20001-4956, 202-662-5069. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Wiseman, Alan) (Entered: 12/12/2014)
NOTICE OF CHANGE OF ADDRESS by Thomas A. Isaacson on behalf of Citibank, N.A., Citigroup Global Markets, Inc., Citigroup, Inc.. New Address: Covington & Burling LLP, One CityCenter, 850 10th St., NW, Washington, DC, U.S.A. 20001-4956, 202-622-5082. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Isaacson, Thomas) (Entered: 12/12/2014)
NOTICE OF CHANGE OF ADDRESS by Jonathan James Gimblett on behalf of Citibank, N.A., Citigroup Global Markets, Inc., Citigroup, Inc.. New Address: Covington & Burling LLP, One CityCenter, 850 10th St., NW, Washington, DC, U.S.A. 20001-4956, 202-662-5457. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Gimblett, Jonathan) (Entered: 12/12/2014)
MEMO ENDORSEMENT on re: (826 in 1:11-md-02262-NRB) Letter, filed by The Bank of Tokyo-Mitsubishi UFJ, Ltd., Barclays Capital Inc., Deutsche Bank Securities Inc., Credit Suisse Securities (USA) LLC, Credit Suisse International, Credit Suisse AG, HSBC Bank PLC, HSBC Holding plc, Portigon AG, HBOS plc, J.P. Morgan Securities, LLC, JPMorgan Chase Bank N.A., The Royal Bank of Scotland plc, HSBC Securities (USA) Inc., J.P. Morgan Bank Dublin PLC, HSBC Bank plc, RBS Citizens, N.A., BBA Enterprises, Ltd., Barclays PLC, Bank Of America Corporation, Merrill Lynch & Co., Citibank N.A., UBS Securities LLC, Merrill Lynch Capital Services, Inc., The Hongkong and Shanghai Banking Corporation, Ltd., CITI SWAPCO INC., Credit Suisse Group AG, The Norinchukin Bank, WestDeutsche Immobilienbank AG, RBS Securities, Inc., J.P. Morgan Markets Ltd., RBC Capital Markets, LLC, JPMorgan Chase & Co, Royal Bank of Canada, HSBC Bank USA, N.A., UBS AG, Merrill Lynch International Bank, Ltd., HBOS PLC, HSBC USA Inc., Chase Bank USA, N.A., HSBC Finance Corp., Citigroup Global Markets, Inc., Deutsche Bank AG, Barclays Bank plc, British Bankers Association, Lloyds Bank PLC (formerly known as Lloyds TSB Bank PLC), Citigroup Global Markets Limited, Citigroup Funding Inc., Credit Suisse (USA) Inc., Banc of America Securities LLC, Merrill Lynch, Pierce, Fenner & Smith, Inc., Citigroup Inc, Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., The Royal Bank of Scotland Group plc, Lloyds Banking Group plc, Societe Generale, Bank of America, N.A., BBA Libor, Ltd, HBOS Plc, Lloyds Banking Group PLC, Citigroup Financial Products, Inc. ENDORSEMENT: So Ordered. (Motions due by 1/16/2015. Responses due by 2/27/2015, Replies due by 3/17/2015.) (Signed by Judge Naomi Reice Buchwald on 12/4/2014) Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-00598-NRB, 1:13-cv-01198-NRB, 1:13-cv-03010-NRB(ajs) (Entered: 12/04/2014)
NOTICE of. Document filed by Direcors Financial Group, Government Development Bank for Puerto Rico, The Berkshire Bank, The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated). (Attachments: # 1 CORRECTED CONSOLIDATED SECOND AMENDED CLASS ACTION COMPLAINT)Filed In Associated Cases: 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Lieberman, Jeremy) (Entered: 11/19/2014)
REQUEST FOR ISSUANCE OF SUMMONS as to, re: 82 Amended Complaint,,. Document filed by Direcors Financial Group, Government Development Bank for Puerto Rico, The Berkshire Bank, The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated). (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(Lieberman, Jeremy) (Entered: 11/13/2014)
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR SECOND AMENDED COMPLAINT amending 19 Amended Complaint,,, 1 Complaint,, against British Bankers' Association, BBA Enterprises Ltd., BBA Libor Ltd..Document filed by The Berkshire Bank, Direcors Financial Group, Government Development Bank for Puerto Rico, The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated). Related document: 19 Amended Complaint,,, filed by Government Development Bank for Puerto Rico, The Berkshire Bank, 1 Complaint,, filed by The Berkshire Bank.(Lieberman, Jeremy) Modified on 11/14/2014 (cde). (Entered: 11/13/2014)
NOTICE OF APPEARANCE by Michael Jonathan Wernke on behalf of Direcors Financial Group(indiidually and on behalf of all others similarly situated), Government Development Bank for Puerto Rico, The Berkshire Bank. Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Wernke, Michael) (Entered: 11/05/2014)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 10/27/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:11-md-02262-NRB et al.(McGuirk, Kelly) (Entered: 11/04/2014)
TRANSCRIPT of Proceedings re: HEARING held on 10/27/2014 before Judge Naomi Reice Buchwald. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/1/2014. Redacted Transcript Deadline set for 12/8/2014. Release of Transcript Restriction set for 2/5/2015.Filed In Associated Cases: 1:11-md-02262-NRB et al.(McGuirk, Kelly) (Entered: 11/04/2014)
ORDER: The Order dated on October 14, 2014 (ECF No. 691) was posted entirely in error. The Court regrets the confusion caused by this error. The subject of the the conference to be held on October 27, 2014, is, as our Endorsement of October 21, 2014, made clear, strictly limited to the proposed settlement between the Exchange-Based Plaintiffs and Barclays. The Court intends to address the motions already scheduled and the anticipated motions addressed to the newly defined putative classes before commencing any discovery. (Signed by Judge Naomi Reice Buchwald on 10/23/2014) Filed In Associated Cases: 1:11-md-02262-NRB et al, pursuant to instructions from Chambers. (mro) (Entered: 10/23/2014)
MEMO ENDORSEMENT on re: (695 in 1:11-md-02262-NRB) LETTER MOTION for Conference re: (691) Order on Motion for Conference addressed to Judge Naomi Reice Buchwald from Direct Action Plaintiffs dated 10/21/14 filed by Direct Action Plaintiffs. ENDORSEMENT: The agenda for The conference scheduled for October 27, 2014 is strictly limited to The Proposed Settlement between The Exchange-Based Plaintiffs and to address certain questions that The Court has about The Proposed Settlement. (Signed by Judge Naomi Reice Buchwald on 10/21/2014) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ama) (Entered: 10/21/2014)
MEMORANDUM AND ORDER. The motions to designate interim class counsel are granted, with the modification that interim counsel in Berkshire Bank and Directors Financial shall not represent any persons for claims that fall within the scope of the existing class of OTC Plaintiffs. Berkshire Bank and Directors Financial are consolidated for all purposes, including trial. The parties in Adams will continue to be bound by our broad-based, substantive rulings. Plaintiffs shall file amended complaints within thirty days of this order. The parties shall also propose a briefing schedule for motions to dismiss the amended complaints. IT IS SO ORDERED. Granting (640) Motion; Granting (641) Motion to Appoint Counsel; Granting (644) Motion to Appoint Counsel; Granting (644) Motion to Consolidate Cases; Granting (644) Motion to Appoint Counsel; Granting (644) Motion to Consolidate Cases; Granting (644) Motion to Appoint Counsel; Granting (644) Motion to Consolidate Cases; Granting (647) Motion to Appoint Counsel in case 1:11-md-02262-NRB; Granting (68) Motion to Appoint Counsel; Granting (68) Motion to Consolidate Cases; Granting (68) Motion to Appoint Counsel; Granting (68) Motion to Consolidate Cases; Granting (68) Motion to Appoint Counsel; Granting (68) Motion to Consolidate Cases in case 1:12-cv-05723-NRB; Granting (68) Motion to Appoint Counsel in case 1:13-cv-00407-NRB; Granting (48) Motion to Appoint Counsel; Granting (48) Motion to Consolidate Cases; Granting (48) Motion to Appoint Counsel; Granting (48) Motion to Consolidate Cases; Granting (48) Motion to Appoint Counsel; Granting (48) Motion to Consolidate Cases in case 1:13-cv-01016-NRB. (Signed by Judge Naomi Reice Buchwald on 10/14/2014) Filed In Associated Cases: 1:11-md-02262-NRB et al. (All Cases as per Chambers) (rjm) (Entered: 10/14/2014)
ORDER. Counsel for OTC Plaintiffs, Exchange-Based Plaintiffs, and defendants are directed to appear for a Rule 26(f) conference at the time and place listed below, and are directed to confer. Conference will be held on October 27, 2014, at 3:00 P.M., at the United States Court House, 500 Pearl Street, New York, New York, in Courtroom 21A. IT IS SO ORDERED. Granting (211) Letter Motion for Conference re: (211 in 1:11-cv-02613-NRB, 680 in 1:11-md-02262-NRB) LETTER MOTION for Conference addressed to Judge Naomi Reice Buchwald from Christopher Lovell & David Kovel dated 10/8/14. (Status Conference set for 10/27/2014 at 03:00 PM in Courtroom 21A, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Naomi Reice Buchwald.) in case 1:11-cv-02613-NRB; Granting (680) Letter Motion for Conference (Status Conference set for 10/27/2014 at 03:00 PM in Courtroom 21A, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Naomi Reice Buchwald.) in case 1:11-md-02262-NRB in case 1:11-cv-02613-NRB. (Signed by Judge Naomi Reice Buchwald on 10/14/2014) Filed In Associated Cases: 1:11-md-02262-NRB et al. (All Cases as per Chambers) (rjm) (Entered: 10/14/2014)
REPLY to Response to Motion re: (647 in 1:11-md-02262-NRB) MOTION to Appoint Counsel . . Document filed by Kenneth W. Coker, Carl A. Payne. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Alberstone, Daniel) (Entered: 10/13/2014)
ORDER. It is ORDERED that the All Defendants Complaints are hereby deemed accepted; and further ORDERED that the clerk shall accept future filings in this multi-district litigation and related cases notwithstanding that the filings are marked as pertaining to "all defendants." (Signed by Judge Naomi Reice Buchwald on 10/9/2014) Filed In Associated Cases: 1:11-md-02262-NRB et al. (All Cases as per Chambers) (rjm) (Entered: 10/09/2014)
ORDER. It is hereby ORDERED that the City of Philadelphia's amended complaint of October 7, 2014, be deemed timely, and that the Regents of the University of California (and related plaintiffs) and the City of Houston have leave to re-file their amended complaints on or before October 9, 2014. (Amended Pleadings due by 10/9/2014.) (Signed by Judge Naomi Reice Buchwald on 10/8/2014) Filed In Associated Cases: 1:11-md-02262-NRB et al. (All cases as per Chambers) (rjm) (Entered: 10/08/2014)
ORDER. This Order responds to defendants' letter of August 13, 2014 (ECF No. 590) and the OTC plaintiffs' responsive letter of August 20, 2014 (ECF No. 627). Having reviewed those letters, our decision in LIBOR III, and previous filings cited by the parties, we hereby amend our decision in LIBOR III to clarify that the OTC plaintiffs' claims for breach of contract and unjust enrichment survive against Credit Suisse International ("CSI") but not against Credit Suisse Group AG ("CSGAG"). This clarification is appropriate because LIBOR III unambiguously held that claims against non-counterparty defendants, such as CSGAG, fail to meet the standing requirements of Article III. See slip op. at 67. However, we ambiguously listed "Credit Suisse" as a contracting defendant against whom the OTC plaintiffs had stated a claim. See id. at 57, 67. Had we been more precise, we would have stated that the OTC plaintiffs' claims survive against CSI-and not against CSGAG-because the OTC plaintiffs alleged only that one of the OTC plaintiffs had contracted with CSI. See Second Cons. Am. Compl. paragraph 386, ECF No. 406. (Signed by Judge Naomi Reice Buchwald on 10/8/2014) Filed In Associated Cases: 1:11-md-02262-NRB et al. (All cases as per Chambers) (rjm) (Entered: 10/08/2014)
DECLARATION in Support re: (644 in 1:11-md-02262-NRB, 644 in 1:11-md-02262-NRB, 644 in 1:11-md-02262-NRB, 644 in 1:11-md-02262-NRB, 644 in 1:11-md-02262-NRB, 644 in 1:11-md-02262-NRB, 68 in 1:12-cv-05723-NRB, 68 in 1:12-cv-05723-NRB, 68 in 1:12-cv-05723-NRB, 68 in 1:12-cv-05723-NRB, 68 in 1:12-cv-05723-NRB, 68 in 1:12-cv-05723-NRB, 48 in 1:13-cv-01016-NRB, 48 in 1:13-cv-01016-NRB, 48 in 1:13-cv-01016-NRB, 48 in 1:13-cv-01016-NRB, 48 in 1:13-cv-01016-NRB, 48 in 1:13-cv-01016-NRB) MOTION to Appoint Counsel Appointment of Interim Class Counsel and Consolidation of All Related Cases. MOTION to Consolidate Cases .. Document filed by Direcors Financial Group, Government Development Bank for Puerto Rico, The Berkshire Bank. (Attachments: # 1 Exhibit A - Firm Resume)Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Lieberman, Jeremy) (Entered: 09/15/2014)
MEMORANDUM OF LAW in Support re: (644 in 1:11-md-02262-NRB, 644 in 1:11-md-02262-NRB, 644 in 1:11-md-02262-NRB, 644 in 1:11-md-02262-NRB, 644 in 1:11-md-02262-NRB, 644 in 1:11-md-02262-NRB, 68 in 1:12-cv-05723-NRB, 68 in 1:12-cv-05723-NRB, 68 in 1:12-cv-05723-NRB, 68 in 1:12-cv-05723-NRB, 68 in 1:12-cv-05723-NRB, 68 in 1:12-cv-05723-NRB, 48 in 1:13-cv-01016-NRB, 48 in 1:13-cv-01016-NRB, 48 in 1:13-cv-01016-NRB, 48 in 1:13-cv-01016-NRB, 48 in 1:13-cv-01016-NRB, 48 in 1:13-cv-01016-NRB) MOTION to Appoint Counsel Appointment of Interim Class Counsel and Consolidation of All Related Cases. MOTION to Consolidate Cases . . Document filed by Direcors Financial Group, Government Development Bank for Puerto Rico, The Berkshire Bank. Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Lieberman, Jeremy) (Entered: 09/15/2014)
MOTION to Appoint Counsel Appointment of Interim Class Counsel and Consolidation of All Related Cases., MOTION to Consolidate Cases . Document filed by Direcors Financial Group, Government Development Bank for Puerto Rico, The Berkshire Bank. (Attachments: # 1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Lieberman, Jeremy) (Entered: 09/15/2014)
ORDER. This Order addresses the Exchange-Based plaintiffs' letter of August 13, 2014 (Dkt. No. 592) and defendants' responsive letters of August 20, 2014 (Dkt. Nos. 609 and 611). Given the detailed nature of the parties' submissions and the well-established law governing motions to amend and motions for reconsideration, we will treat the parties' letters as motion papers. Accordingly, we invite plaintiffs to submit a letter reply by September 14, 2014. (Signed by Judge Naomi Reice Buchwald on 9/4/2014) Filed In Associated Cases: 1:11-md-02262-NRB et al. Entry in all cases as per Chambers. (rjm) (Entered: 09/05/2014)
ORDER. This Order addresses two letters submitted on August 20, 2014: (1) Susman Godfrey's letter on behalf of the "class cases" seeking the creation of new interim classes, a stay of certain individual actions, and the addition of new parties to the OTC plaintiffs' case (Dkt. No. 626); and (2) Dickstein Shapiro's letter on behalf of the "Direct Action" plaintiffs requesting leave to amend their complaints pursuant to Federal Rule of Civil Procedure 15(a)(1)(B) (Dkt. No. 610). First, we grant plaintiffs leave to file motions to serve as interim lead counsel for the proposed classes of lenders, homeowners, and students. As the parties have proposed, those motions shall be filed by September 15, 2014, the opposition papers by October 3, 2014, and all replies by October 13, 2014. Following any ruling appointing interim counsel for any additional proposed classes, consolidated amended complaints are to be filed thirty (30) days thereafter. Second, the Court has no objection to maintaining the existing stay for the six cases that have so requested. However, for the four cases that raise claims in addition to Sherman Act claims, plaintiffs will continue to be bound by any broad-based, substantive rulings issued by this Court. Stated otherwise, any party subject to this voluntary stay will not be permitted to relitigate any issue resolved while the stay is in place. Third, we grant OTC plaintiffs leave to add the plaintiffs in SEIU Pension Plans Master Trust v. Bank of America Corp. et al., 13-cv-1456 and Highlander Realty, LLC et al. v. Citizens Bank of Mass. et al., 13-cv-2343 as named plaintiffs in the OTC action. Fourth and finally, we have no objection to allowing "Direct Action" plaintiffs to amend their complaints prior to defendants filing their next round of motions to dismiss. Given the existence of three hundred pages of prior opinions, three years of litigation, and the existence of defendants' letters of August 13, 2014 previewing their anticipated motions to dismiss, we find that there is no need for pre-motion letters before defendants file their motions to dismiss. Therefore, we shall proceed on the following schedule: Direct Action plaintiffs shall file their amended pleadings by October 6, 2014; defendants' motions to dismiss will be due on November 5, 2014, opposition papers must be filed by December 8, 2014, and reply briefs will be due on December 23, 2014. In order to move this litigation forward, we have decided not to await the filing of consolidated amended complaints by the new interim classes before briefing any motions directed to the amended "Direct Action" complaints. We are prepared to work with the parties to avoid duplication of effort should there be motions to dismiss that would also be applicable to any of the consolidated amended complaints filed by the new interim classes. (Amended Pleadings due by 10/6/2014. Motions due by 11/5/2014. Responses due by 12/8/2014. Replies due by 12/23/2014.) (Signed by Judge Naomi Reice Buchwald on 9/4/2014) Filed In Associated Cases: 1:11-md-02262-NRB et al. (rjm). Entry in all cases as per Chambers. (Entered: 09/05/2014)
NOTICE OF APPEARANCE by Francis Paul McConville on behalf of The Berkshire Bank, Government Development Bank for Puerto Rico, Direcors Financial Group. Filed In Associated Cases: 1:11-md-02262-NRB et al.(McConville, Francis) (Entered: 07/22/2014)
NOTICE: Within the next ten days, the Court will issue a communication addressing issues related to the next steps in this litigation and inviting submissions from the parties. Before receiving our communication, counsel are directed not to make any submissions to the Court. (Signed by Judge Naomi Reice Buchwald on 7/2/2014) Filed In Associated Cases: 1:11-md-02262-NRB et al. ***Docketed in all member and related cases pursuant to instructions from Chambers.(mro) (Entered: 07/03/2014)
MEMORANDUM AND ORDER terminating (396) Motion for Reconsideration; denying (418) Motion for Reconsideration; terminating (428) Motion to Strike; denying (453) Motion to Dismiss; granting in part and denying in part (507) Motion to Dismiss; granting (516) Motion to Dismiss in case 1:11-md-02262-NRB. For the reasons stated above, exchange-based plaintiffs' motion for reconsideration of our ruling on trader-based claims is denied, but their motion for leave to amend their complaint is granted; defendants' motion to dismiss CEA claims on scienter grounds is denied; defendants' motion to dismiss CEA claims arising out of contracts purchased between May 30, 2008 and April 14, 2009 is granted; defendants' motion to dismiss OTC plaintiffs' contract and unjust enrichment claims is granted in part and denied in part; and defendant Societe Generale's motion to dismiss the exchange-based plaintiffs' complaint is granted. It has been nearly two years since defendants first moved to dismiss plaintiffs' consolidated amended complaints. Since then, this Court has issued three major opinions and the parties have submitted hundreds, if not thousands, of pages of briefing materials, all in an attempt to resolve the threshold question of any litigation: what claims, if any, have plaintiffs adequately pled? Now, at long last, there is clarity. OTC plaintiffs may state claims for breach of the implied covenant of good faith and fair dealing, and claims for unjust enrichment, but only against those defendant banks with which OTC plaintiffs transacted directly. Exchange-based plaintiffs may state claims under the CEA based on contracts purchased between April 15, 2009 and the end of the Class Period, based on a theory that defendants' alleged persistent suppression of LIBOR caused them damages; however, no such claim may lie against Societe Generale, as those claims are time barred. Exchange-based plaintiffs may also state claims against Barclays and Rabobank based on the alleged day-to-day, trader-based manipulation that occurred between January 1, 2005 and August 2007. This Memorandum and Order resolves docket entry nos. 396, 418, 428, 453, 507, and 516. (Signed by Judge Naomi Reice Buchwald on 6/23/2014) Filed In Associated Cases: 1:11-md-02262-NRB et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) Modified on 6/24/2014 (mro). (Entered: 06/23/2014)
LETTER addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated May 1, 2014 re: Yale University to be added as class representative. Document filed by Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 05/01/2014)
LETTER addressed to Judge Naomi Reice Buchwald from Daniel Alberstone, Esq. dated January 30, 2014 re: LIBOR-Based Financial Instruments Antitrust Litigation. Document filed by Kenneth W. Coker, Carl A. Payne.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Alberstone, Daniel) (Entered: 01/30/2014)
MEMO ENDORSEMENT granting (530) Motion to Withdraw as Attorney. ENDORSEMENT: So Ordered. Attorney Matthew S. Fitzwater terminated in case 1:11-md-02262-NRB. (Signed by Judge Naomi Reice Buchwald on 1/15/2014) Filed In Associated Cases: 1:11-md-02262-NRB et al. (ft) Modified on 1/16/2014 (ft). (Entered: 01/16/2014)
NOTICE OF APPEARANCE by Jeffery Li Ding on behalf of JPMorgan Chase & Co., JPMorgan Chase Bank, N.A.. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Ding, Jeffery) (Entered: 01/08/2014)
STIPULATION AND ORDER: SG will file its motion to dismiss the SAC on or before December 13, 2013. Plaintiffs' opposition papers will be due on or before January 10, 2014. SG's reply papers will be due on or before January 28, 2014. (Motions due by 12/13/2013, Responses due by 1/10/2014, Replies due by 1/28/2014.) (Signed by Judge Naomi Reice Buchwald on 12/9/2013) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ft) (Entered: 12/10/2013)
MEMORANDUM AND ORDER: This Order addresses the Exchange-Based Plaintiffs' letter of November 5, 2013, which requested that they be allowed to amend their operative pleading to include information from the Rabobank settlement documents, and the defendants' response of November 13, 2013 opposing the plaintiffs' request. As with the Barclays settlement, we will permit the plaintiffs to rely on facts from the Rabobank settlement in their submissions rather than grant them leave to amend their complaint. Thus, the Court will consider these letters as supplemental briefing on the plaintiffs' September 6, 2013 Motion for Reconsideration of our August 23, 2013 Memorandum and Order, which denied the plaintiffs' motion to include trader-based claims in the Second Amended Class Action Complaint. If either side wants to submit further supplemental briefing, it may submit a memorandum not exceeding seven (7) pages in length. (Signed by Judge Naomi Reice Buchwald on 11/27/2013) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ama) (Entered: 11/27/2013)
ORDER: WHEREAS, on October 30, 2013 the Court of Appeals, acting sua sponte determined that it lacked jurisdiction over the bondholder and Schwab appeals and dismissed them, it is hereby ORDERED that the October 17, 2013 is withdrawn. (Signed by Judge Naomi Reice Buchwald on 10/31/2013) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ama) (Entered: 10/31/2013)
Withdrawn pursuant to Order filed 10/31/13, Doc. #492, 11 MD 2262 - RULE 54(b) CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum and Order dated October 17, 2013, there is no just reason for delay, pursuant to Fed. R. Civ. P. 54(b), final judgment is entered dismissing the first count of the over-the-counter plaintiffs' consolidated amended complaint for violation of section 1 of the Sherman Act, and denying leave to replead that claim in a proposed amended complaint for the reasons given in the March 29, 2013 and August 23, 2013 orders of this Court, and there is no just reason for delay, pursuant to Fed. R. Civ. P. 54(b), final judgment is entered dismissing the fourth count of the exchange based plaintiffs' amended consolidated class action complaint for violation of section 1 of the Sherman Act, and denying leave to replead that claim in a proposed amended complaint for the reasons given in the March 29, 2013 and August 23, 2013 orders of this Court. (Signed by Clerk of Court Ruby Krajick on 10/31/13) (Attachments: # 1 Notice of Right to Appeal)Filed In Associated Cases: 1:11-md-02262-NRB et al.(ml) Modified on 10/31/2013 (ml). Modified on 11/4/2013 (ml). (Entered: 10/31/2013)
MEMORANDUM AND ORDER: Pursuant to Fed. R. Civ. P. 54(b), final judgment is entered dismissing the first count of the over-the counter plaintiffs' consolidated amended complaint (Dkt. No. 130) for violation of section 1 of the Sherman Act, and denying leave to replead that claim in a proposed amended complaint (dkt. No. 334-1), for the reasons given in the March 29, 2013 and August 23, 2013 orders of this Court, and it is further ORDERED, pursuant to Fed. R. Civ. P. 54(b), final judgment is entered dismissing the fourth count of the exchange based plaintiffs' amended consolidated class action complaint (Dkt. No. 134) for violation of section 1 of the Sherman Act, and denying leave to replead that claim in a proposed amended complaint (Dkt. No. 332-1), for the reasons given in the March 29, 2013 and August 23, 2013 orders of this Court. (Signed by Judge Naomi Reice Buchwald on 10/17/2013) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ft) (Entered: 10/30/2013)
MEMORANDUM AND ORDER: The application for disclosure of documents that the defendants and their subsidiaries have produced to the CFTC and other governmental agencies related to U.S. dollar LIBOR is denied. (Signed by Judge Naomi Reice Buchwald on 10/17/2013) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ft) (Entered: 10/30/2013)
MEMO ENDORSEMENT on (476 in 1:11-md-02262-NRB) Notice of Withdrawal as Counsel filed by JPMorgan Chase Bank N.A., JPMorgan Chase & Co. ENDORSEMENT: So Ordered. (Signed by Judge Naomi Reice Buchwald on 10/28/2013) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ft) (Entered: 10/29/2013)
MEMORANDUM AND ORDER re: (431 in 1:11-md-02262-NRB) Letter filed by The Norinchukin Bank, Bank of America Corporation, Citibank, N.A., Royal Bank of Canada, UBS AG, HSBC Bank PLC, HBOS PLC, HSBC Holdings PLC, Portigon AG, Deutsche Bank AG, Bank of Tokyo-Mitsubishi UFJ Ltd., HBOS plc, JPMorgan Chase Bank N.A., HSBC Bank plc, Royal Bank of Scotland Group plc, Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., Barclays PLC, Lloyds Banking Group plc, HSBC Holdings plc, JPMorgan Chase & Co., Bank of America, N.A., HBOS Plc, Citigroup, Inc., Credit Suisse Group AG, Lloyds Banking Group PLC. This Memorandum and Order addresses the defendants' letter of September 27, 2013, which requests leave to move to dismiss the over-the-counter (OTC) plaintiffs' contract and unjust enrichment claims, and the OTC plaintiffs' response to that letter dated October 4, 2013. Defendants' request for leave to move to dismiss those claims is granted. After reviewing the letters from both sides, the Court requests that the parties address the following issues. First, please discuss the "conspiracy or concerted scheme[]" exception to the traditional requirement that, in order to have standing to sue a particular defendant under Fed. R. Civ. P. 23, the named plaintiff must have been injured by that defendant. Mahon v. Ticor Title Ins. Co., 683 F.3d 59,63 (2d Cir. 2012) (quoting La Mar v. H & B Novelty & Loan Co., 489 F.2d 461, 466 (9th Cir. 1973)). Second, assuming that the plaintiffs adequately pled the existence of a "concerted scheme" in setting LIBOR, is such a pleading sufficient for the plaintiffs to name all of the scheme's participants as defendants, even those who cannot be held liable under either an unjust enrichment or a breach of contract theory? The posing of these questions should not be interpreted as an indication that the Court regards the resolution of either as necessarily material, let alone dispositive. (Signed by Judge Naomi Reice Buchwald on 10/18/2013) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ft) (Entered: 10/21/2013)
MEMO ENDORSEMENT granting (466) Motion to Withdraw as Attorney in case 1:11-md-02262-NRB. ENDORSEMENT: Application granted. (Signed by Judge Naomi Reice Buchwald on 10/16/2013) Filed In Associated Cases: 1:11-md-02262-NRB et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) (Entered: 10/16/2013)
LETTER addressed to Judge Naomi Reice Buchwald from Christopher Lovell dated 10/16/13 re: Corrected copy of charts of U.S. dollar Libor submissions for the dates listed in Docket Number 439 at p. 4 in response to the Court's direction on October 8, 2013. Document filed by FTC Capital GMBH. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Lovell, Christopher) (Entered: 10/16/2013)
MEMO ENDORSEMENT granting (450) Motion to Withdraw as Attorney in case 1:11-md-02262-NRB; granting (55) Motion to Withdraw as Attorney in case 1:12-cv-01025-NRB; granting (42) Motion to Withdraw as Attorney in case 1:12-cv-05723-NRB; granting (50) Motion to Withdraw as Attorney in case 1:12-cv-05822-NRB; granting (43) Motion to Withdraw as Attorney in case 1:12-cv-06056-NRB; granting (51) Motion to Withdraw as Attorney in case 1:13-cv-00398-NRB; granting (42) Motion to Withdraw as Attorney in case 1:13-cv-00407-NRB; granting (40) Motion to Withdraw as Attorney in case 1:13-cv-00346-NRB; granting (43) Motion to Withdraw as Attorney in case 1:13-cv-00598-NRB; granting (33) Motion to Withdraw as Attorney in case 1:13-cv-00597-NRB; granting (31) Motion to Withdraw as Attorney in case 1:13-cv-00626-NRB; granting (32) Motion to Withdraw as Attorney in case 1:13-cv-00625-NRB; granting (22) Motion to Withdraw as Attorney in case 1:13-cv-01016-NRB; granting (47) Motion to Withdraw as Attorney in case 1:13-cv-01135-NRB; granting (23) Motion to Withdraw as Attorney in case 1:13-cv-01456-NRB; granting (85) Motion to Withdraw as Attorney in case 1:13-cv-02297-NRB; granting (37) Motion to Withdraw as Attorney in case 1:13-cv-02343-NRB; granting (31) Motion to Withdraw as Attorney in case 1:13-cv-03010-NRB; granting (32) Motion to Withdraw as Attorney in case 1:13-cv-03952-NRB; granting (19) Motion to Withdraw as Attorney in case 1:13-cv-05186-NRB; granting (21) Motion to Withdraw as Attorney in case 1:13-cv-05187-NRB; granting (14) Motion to Withdraw as Attorney in case 1:13-cv-05221-NRB; granting (22) Motion to Withdraw as Attorney in case 1:13-cv-05511-NRB; granting (14) Motion to Withdraw as Attorney in case 1:13-cv-05569-NRB; granting (14) Motion to Withdraw as Attorney in case 1:13-cv-06013-NRB; granting (14) Motion to Withdraw as Attorney in case 1:13-cv-06014-NRB; granting (14) Motion to Withdraw as Attorney in case 1:13-cv-06020-NRB; granting (53) Motion to Withdraw as Attorney in case 1:13-cv-07005-NRB. ENDORSEMENT: Motion granted. (Signed by Judge Naomi Reice Buchwald on 10/9/2013) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ft) (Entered: 10/11/2013)
MEMO ENDORSEMENT granting (449) Motion to Withdraw as Attorney in case 1:11-md-02262-NRB; granting (54) Motion to Withdraw as Attorney in case 1:12-cv-01025-NRB; granting (41) Motion to Withdraw as Attorney in case 1:12-cv-05723-NRB; granting (49) Motion to Withdraw as Attorney in case 1:12-cv-05822-NRB; granting (42) Motion to Withdraw as Attorney in case 1:12-cv-06056-NRB; granting (29) Motion to Withdraw as Attorney in case 1:12-cv-06693-NRB; granting (30) Motion to Withdraw as Attorney in case 1:12-cv-07461-NRB; granting (50) Motion to Withdraw as Attorney in case 1:13-cv-00398-NRB; granting (41) Motion to Withdraw as Attorney in case 1:13-cv-00407-NRB; granting (39) Motion to Withdraw as Attorney in case 1:13-cv-00346-NRB; granting (42) Motion to Withdraw as Attorney in case 1:13-cv-00598-NRB; granting (32) Motion to Withdraw as Attorney in case 1:13-cv-00597-NRB; granting (30) Motion to Withdraw as Attorney in case 1:13-cv-00626-NRB; granting (31) Motion to Withdraw as Attorney in case 1:13-cv-00625-NRB; granting (30) Motion to Withdraw as Attorney in case 1:13-cv-00627-NRB; granting (31) Motion to Withdraw as Attorney in case 1:13-cv-00667-NRB; granting (21) Motion to Withdraw as Attorney in case 1:13-cv-01016-NRB; granting (46) Motion to Withdraw as Attorney in case 1:13-cv-01135-NRB; granting (43) Motion to Withdraw as Attorney in case 1:13-cv-01198-NRB; granting (22) Motion to Withdraw as Attorney in case 1:13-cv-01456-NRB; granting (84) Motion to Withdraw as Attorney in case 1:13-cv-02297-NRB; granting (36) Motion to Withdraw as Attorney in case 1:13-cv-02343-NRB; granting (30) Motion to Withdraw as Attorney in case 1:13-cv-03010-NRB; granting (31) Motion to Withdraw as Attorney in case 1:13-cv-03952-NRB; granting (18) Motion to Withdraw as Attorney in case 1:13-cv-05186-NRB; granting (20) Motion to Withdraw as Attorney in case 1:13-cv-05187-NRB; granting (13) Motion to Withdraw as Attorney in case 1:13-cv-05221-NRB; granting (21) Motion to Withdraw as Attorney in case 1:13-cv-05511-NRB; granting (13) Motion to Withdraw as Attorney in case 1:13-cv-05569-NRB; granting (11) Motion to Withdraw as Attorney in case 1:13-cv-05616-NRB; granting (13) Motion to Withdraw as Attorney in case 1:13-cv-06013-NRB; granting (13) Motion to Withdraw as Attorney in case 1:13-cv-06014-NRB; granting (13) Motion to Withdraw as Attorney in case 1:13-cv-06020-NRB; granting (52) Motion to Withdraw as Attorney in case 1:13-cv-07005-NRB. ENDORSEMENT: Motion granted. (Signed by Judge Naomi Reice Buchwald on 10/9/2013) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ft) Modified on 10/11/2013 (ft). (Entered: 10/11/2013)
LETTER addressed to Judge Naomi Reice Buchwald from Christopher Lovell dated 10/11/13 re: Request for an extension until October 14, 2013. Document filed by FTC Capital GMBH.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Lovell, Christopher) (Entered: 10/11/2013)
MEMO ENDORSEMENT on re: (436 in 1:11-md-02262-NRB) Notice (Other) filed by JPMorgan Chase Bank N.A., JPMorgan Chase & Co. ENDORSEMENT: So ordered. (Signed by Judge Naomi Reice Buchwald on 10/10/2013) Filed In Associated Cases: 1:11-md-02262-NRB et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) (Entered: 10/11/2013)
LETTER addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated October 10, 2013 re: Partial Stay and Motion to Dismiss. Document filed by Mayor and City Council of Baltimore. (Attachments: # 1 Exhibit A)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 10/10/2013)
MEMORANDUM AND ORDER: This Memorandum and Order is addressed to applications pending before the Court. First, defendants' request for leave to file their Renewed Motion to Dismiss the Exchange-Based Plaintiffs' Period 2 CEA Claims is granted. Second, a decision on the permissible content of the Second Consolidated Amended Complaints is stayed until the resolution of the current motions addressed to the complaints. The operative complaints will then be denominated the Third Consolidated Amended Complaints. (Signed by Judge Naomi Reice Buchwald on 10/8/2013) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ft) (Entered: 10/09/2013)
MOTION for James B. Meadows to Withdraw as Attorney. Document filed by Barclays Bank plc, Barclays Bank PLC, Barclays Bank, PLC, Barclays Capital, Inc., Barclays PLC, BARCLAY'S BANK PLC, Barclays Bank Plc,, Barklays Bank Plc, Barclays Bank PLC, Barclays Bank Plc., Barclays Capital Inc., Barclays U.S. Funding LLC, Barclays Bank plc.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Meadows, James) (Entered: 10/08/2013)
MOTION for Alanna C. Rutherford to Withdraw as Attorney. Document filed by Barclays Bank plc, Barclays Bank PLC, Barclays Bank, PLC, Barclays Capital, Inc., Barclays PLC, BARCLAY'S BANK PLC, Barclays Bank Plc,, Barklays Bank Plc, Barclays Bank PLC, Barclays Bank Plc., Barclays Capital Inc., Barclays U.S. Funding LLC, Barclays Bank plc.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Rutherford, Alanna) (Entered: 10/08/2013)
LETTER addressed to Judge Naomi Reice Buchwald from Christopher Lovell dated October 4, 2013 re: Reply to Defendants' September 24, 2013 letter from Robert F. Wise to the Court. Document filed by FTC Capital GMBH.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Lovell, Christopher) (Entered: 10/04/2013)
LETTER addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated September 30, 2013 re: repleading antitrust claim. Document filed by Mayor and City Council of Baltimore. (Attachments: # 1 Exhibit A)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Ard, Seth) (Entered: 09/30/2013)
LETTER MOTION for Conference addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated September 18, 2013. Document filed by Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Ard, Seth) (Entered: 09/18/2013)
MEMORANDUM AND ORDER denying (296) Motion for Reconsideration; denying (327) Motion for Leave to File Document; denying (330) Motion for Leave to File Document; granting in part and denying in part (333) Motion to Amend/Correct ; denying (341) Motion for Leave to File Document in case 1:11-md-02262-NRB. For the reasons stated above, the exchange-based plaintiffs' motion for interlocutory appeal is denied; the OTC, bondholder, and exchange-based plaintiffs' motions to add allegations with respect to antitrust are denied; the exchange-based plaintiffs' motion to add allegations with respect to trader-based manipulation is denied; BT-MU, Credit Suisse, and Norinchukin's motion for reconsideration is denied without prejudice to a similar motion being filed by defendants that addresses the issues raised herein; and, the OTC plaintiffs motion for leave to reassert their unjust enrichment claim and to add a claim for breach of implied covenant of good faith and fair dealing is granted. By September 10, 2013, the OTC plaintiffs and the exchange-based plaintiffs shall each file a second amended complaint that conforms with the rulings herein. If defendants believe that the new complaints are inconsistent with our rulings, they shall inform us by September 20, 2013. Further, if defendants wish to file a motion for reconsideration on grounds similar to those asserted in BT-MUs, Credit Suisse's, and Norinchukin's motion and which addresses the issues we have raised, they must file such a motion by September 20, 2013. Finally, if defendants intend to move for reconsideration of the March 29 Order on statute of limitations grounds or to make a renewed motion to dismiss with regard to "Period 2" claims, they must seek leave to file such a motion by September 20, 2013. This Memorandum and Order resolves docket entry nos. 296, 316, 327, 330, 333, and 341. (Signed by Judge Naomi Reice Buchwald on 8/23/2013) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ft) (Entered: 08/23/2013)
NOTICE OF APPEARANCE by Leigh Mager Nathanson on behalf of Barclays Bank PLC, Barclays Capital Inc., Barclays PLC, Barclays U.S. Funding LLC. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Nathanson, Leigh) (Entered: 06/29/2013)
NOTICE OF APPEARANCE by Lisa Jean Fried on behalf of Lloyds Banking Group, PLC, Lloyds Banking Group PLC, HBOS PLC, HBOS Plc., Lloyds Banking Group plc., Lloyds Banking Group PLS. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Fried, Lisa) (Entered: 06/28/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ORAL ARGUMENT proceeding held on 3/5/13 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: 1:11-md-02262-NRB et al.(Rodriguez, Somari) (Entered: 05/16/2013)
TRANSCRIPT of Proceedings re: ORAL ARGUMENT held on 3/5/2013 before Judge Naomi Reice Buchwald. Court Reporter/Transcriber: Khristine Sellin, (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 6/10/2013. Redacted Transcript Deadline set for 6/20/2013. Release of Transcript Restriction set for 8/19/2013.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Rodriguez, Somari) (Entered: 05/16/2013)
Letter addressed to Judge Naomi Reice Buchwald from Edward F. Haber dated 4/23/2013 re: We are counsel for the Plaintiffs Community Bank & Trust, Berkshire Bank, Government Development Bank for Puerto Rico, and Directors Financial Group (the "Lender Class Plaintiffs") In the above referenced actions (the "Lender Class Cases") and, pursuant to your Individual Practices, we write this letter jointly on behalf of the Lender Class Plaintiffs to request a pre-motion conference with the Court to discuss. (rdz) (Entered: 05/07/2013)
MEMORANDUM: We have received a number of letters since issuing our Memorandum and Order of March 29, 2013 (the "Memorandum and Order"). These letters generally address four topics: (1) plaintiffs' request for leave to amend their amended complaints with regard to antitrust injury; (2) the motion for reconsideration filed by defendants The Bank of Tokyo-Mitsubishi UFJ, Ltd. ("BTMU"), Credit Suisse Group AG, and The Norinchukin Bank; (3) requests to lift the stay imposed by our Memorandum and Order of August 14, 2012 by plaintiffs whose cases are subject to the stay; and (4) the exchange-based plaintiffs' request for leave to move for interlocutory appeal of a part of our Memorandum and Order. We will address these topics in turn. Based on the submissions to date, this Court could not enter such a certification. Nonetheless, to give exchange-based plaintiffs a full opportunity to support their position, we will accept a reply submission within two (2) weeks. Furthermore, we will treat the application as a letter motion for section 1292(b) certification and will file all the submissions on the docket when we issue our decision. (Signed by Judge Naomi Reice Buchwald on 5/3/2013) Filed In Associated Cases: 1:11-md-02262-NRB et al.(rsh) Modified on 5/13/2013 (rsh). (Entered: 05/03/2013)
NOTICE OF APPEARANCE by Colin Reardon on behalf of Royal Bank of Scotland Group plc Filed In Associated Cases: 1:11-md-02262-NRB et al.(Reardon, Colin) (Entered: 04/29/2013)
NOTICE OF APPEARANCE by Ashley Margaret Simonsen on behalf of Mayor and City Council of Baltimore Filed In Associated Cases: 1:11-md-02262-NRB et al.(Simonsen, Ashley) (Entered: 04/10/2013)
NOTICE OF APPEARANCE by Alan Schoenfeld on behalf of The Royal Bank of Scotland Group PLC, The Royal Bank of Scotland Group Plc., The Royal Bank of Scotland Group plc, Royal Bank of Scotland Group plc, Royal Bank of Scotland Group plc Filed In Associated Cases: 1:11-md-02262-NRB et al.(Schoenfeld, Alan) (Entered: 04/01/2013)
NOTICE OF APPEARANCE by David Sapir Lesser on behalf of The Royal Bank of Scotland Group PLC, The Royal Bank of Scotland Group Plc., The Royal Bank of Scotland Group plc, Royal Bank of Scotland Group plc, Royal Bank of Scotland Group plc Filed In Associated Cases: 1:11-md-02262-NRB et al.(Lesser, David) (Entered: 04/01/2013)
NOTICE OF APPEARANCE by Fraser Lee Hunter, Jr on behalf of The Royal Bank of Scotland Group PLC, The Royal Bank of Scotland Group Plc., The Royal Bank of Scotland Group plc, Royal Bank of Scotland Group plc, Royal Bank of Scotland Group plc Filed In Associated Cases: 1:11-md-02262-NRB et al.(Hunter, Fraser) (Entered: 04/01/2013)
MEMORANDUM AND ORDER granting in part and denying in part (165) Motion to Dismiss in case 1:11-md-02262-NRB; granting in part and denying in part Motion to Dismiss in case 1:13-cv-00598-NRB; granting in part and denying in part Motion to Dismiss in case 1:13-cv-00597-NRB; granting in part and denying in part Motion to Dismiss in case 1:12-cv-05723-NRB; granting in part and denying in part Motion to Dismiss in case 1:12-cv-05822-NRB; granting in part and denying in part Motion to Dismiss in case 1:12-cv-06056-NRB; granting in part and denying in part Motion to Dismiss in case 1:12-cv-06693-NRB; granting in part and denying in part Motion to Dismiss in case 1:12-cv-07461-NRB; granting in part and denying in part Motion to Dismiss in case 1:13-cv-00398-NRB; granting in part and denying in part Motion to Dismiss in case 1:13-cv-00626-NRB; granting in part and denying in part Motion to Dismiss in case 1:13-cv-00625-NRB; granting in part and denying in part Motion to Dismiss in case 1:13-cv-00627-NRB; granting in part and denying in part Motion to Dismiss in case 1:13-cv-00667-NRB; granting in part and denying in part Motion to Dismiss in case 1:13-cv-00346-NRB; granting in part and denying in part Motion to Dismiss in case 1:13-cv-00407-NRB; granting in part and denying in part Motion to Dismiss in case 1:13-cv-01135-NRB; granting in part and denying in part Motion to Dismiss in case 1:13-cv-01198-NRB; granting in part and denying in part Motion to Dismiss in case 1:13-cv-01456-NRB; granting in part and denying in part Motion to Dismiss in case 1:13-cv-01016-NRB. For the reasons stated above, defendants motions to dismiss are granted in part and denied in part. First, defendants motion to dismiss plaintiffs federal antitrust claim is granted. Regardless of whether defendants conduct constituted a violation of the antitrust law "antitrust injury." An antitrust injury is an injury that results from an anticompetitive aspect of defendants conduct. Here, although plaintiffs have alleged that defendants conspired to suppress LIBOR over a nearly three-year-long period and that they were injured as a result, they have not alleged that their injury resulted from any harm to competition. The process by which banks submit LIBOR quotes to the BBA is not itself competitive, and plaintiffs have not alleged that defendants conduct had an anticompetitive effect in any market in which defendants compete. Because plaintiffs have not alleged an antitrustinjury, their federal antitrust claim is dismissed. Second, defendants' motion to dismiss plaintiffs' commodities manipulation claims is granted in part and denied in part. Contrary to defendants' arguments, plaintiffs' claims do not involve an impermissible extraterritorial application of the CEA, and plaintiffs have adequately pleaded their claims. However, certain of plaintiffs' claims are time-barred because numerous articles published in April and May 2008 in prominent national publications placed plaintiffs on notice of their injury. Therefore, plaintiffs commodities manipulation claims based on contracts entered into between August 2007 and May 29, 2008, are time-barred. However, plaintiffs claims based on contracts entered into between April 15, 2009, and May 2010 are not time-barred, and plaintiffs' claims based on contracts entered into between May 30, 2008, and April 14, 2009, may or may not be barred, though we will not dismiss them at this stage. Additionally, because the Barclays settlements broughtto light information that plaintiffs might not previously have been able to learn, we grant plaintiffs leave to move to amend their complaint to include allegations based on such information, provided that any such motion addresses the concerns raised herein and is accompanied by a proposed second amended complaint. Third, defendants' motion to dismiss plaintiffs' RICO claim is granted. For one, the PSLRA bars plaintiffs from bringing a RICO claim based on predicate acts that could have been the subject of a securities fraud action. Here, the predicate acts of mail and wire fraud underlying plaintiffs' RICO claim could have been the subject of a claim for securities fraud. Additionally, RICO applies only domestically, meaning that the alleged enterprise must be a domestic enterprise. However, the enterprise alleged by plaintiffs is based in England. For these reasons, plaintiffs RICO claim is dismissed. Finally, plaintiffs' state-law claims are all dismissed, some with prejudice and some without. Plaintiffs' Cartwright Act claim is dismissed with prejudice for lack of antitrust injury. The exchange-based plaintiffs' New York common law unjust enrichment claim is also dismissed with prejudice, as plaintiffs have not alleged any relationship between them and defendants. With regard to the remaining state-law claims, we decline to exercise supplemental jurisdiction and We recognize that it might be unexpected that we are dismissing a substantial portion of plaintiffs claims, given that several of the defendants here have already paid penalties to government regulatory agencies reaching into the billions of dollars. However, these results are not as incongruous as they might seem. Under the statutes invoked here, there are many requirements that private plaintiffs must satisfy, but which government agencies need not. The reason for these differing requirements is that the focuses of public enforcement and private enforcement, even of the same statutes, are not identical. The broad public interests behind the statutes invoked here, such as integrity of the markets and competition, are being addressed by ongoing governmental enforcement. While public enforcement is often supplemented by suits brought by private parties acting as "private attorneys general," those private actions which seek damages and attorneys fees must be examined closely to ensure that the plaintiffs who are suing are the ones properly entitled to recover and that the suit is, in fact, serving the public purposes of the laws being invoked. Therefore, although we are fully cognizant of the settlements that several of the defendants here have entered into with government regulators, we find that only some of the claims that plaintiffs have asserted may properly proceed. (Signed by Judge Naomi Reice Buchwald on 3/29/2013) Filed In Associated Cases: 1:11-md-02262-NRB et al.(tro) (Entered: 03/29/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/1/12 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: 1:11-md-02262-NRB et al.(Rodriguez, Somari) (Entered: 03/25/2013)
TRANSCRIPT of Proceedings re: CONFERENCE held on 3/1/2012 before Judge Naomi Reice Buchwald. Court Reporter/Transcriber: Toni Stanley, (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 4/18/2013. Redacted Transcript Deadline set for 4/29/2013. Release of Transcript Restriction set for 6/27/2013.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Rodriguez, Somari) (Entered: 03/25/2013)
NOTICE OF APPEARANCE by Michael Brille on behalf of Barclays Bank, PLC, Barclays Capital, Inc., Barclays PLC Filed In Associated Cases: 1:11-md-02262-NRB et al.(Brille, Michael) (Entered: 03/18/2013)
ORDER: Oral argument on the pending motions to dismiss shall be held on March 5, 2013, at 10:30 a.m. at the United States Court House, 500 Pearl Street, New York, New York, in Courtroom 21A., ( Oral Argument set for 3/5/2013 at 10:30 AM in Courtroom 21A, 500 Pearl Street, New York, NY 10007 before Judge Naomi Reice Buchwald.) (Signed by Judge Naomi Reice Buchwald on 2/14/2013) Filed In Associated Cases: 1:11-md-02262-NRB et al.(lmb) (Entered: 02/14/2013)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Government Development Bank for Puerto Rico.(Lieberman, Jeremy) (Entered: 11/30/2012)
AMENDED CLASS ACTION COMPLAINT amending [1] Complaint,, against Bank of America Corporation, Bank of America N.A., Bank of Tokyo Mitsubishi UFJ Ltd., Barklays Bank Plc, Citibank N.A., Citigroup Inc., Cooperative Centrale Raiffeisenboerenleenbank B.A., Credit Suisse Group AG, Deutsche Bank AG, HBOS Plc., HSBC Bank Plc., HSBC Holdings plc., JPMorgan Chase & Co., JPMorgan Chase Bank, Lloyds Banking Group plc., Royal Bank of Canada, The Norinchukin Bank, The Royal Bank of Scotland Group Plc., UBS AG, WestLB AG, Westdeutsche Immobilienbank AG with JURY DEMAND.Document filed by The Berkshire Bank, Government Development Bank for Puerto Rico. ***Original document filed in case number 11md2262, document #242. Related document: [1] Complaint,, filed by The Berkshire Bank.(mro)
NOTICE OF APPEARANCE by James Brian Meadows on behalf of Barclays Bank PLC, Barclays Bank, PLC, Barclays Capital, Inc., Barclays PLC, Barklays Bank Plc, Barclays Bank PLC, Barclays Bank Plc,, Barclays Capital Inc., Barclays U.S. Funding LLC Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:12-cv-05822-NRB, 1:12-cv-06056-NRB, 1:12-cv-06693-NRB(Meadows, James)
ORDER granting (221) Motion for JOSHUA B. SILVERMAN to Appear Pro Hac Vice in case 1:11-md-02262-NRB; granting [] Motion for JOSHUA B. SILVERMAN to Appear Pro Hac Vice in case 1:12-cv-05723-NRB. (Signed by Judge Naomi Reice Buchwald on 9/21/2012) Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB(ama)
MOTION for Joshua B. Silverman to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Berkshire Bank.(Silverman, Joshua)
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [15] MOTION for Joshua B. Silverman to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (pgu)
NOTICE OF APPEARANCE by Robert B Silver on behalf of Barclays Bank PLC, Barclays Bank, PLC, Barclays Capital, Inc., Barclays PLC, Barklays Bank Plc, Barclays Bank PLC, Barclays Bank Plc,, Barclays Capital Inc., Barclays U.S. Funding LLC Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:12-cv-05822-NRB, 1:12-cv-06056-NRB, 1:12-cv-06693-NRB(Silver, Robert)
NOTICE OF APPEARANCE by Alanna Cyreeta Rutherford on behalf of Barclays Bank PLC, Barclays Bank, PLC, Barclays Capital, Inc., Barclays PLC, Barklays Bank Plc, Barclays Bank PLC, Barclays Bank Plc,, Barclays Capital Inc., Barclays U.S. Funding LLC Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:12-cv-05822-NRB, 1:12-cv-06056-NRB, 1:12-cv-06693-NRB(Rutherford, Alanna)
NOTICE OF APPEARANCE by Jonathan David Schiller on behalf of Barclays Bank PLC, Barclays Bank, PLC, Barclays Capital, Inc., Barclays PLC, Barklays Bank Plc, Barclays Bank PLC, Barclays Bank Plc,, Barclays Capital Inc., Barclays U.S. Funding LLC Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:12-cv-05822-NRB, 1:12-cv-06056-NRB, 1:12-cv-06693-NRB(Schiller, Jonathan)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNCE proceeding held on 8/8/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:12-cv-05822-NRB, 1:12-cv-06056-NRB(McGuirk, Kelly)
TRANSCRIPT of Proceedings re: CONFERENCE held on 8/8/2012 before Judge Naomi Reice Buchwald. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/24/2012. Redacted Transcript Deadline set for 10/4/2012. Release of Transcript Restriction set for 11/30/2012.Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:12-cv-05822-NRB, 1:12-cv-06056-NRB(McGuirk, Kelly)
DECLARATION of Hilary K. Scherrer in Opposition re: (165 in 1:11-md-02262-NRB) MOTION to Dismiss the Amended Complaints., (176 in 1:11-md-02262-NRB) MOTION to Dismiss., (178 in 1:11-md-02262-NRB) MOTION to Dismiss.. Document filed by Charles Schwab & Co., Inc., Charles Schwab Bank, N.A., City of New Britain Firefighters' and Police Benefit Fund, FTC Capital GMBH, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Ellen Gelboim, Mayor and City Council of Baltimore, Metzler Investment GmbH, Schwab Advisor Cash Reserves, Schwab Cash Reserves, Schwab Investor Money Fund, Schwab Money Market Fund, Schwab Retirement Advantage Money Fund, Schwab Short-Term Bond Market Fund, Schwab Total Bond Market Fund, Schwab U.S. Dollar Liquid Assets Fund, Schwab Value Advantage Money Fund, Schwab Yieldplus Fund, Schwab Yieldplus Fund Liquidation Trust, The Charles Schwab Corporation, Linda Zacher. (Attachments: # (1) Exhibit 1-4, # (2) Exhibit 5, # (3) Exhibit 6-7)Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:12-cv-05822-NRB, 1:12-cv-06056-NRB(Ratway, Hilary)
MEMORANDUM OF LAW in Opposition re: (165 in 1:11-md-02262-NRB) MOTION to Dismiss the Amended Complaints., (176 in 1:11-md-02262-NRB) MOTION to Dismiss., (178 in 1:11-md-02262-NRB) MOTION to Dismiss. Plaintiffs' Joint Memorandum of Law in Opposition to Defendants' Motion to Dismiss Plaintiffs' Antitrust Claims. Document filed by Charles Schwab & Co., Inc., Charles Schwab Bank, N.A., City of New Britain Firefighters' and Police Benefit Fund, FTC Capital GMBH, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Ellen Gelboim, Mayor and City Council of Baltimore, Metzler Investment GmbH, Schwab Advisor Cash Reserves, Schwab Cash Reserves, Schwab Investor Money Fund, Schwab Money Market Fund, Schwab Retirement Advantage Money Fund, Schwab Short-Term Bond Market Fund, Schwab Total Bond Market Fund, Schwab U.S. Dollar Liquid Assets Fund, Schwab Value Advantage Money Fund, Schwab Yieldplus Fund, Schwab Yieldplus Fund Liquidation Trust, The Charles Schwab Corporation, Linda Zacher. Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:12-cv-05822-NRB, 1:12-cv-06056-NRB(Ratway, Hilary)
FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: (165 in 1:11-md-02262-NRB) MOTION to Dismiss the Amended Complaints., (176 in 1:11-md-02262-NRB) MOTION to Dismiss., (178 in 1:11-md-02262-NRB) MOTION to Dismiss. Plaintiffs' Joint Memorandum of Law in Opposition to Defendants' Motion to Dismiss Plaintiffs' Antitrust Claims. Document filed by Charles Schwab & Co., Inc., Charles Schwab Bank, N.A., City of New Britain Firefighters' and Police Benefit Fund, FTC Capital GMBH, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Ellen Gelboim, Mayor and City Council of Baltimore, Metzler Investment GmbH, Schwab Advisor Cash Reserves, Schwab Cash Reserves, Schwab Investor Money Fund, Schwab Money Market Fund, Schwab Retirement Advantage Money Fund, Schwab Short-Term Bond Market Fund, Schwab Total Bond Market Fund, Schwab U.S. Dollar Liquid Assets Fund, Schwab Value Advantage Money Fund, Schwab Yieldplus Fund, Schwab Yieldplus Fund Liquidation Trust, The Charles Schwab Corporation. (Attachments: # (1) Affidavit Declaration of Hilary K. Scherrer, # (2) Exhibit Exhibits 1-4, # (3) Exhibit Exhibit 5, # (4) Exhibit Exhibits 6-7)Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:12-cv-05822-NRB, 1:12-cv-06056-NRB(Ratway, Hilary) Modified on 8/29/2012 (ldi).
Note to Attorney to Re-File Document - Deficient Docket Entry Error
***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Hilary K. Ratway to RE-FILE Document (207 in 1:11-md-02262-NRB, 7 in 1:12-cv-06056-NRB, 6 in 1:12-cv-05822-NRB, 7 in 1:12-cv-05723-NRB) Memorandum of Law in Opposition to Motion. ERROR(S): Supporting/Opposing documents must be filed separately, each receiving their own document number. Declaration in Opposition to Motion is found under the event list Replies, Opposition and Supporting Documents. Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:12-cv-05822-NRB, 1:12-cv-06056-NRB(ldi)
MEMORANDUM AND ORDER: For the reasons stated at our August 8, 2012 conference, a stay is hereby imposed on any actions not subject to defendants' pending motion to dismiss, filed on June 29, 2012. The stay applies to the four actions already filed that are not subject to the motion, as well as any new actions filed hereafter that fall within the scope of the multi-district litigation. The stay will remain in place until the pending motion to dismiss is resolved. (Signed by Judge Naomi Reice Buchwald on 8/14/2012) Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:12-cv-05822-NRB, 1:12-cv-06056-NRB(djc)
ORDER VACATING DESIGNATION OF CASE FOR INCLUSION IN PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES: that designation is hereby vacated, and the Clerk of Court shall remove the COMPLEX-CSMGMT flag. (Signed by Judge Naomi Reice Buchwald on 8/13/2012) (cd)
RESPONSE (Application of The Berkshire Bank for inclusion in the MDL pursuant to June 14, 2012 Order). Document filed by The Berkshire Bank. (Lieberman, Jeremy)
STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (js)
COMPLAINT against Bank of America Corporation, Bank of America N.A., Bank of Tokyo Mitsubishi UFJ Ltd., Barklays Bank Plc, Citibank N.A., Citigroup Inc., Cooperative Centrale Raiffeisenboerenleenbank B.A., Credit Suisse Group AG, Deutsche Bank AG, HBOS Plc., HSBC Bank Plc., HSBC Holdings plc., JPMorgan Chase & Co., JPMorgan Chase Bank, Lloyds Banking Group plc., National Association, Royal Bank of Canada, The Norinchukin Bank, The Royal Bank of Scotland Group Plc., UBS AG, WestLB AG, Westdeutsche Immobilienbank AG. (Filing Fee $ 350.00, Receipt Number 44661)Document filed by The Berkshire Bank.(js)
Filed: None, Entered: None
Case Referred as Possibly Related/Similar
CASE REFERRED TO Judge Naomi Reice Buchwald as possibly related to 11-md-2262. (js)
Filed: None, Entered: None
Case Designated ECF.
Case Designated ECF. (js)
Filed: None, Entered: None
Summons Issued
SUMMONS ISSUED as to Bank of America Corporation, Bank of America N.A., Bank of Tokyo Mitsubishi UFJ Ltd., Barklays Bank Plc, Citibank N.A., Citigroup Inc., Cooperative Centrale Raiffeisenboerenleenbank B.A., Credit Suisse Group AG, Deutsche Bank AG, HBOS Plc., HSBC Bank Plc., HSBC Holdings plc., JPMorgan Chase & Co., JPMorgan Chase Bank, Lloyds Banking Group plc., National Association, Royal Bank of Canada, The Norinchukin Bank, The Royal Bank of Scotland Group Plc., UBS AG, WestLB AG, Westdeutsche Immobilienbank AG. (js)
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